Order Details: Notice of Motion Pdf Text: 1 IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY NOTICE OF MOTION NO.1457 OF 2018 CNR NO.MHCCO10045892018 IN S.C. SUIT NO.7808 OF 1985 Prasad Chamber Premises Cooperative Society Limited, a Society registered under the Maharashtra Cooperative Societies Act, having its registered office at 719, Prasad Chambers, Swadeshi Mill Compound, Opera House, Bombay 400 004. ..Plaintiff Versus 1. Leo Monteiro, of Bombay Indian Inhabitant residing at 38, Swadeshi Mill Compound, Opera House, Bombay…
NOTICE OF MOTION
Prasad Chambers Premises Co op Society LtdVsLeo Monterio And Ors
CNR MHCC0100458920181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 24th October 2019
TrustJury record updated 11 Sept 2026
Case Overview
- Registration Number
- 101457/2018
- Registration Date
- 06 Apr 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 11-04-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 13-06-2018 Date: 13-06-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 22-06-2018 Date: 22-06-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 12-07-2018 Date: 12-07-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 23-07-2018 Date: 23-07-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 31-07-2018 Date: 31-07-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 21-08-2018 Date: 21-08-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 03-09-2018 Date: 03-09-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 17-09-2018 Date: 17-09-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 26-09-2018 Date: 26-09-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 04-10-2018 Date: 04-10-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 16-10-2018 Date: 16-10-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 01-11-2018 Date: 01-11-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 15-11-2018 Date: 15-11-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 19-11-2018 Date: 19-11-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 21-11-2018 Date: 21-11-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 11-12-2018 Date: 11-12-2018 Business: Adv. Priti Shaha for the plaintiff present. Adv. Abhishek Sawant for deft. no. 2 present. Adv. Memon for deft. no. 4a present. Adv. for the plaintiff has submitted that the suit is transfer Hon\''ble High Court and as per her knowledge deft., no. 1 has been duly served and they were appearing through advocate in this matter. It appears that deft. no. 1 though appeared has not filed written statement. Hence, no Written statement order is passed against deft. no. 1. Therefore, suit to proceed further without Written statement of deft. no. 1 . As this suit is transfer Hon\''ble High court the plaintiff is directed to intimate hearing of the suit to deft. no. 1 by issuing letter by speed post. Heard on the documents. Matter is adjd. to 19.12.18 for Further Arguments in NM. Next Purpose: NOTICE OF MOTION Next Hearing Date: 19-12-2018 Date: 19-12-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 07-01-2019 Date: 07-01-2019 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 30-01-2019 Date: 30-01-2019 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 14-02-2019 Date: 14-02-2019 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 12-03-2019 Date: 12-03-2019 Business: Resumed. Adv. Priti Shah for plaintiff and Adv. Memon for def. Nos. 4 A are present. Exh. 43 - Application for witness summons by def. no. 2. O- Heard, issue summons to captioned witness for hearing and production of captioned documents on payment of PF and bhatta as per rules r/o 02.04.2019. Adjd for further evidence of defendant to 02.04.2019. Next Purpose: RECORDING EVIDENCE P.H. Next Hearing Date: 02-04-2019 Date: 02-04-2019 Business: Resumed. Adv. Neha Pande I/b Adv. Priti Shah for plaintiff and Adv. Memon for defendant no. 2 are present. Adv. Memon seeks time to take further steps to seek present of the witness. Time is granted as last chance. Adjd for cross examination of PW no. 1 to 07.06.2019. L.O. at 11.55 a.m. Adv. Memon and Mr. Vinayak Mane, Head Clerk, Estate Department, Head office MCGM are present. Exh. 44 - Pursis with true copy of deed dated 11.10.1945 registered no. 5005 of 1945 filed by Mr. Vinayak Mane. He seeks time to file remaining documents. Time is granted. Adjd for production of documents by witness to 07.06.2019. Next Purpose: RECORDING EVIDENCE P.H. Next Hearing Date: 07-06-2019 Date: 07-06-2019 Reason For Adjournment: court time is over Next Purpose: RECORDING EVIDENCE P.H. Next Hearing Date: 19-06-2019 Date: 07-06-2019 Reason For Adjournment: court time is over Next Purpose: RECORDING EVIDENCE P.H. Next Hearing Date: 19-06-2019 Date: 07-06-2019 Business: Court is on leave Next Purpose: RECORDING EVIDENCE P.H. Next Hearing Date: 19-06-2019 Date: 19-06-2019 Business: Adv. Neha Pandey for plaintiff present. Adv. Memon for deft no. 4a present. Adv. Waghmare for deft. no. 2 present. Mr. Vinayak Mane Head clerk of Estate Department for BMC present. He submitted that he belongs to Estate Department of the BMC and only in possession of lease deed which he had already produced. Adjourned for recording evidence to 1.7.2019. Next Purpose: RECORDING EVIDENCE P.H. Next Hearing Date: 01-07-2019 Date: 01-07-2019 Reason For Adjournment: court time is over Next Purpose: ARGUMENTS Next Hearing Date: 17-07-2019 Date: 01-07-2019 Business: None present for plaintiff. Adv. Pooja Shroff h/f Adv. Preeti Shah for deft. present. The matter is shown in the caption of evidence. On perusal of the record it appears that the matter was posted for final arguments and therefore seems that the parties have adduced their evidence. Matter is adjourned for arguments to 17.7.2019. Next Purpose: ARGUMENTS Next Hearing Date: 17-07-2019 Date: 01-07-2019 Reason For Adjournment: court time is over Next Purpose: ARGUMENTS Next Hearing Date: 17-07-2019 Date: 17-07-2019 Business: Adv. Neha Pande for plaintiff present. Adv. Ayaz I/b Adv. Momin for deft. no. 4a present. Adv. Shobhna Waghmare for deft. no. 2 present. Adjournment application filed on behalf of plaintiff. O-Read application. Considering the reason mentioned in the application, adjournment granted as a last chance. Adjourned for final arguments to 1.8.2019. Next Purpose: ARGUMENTS Next Hearing Date: 01-08-2019 Date: 01-08-2019 Business: Adv. Preeti Shah for plaintiff present. Adv. Memon for defendant nos. 4(a) present. Adv. Shobhna Waghmare for defendant no. 2 present. Adjournment application filed by Ld. Advocate for plaintiff. O-The advocate for plaintiff submitted that she is suffering from leg injury. Considering the same, adjournment is granted. Adjourned for arguments to 19.8.2019. Next Purpose: ARGUMENTS Next Hearing Date: 19-08-2019 Date: 01-08-2019 Business: Adv. Preeti Shah for plaintiff present. Adv. Memon for defendant nos. 4(a) present. Adv. Shobhna Waghmare for defendant no. 2 present. Adjournment application filed by Ld. Advocate for plaintiff. O-The advocate for plaintiff submitted that she is suffering from leg injury. Considering the same, adjournment is granted. Adjourned for arguments to 19.8.2019. Next Purpose: ARGUMENTS Next Hearing Date: 19-08-2019 Date: 01-08-2019 Business: Adv. Preeti Shah for plaintiff present. Adv. Memon for defendant nos. 4(a) present. Adv. Shobhna Waghmare for defendant no. 2 present. Adjournment application filed by Ld. Advocate for plaintiff. O-The advocate for plaintiff submitted that she is suffering from leg injury. Considering the same, adjournment is granted. Adjourned for arguments to 19.8.2019. Next Purpose: ARGUMENTS Next Hearing Date: 19-08-2019 Date: 19-08-2019 Business: Adv. Dalal along with Adv. Preeti Shah for plaintiff present. Adv. Ayyaz Ansari for defendant no. 4(a) present. The predecessor of this court has passed an order dated 30.1.2019 directing for issuance of letter of request to the Court Receiver, High Court, Bombay for producing record in respect of the suit premises. Till date the record is not filed by the Court Receiver. The Ld. counsel for the plaintiff submitted that the record is essential at the time of final hearing. Be that as it may, specific direction was issued for production of the documents by the Court receiver. Hence, Registrar is called upon to issue reminder to Court Receiver to produce the documents at the earliest as the matter is old than 30 years old. Adjourned for compliance and final arguments to 4.9.2019. Next Purpose: ARGUMENTS Next Hearing Date: 04-09-2019 Date: 19-08-2019 Business: Adv. Dalal along with Adv. Preeti Shah for plaintiff present. Adv. Ayyaz Ansari for defendant no. 4(a) present. The predecessor of this court has passed an order dated 30.1.2019 directing for issuance of letter of request to the Court Receiver, High Court, Bombay for producing record in respect of the suit premises. Till date the record is not filed by the Court Receiver. The Ld. counsel for the plaintiff submitted that the record is essential at the time of final hearing. Be that as it may, specific direction was issued for production of the documents by the Court receiver. Hence, Registrar is called upon to issue reminder to Court Receiver to produce the documents at the earliest as the matter is old than 30 years old. Adjourned for compliance and final arguments to 4.9.2019. Next Purpose: ARGUMENTS Next Hearing Date: 04-09-2019 Date: 19-08-2019 Business: Adv. Dalal along with Adv. Preeti Shah for plaintiff present. Adv. Ayyaz Ansari for defendant no. 4(a) present. The predecessor of this court has passed an order dated 30.1.2019 directing for issuance of letter of request to the Court Receiver, High Court, Bombay for producing record in respect of the suit premises. Till date the record is not filed by the Court Receiver. The Ld. counsel for the plaintiff submitted that the record is essential at the time of final hearing. Be that as it may, specific direction was issued for production of the documents by the Court receiver. Hence, Registrar is called upon to issue reminder to Court Receiver to produce the documents at the earliest as the matter is old than 30 years old. Adjourned for compliance and final arguments to 4.9.2019. Next Purpose: ARGUMENTS Next Hearing Date: 04-09-2019 Date: 04-09-2019 Business: None present for Plaintiff. Adv. Amol Bagat for Defendant no. 2 present. Adv. Ansari for Defendant no. 4 present. Mr. Niranjan Chavan representative of Court Receiver present. Report submitted by Court Receiver. KB LO Adv. Ms. Zuba Bubere with Adv. Ayaz Ansari for defendant no. 4(a) present. Adv. Dalal for plaintiff present. Heard Ld. Counsel for plaintiff. Ld counsel for defendants seeks time for arguments. Time granted. Matter stands adjn. for the argument of Defendants to 07.09.19 Next Purpose: ARGUMENTS Next Hearing Date: 07-09-2019 Date: 07-09-2019 Business: None for plaintiff. Adv.Shohaib Memon for deft nos.4(a) None present for deft no.2. Ld.Counsel for deft no.4(a) seeks time for argument Representative of Court Receiver present. Matter is Adjd. to 18.09.19 for argument. Next Purpose: ARGUMENTS Next Hearing Date: 18-09-2019 Date: 18-09-2019 Business: Adv. Neha Pandey h/f Adv. Preeti Shah for plaintiff present. Adv. Shobhana Waghmare for defendant no. 2 present. Adv. Shoaib Memon for defendant no. 4(a) present. Heard further argument of Ld. advocate for defendant no. 4(a) partly. Adjourned for further argument to 21.9.2019 at 12.00 noon. Next Purpose: ARGUMENTS Next Hearing Date: 21-09-2019 Date: 21-09-2019 Business: Adv. Shobhana Waghmare for defendant no. 2 present. Adv. Shoaib Memon for defendant no. 4(a) present. By consent of the parties, matter is adjourned for further argument to 1.10.2019 at 12.30 p.m. Next Purpose: ARGUMENTS Next Hearing Date: 01-10-2019 Date: 01-10-2019 Business: Adv. Preeti Shah for plaintiff present. Adv. Shoaib Memon for defendant no. 4(a) present. Heard further argument of Ld. Advocate for defendant no. 4(a) partly. Adjourned for further argument to 10.10.2019. Next Purpose: ARGUMENTS Next Hearing Date: 10-10-2019 Date: 01-10-2019 Business: Adv. Preeti Shah for plaintiff present. Adv. Shoaib Memon for defendant no. 4(a) present. Heard further argument of Ld. Advocate for defendant no. 4(a) partly. Adjourned for further argument to 10.10.2019. Next Purpose: ARGUMENTS Next Hearing Date: 10-10-2019 Date: 01-10-2019 Business: Adv. Preeti Shah for plaintiff present. Adv. Shoaib Memon for defendant no. 4(a) present. Heard further argument of Ld. Advocate for defendant no. 4(a) partly. Adjourned for further argument to 10.10.2019. Next Purpose: ARGUMENTS Next Hearing Date: 10-10-2019 Date: 10-10-2019 Business: Representative of plaintiff present. Adv. Priti Shah for plaintiff present. Adv. Shoaib Memon for defendant no. 4a present. Heard further argument of defendant no. 4(a). He concluded his argument. Adjourned for argument of defendant no. 2 to 16.10.2019. Next Purpose: ARGUMENTS Next Hearing Date: 16-10-2019 Date: 10-10-2019 Business: Representative of plaintiff present. Adv. Priti Shah for plaintiff present. Adv. Shoaib Memon for defendant no. 4a present. Heard further argument of defendant no. 4(a). He concluded his argument. Adjourned for argument of defendant no. 2 to 16.10.2019. Next Purpose: ARGUMENTS Next Hearing Date: 16-10-2019 Date: 10-10-2019 Business: Representative of plaintiff present. Adv. Priti Shah for plaintiff present. Adv. Shoaib Memon for defendant no. 4a present. Heard further argument of defendant no. 4(a). He concluded his argument. Adjourned for argument of defendant no. 2 to 16.10.2019. Next Purpose: ARGUMENTS Next Hearing Date: 16-10-2019 Date: 16-10-2019 Business: Adv. Preeti Shah with adv. Dalal for plaintiff present. Adv. S. R. Waghmare for defendant no. 2 present. Adv. Ansari Ayaz for defendant no. 4(a) present. On last date the counsel for the defendant no. 4 (a) filed the written notes of arguments, but inadvertently it is not marked as exhibit. It is marked as exhibit 47. Exh.47 Written notes of arguments filed on behalf of defendant no. 4(a). Exh.48 Pursis filed by the defendant no. 2 adopting the written arguments submitted by defendant no. 4(a). Heard argument of Ld. Advocate for plaintiff. Adjourned for judgment to 23.10.2019. Next Purpose: JUDGMENT Next Hearing Date: 23-10-2019 Date: 23-10-2019 Business: Adv. Dalal for plaintiff present. Adv. Suba Bubere I/b Adv. Shoaib Memon for defendant no. 4(a) present. Court is busy in hearing time bound NM in Suit No. 4321/2013. Adjourned for judgment to 24.10.2019. Next Purpose: JUDGMENT Next Hearing Date: 24-10-2019 Date: 24-10-2019 Business: None present for plaintiff. Adv. Ansari Ayaz for defendant no.4(a) present. FRSR following order is passed on Notice of Motion No. 1457/2018 1. Notice of Motion No. 1457/2018 is dismissed. 2. Costs in the cause. 3. Notice of Motion is disposed of accordingly. Nature Of Disposal: DISMISSED Disposal Date: 24-10-2019
Additional Case Details
Additional Case Details
Filing Number: 105010/2018 Filing Date: 06-04-2018 First Hearing Date: 11th April 2018 Decision Date: 24th October 2019 Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
24 Oct 2019
Order 1Full order available
24 Oct 2019
Order Details: Notice of Motion Pdf Text: 1 IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY NOTICE OF MOTION NO.1457 OF 2018 CNR NO.MHCCO10045892018 IN S.C. SUIT NO.7808 OF 1985 Prasad Chamber Premises Cooperative Society Limited, a Society registered under the Maharashtra Cooperative Societies Act, having its registered office at 719, Prasad Chambers, Swadeshi Mill Compound, Opera House, Bombay 400 004. ..Plaintiff Versus 1. Leo Monteiro, of Bombay Indian Inhabitant residing at 38, Swadeshi Mill Compound, Opera House, Bombay…
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