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NOTICE OF MOTION

Mr. Prakash Chimanlal ShethVsMr. Pratik Chandrakant Shah

CNR MHCC01004360201813-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 29th October 2021

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101378/2018
Registration Date
03 Apr 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 04-08-2018
    Business: Adv. Aakash Koteja for Plaintiff present.
    Adv. Brenelle Cardoz for Defendant present.  She tendered original NM No.1378/18.
    Adv. for Plaintiff filed reply to NM No.1378/18.
    Adjourned to 19.09.2018 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2018
    
    Date: 19-09-2018
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2019
    
    Date: 25-01-2019
    Business: Plaintiff absent.
    Adv. Akash Kotecha for plaintiff present.
    Adv. Brenelle Cardox I/b Das Associates for defendant present.
    Adjd for NM for hearing to 17/04/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2019
    
    Date: 17-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2019
    
    Date: 18-04-2019
    Business: In View of Holiday on account of Mahavir jayanti on 17/04/2019, matter is taken on today\''s Board.
    Adjd to 01/07/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Adv. Radhika Pal I/b Das Associates for defendant present.
     Adjd for NM hearing to 16/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-08-2019
    
    Date: 16-08-2019
    Business: PO is on training. Hence board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Adv. for plaintiff present.
    Adv. Rupali Padgulekar for defendant present.
    Adjd for NM hearing to 15/11/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Both the parties absent and are directed to argue on next date failing which NM will be decided without arguments.
    Adjd for NM arguments to 21/01/2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Adv. Rupali Padgulekar for plaintiff present.
    Adjd for NM arguments to 02/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Business: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2020
    
    Date: 08-07-2020
    Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    Today matter is for NM hearing.
    Heard the Ld adv for plaintiff. He submitted that defendant mislead, made incorrect statement, did not come with clean hands and therefore defendant is not entitled to be heard. He relied upon two citation of the Hon''ble Supreme Court of India. Both citations are t.o.r.
    The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Ld Adv for plaintiff states that he filed V/N to represent plaintiff but name of another advocate is reflecting in cause list of daily board. Hence, Sheristedar is directed to take required steps to delete the name of earlier advocate and to add name of present advocate.
    Matter adjd for NM hearing 21-01-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.  None for defendant.
    Today matter is for argument of defendant in NM no. 1378 of 2018.
    The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for argument of deft in NM to 01-02-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Adv. Lalasaheb Bandar h/f Balasaheb Deshmukh for plff present.
    None for defendant.
    Today matter is for NM hearing by defendant advocate.
    Matter adjd for NM hearing to 22-02-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    None appeared for defendant. Argument of defendant is closed. Matter is kept of NM order.
    Matter adjd for NM order to 17-03-2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    KB L.O. at 3.09 pm
    Adv. Prasad Das for defendant present.
    Ld adv for defendant says that his argument is closed on last occasion. He be permitted to make his submission.
    Perused roznama/noting dated 22-02-2021. Permission granted to make submission to the defendant advocate.
    Heard Ld adv for defendant.
    Court is busy in dictating order in CS no. 497 of 2020, CS no. 498 of 2020, CS no. 499 of 2020, dictating judgement in Summary suit no.1091 of 2017, 1092 of 2017, 1095 of 2017, 1100 of 2017, 1117 of 2017, 1844 of 2014, 1158 of 2019 and 1159 of 2019.
    Matter adjd for NM order to 01-04-2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: By Praecipe
    Adv Balasaheb Deshmukh for plaintiff present.
    Ld adv for plaintiff filed praecipe t.o.r. O- Allowed to take case on todays board from 01-04-2021.
    The ld adv for plaintiff submits that once the matter is posted for order then the Court has no jurisdiction to hear other side or other party.
    Ld adv for plaintiff relied upon citation of Hon\''ble Bombay High Court in Writ Petition no. 9999 of 2013 decided on 28-10-2013 t.o.r. O- Seen.
    Perused roznama/noting dated 05-01-2021 to 17-03-2021.
    Hence, matter adjourned for making submission by both advocates regarding the law laid down in the judgement passed in the said Writ petition no. 9999/2013.
    Matter adjd for making submission by both advocates regarding the law laid down in the judgement passed in the said Writ petition no. 9999/2013 to 01-04-2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: P.O. is on leave.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-07-2021
    
    Date: 15-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-07-2021
    
    Date: 15-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: P.O. is on leave.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    Adv. Vijay Mangurle for defendant present.
    Matter adjd for NM hearing as a last chance to 03.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 21-08-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    Adv. Vijay Mangurle for defendant present.
    Matter adjd for NM hearing as a last chance to 03.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 21-08-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    Adv. Vijay Mangurle for defendant present.
    Matter adjd for NM hearing as a last chance to 03.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    Heard Ld Adv. for plaintiff on NM No. 1378 of 2018.
    Matter adjd for NM for Hearing of defendant/Order to 05.10.2021.
    Later on at 3.54 pm.
    Adv. Vijay Mangurle for defendant present
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 03-09-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    Heard Ld Adv. for plaintiff on NM No. 1378 of 2018.
    Matter adjd for NM for Hearing of defendant/Order to 05.10.2021.
    Later on at 3.54 pm.
    Adv. Vijay Mangurle for defendant present
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 03-09-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    Heard Ld Adv. for plaintiff on NM No. 1378 of 2018.
    Matter adjd for NM for Hearing of defendant/Order to 05.10.2021.
    Later on at 3.54 pm.
    Adv. Vijay Mangurle for defendant present
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    KB later on at 3.34 pm.
    Defendant absent and failed to argue on NM.
    Matter adjd for NM order to 29.10.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-10-2021
    
    Date: 05-10-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    KB later on at 3.34 pm.
    Defendant absent and failed to argue on NM.
    Matter adjd for NM order to 29.10.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-10-2021
    
    Date: 05-10-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    KB later on at 3.34 pm.
    Defendant absent and failed to argue on NM.
    Matter adjd for NM order to 29.10.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv.  Balasaheb Deshmukh  for plaintiff present.
    Adv.  Vijay  Mangarule  for defendant present.
    F.R.S.R. following order in Notice of Motion no. 1378 of 2018 in Summary Suit no. 447 of 2018 is passed-
    ORDER
    1. The Notice of Motion no. 1378 of 2018 is allowed subject to payment of costs of Rs.2,000/- (Rs. Two Thousand only) to be paid to the plaintiff on next date without fail.
    2. After payment of costs the defendant shall file his reply to the Summons for judgement.
    3. The delay in filing reply to the Summons for judgement is condoned.
    4. Parties to bear their own costs.
    Learned advocate for plff prayed to stay the effect of the order. It seems that the order has been passed subject of payment of cost to be paid on next date. Till time there is no application for depositing the cost. Hence the question of stay does not arise.
    Matter adjd for compliance to 01/12/2021
    Nature Of Disposal: ALLOWED
    Disposal Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv.  Balasaheb Deshmukh  for plaintiff present.
    Adv.  Vijay  Mangarule  for defendant present.
    F.R.S.R. following order in Notice of Motion no. 1378 of 2018 in Summary Suit no. 447 of 2018 is passed-
    ORDER
    1. The Notice of Motion no. 1378 of 2018 is allowed subject to payment of costs of Rs.2,000/- (Rs. Two Thousand only) to be paid to the plaintiff on next date without fail.
    2. After payment of costs the defendant shall file his reply to the Summons for judgement.
    3. The delay in filing reply to the Summons for judgement is condoned.
    4. Parties to bear their own costs.
    Learned advocate for plff prayed to stay the effect of the order. It seems that the order has been passed subject of payment of cost to be paid on next date. Till time there is no application for depositing the cost. Hence the question of stay does not arise.
    Matter adjd for compliance to 01/12/2021
    Nature Of Disposal: ALLOWED
    Disposal Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv.  Balasaheb Deshmukh  for plaintiff present.
    Adv.  Vijay  Mangarule  for defendant present.
    F.R.S.R. following order in Notice of Motion no. 1378 of 2018 in Summary Suit no. 447 of 2018 is passed-
    ORDER
    1. The Notice of Motion no. 1378 of 2018 is allowed subject to payment of costs of Rs.2,000/- (Rs. Two Thousand only) to be paid to the plaintiff on next date without fail.
    2. After payment of costs the defendant shall file his reply to the Summons for judgement.
    3. The delay in filing reply to the Summons for judgement is condoned.
    4. Parties to bear their own costs.
    Learned advocate for plff prayed to stay the effect of the order. It seems that the order has been passed subject of payment of cost to be paid on next date. Till time there is no application for depositing the cost. Hence the question of stay does not arise.
    Matter adjd for compliance to 01/12/2021
    Nature Of Disposal: ALLOWED
    Disposal Date: 29-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104786/2018
    Filing Date: 03-04-2018
    First Hearing Date: 04th August 2018
    Decision Date: 29th October 2021
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    29 Oct 2021

    Order Details: Notice of Motion Pdf Text: MHCC010043602018 CNR NO. MHCC010043602018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1378 OF 2018 IN SUMMARY SUIT NO.447 OF 2016 Mr. Prakash Chimanlal Sheth ] … Plaintiff V/s. Mr. Pratik Chandrakant Shah ] ... Defendant Appearances :- Ld. Adv. Mr. Balasaheb Deshmukh for plaintiff. Ld. Adv. Mr. Vijay Mangurle for defendant. CORAM : HIS HONOUR JUDGE SMT. R.K. KSHIRSAGAR (C.R.No.13) DATED : 29th October, 2021 ORAL ORDER 1. The…

    Read Full Order
    Order 1Full order available
    29 Oct 2021

    Order Details: Notice of Motion Pdf Text: MHCC010043602018 CNR NO. MHCC010043602018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1378 OF 2018 IN SUMMARY SUIT NO.447 OF 2016 Mr. Prakash Chimanlal Sheth ] … Plaintiff V/s. Mr. Pratik Chandrakant Shah ] ... Defendant Appearances :- Ld. Adv. Mr. Balasaheb Deshmukh for plaintiff. Ld. Adv. Mr. Vijay Mangurle for defendant. CORAM : HIS HONOUR JUDGE SMT. R.K. KSHIRSAGAR (C.R.No.13) DATED : 29th October, 2021 ORAL ORDER 1. The…

    Read Full Order

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