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NOTICE OF MOTION

M/s. Shaparai Marine and Management CoVsThe Chairman +1 more

CNR MHCC01004669201820-COURT 20 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 26th June 2019

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101491/2018
Registration Date
09 Apr 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 11-06-2018
    Business: Adv. K .D. Shukla Present for the Plff.
    None Present for the Deft.
    Adv. For the Plff filed service affidavit against deft no.6 of NM 1491/18. t.o.r.
    as per service affidavit Deft no. 6 came to be served by RPAD 06/08/2016 till today no one appearance given by deft no.6. hence suit proceeded Ex-parte against deft no.6.
    None appear for Deft no. 1 to 5. Draft NM taken on by Deft no. 1 to 5 not tendered on record.
    Ld counsel for the Plff submitted that he has received the copy of Draft NM and prayed that, subject to cost NM be made absolute. However as Draft NM is not tendered by Deft no. 1 to 5. since 31/03/2018 matter kept for order of NM 1491/18.
    Adj. For Order of NM 1491/18 on 30/06/2018.
    LO. 3.45PM.
    Ld counsel Tulsi Present for the Deft.no.1 to 5 appear and tendered Registered NM 1491/18 alongwith affidavit. t.o.r.
    Adj. for Order of NM 1491/18 on 30/06/2018.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-06-2018
    
    Date: 30-06-2018
    Business: PO is on Leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-08-2018
    
    Date: 28-08-2018
    Business: Po is on Meditation Training at Culcutta
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-10-2018
    
    Date: 28-08-2018
    Business: Po is on Meditation Training at Culcutta
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Business: Adv. K. D. Shukla Present for the Plff.
    Adv. Tulsi Present for the Deft. no. 1 to 5.
    Deft no.6 Proceeded Ex-parte.
    Ld counsel for the Plff filed reply of NM 1491/18. t.o.r. copy be supplied to otherside.
    Ld counsel for the Plff filed Draft NM alongwith affidavit.
    Order- Heard. Leave Granted. NM be registered. Copy served to Ld counsel for the Deft no.1 to 5. Service affidavit be filed
    Adj. For NM returnable and reply to Draft NM by Deft no.1 to 5 and Hearing of NM 1491/18 on 27/11/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Business: Adv. K. D.Shukla Present for the Plff.
    Adv. Mehta Present for the Deft. no. 1 to 5.
    Ld counsel for the plff filed registered NM 4009/18 alongwith affidavit. t.o.r.
    Ld counsel for the Deft filed reply to NM 4009/18. t.o.r. copy supplied to Ld counsel for the Plff.
    Ld counsel for the Deft filed rejoinder to NM 1491/18. t.o.r. copy supplied to Ld counsel for the plff.
    Adj. For Hearing on NM 4009/18, 1491/18 on 15/01/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2019
    
    Date: 15-01-2019
    Business: Adv. K. D. Shukla Present for the Plff.
    Adv. Metha Present for the Deft. no. 1 to 5.
    Ld counsel for the Plff sought time to file rejoinder to NM 4009/18. granted.
    Heard both sides on NM 1491/18.
    Adj. For Order of NM 1491/18 and filed rejoinder to NM 4009/18 by Plff on 18/02/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-02-2019
    
    Date: 18-02-2019
    Business: H.H.J. is on Leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-04-2019
    
    Date: 10-04-2019
    Business: Adv. K. D. Shukla Present for the Plff.
    Adv. Metha Present for the Deft.no.1.
    Ld counsel for the plff sought time to file rejoinder to the NM 1491/18. granted.
    Adj. for Order of NM 4009/18 and Rejoinder to Nm 1491/18 by Plff on 04/06/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-06-2019
    
    Date: 04-06-2019
    Business: Adv. K.D. Shukla for plaintiff present.
    Adv. Nikunj Mehta a/w Adv. Tulsi for D-1 to 5 present.
    Ld. counsel for plaintiff filed rejoinder to reply of defendant to NM No.4009/18.
    Copy of said rejoinder is given to Ld. Counsel for defendant.
    Both side argument heard on NM 1491/18.
    Matter adjd for order on NM 1491/18 and hearing on NM No.4009/18 on 19.06.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: Adv. K.D. Shukla for plaintiff present.
    Adv. Nikunj Mehta a/w Adv. Tulsi for D-1 to 5 present.
    Adj. for order on NM No.1491/18 and hearing on NM No.4009/18 on 26.06.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 26-06-2019
    
    Date: 26-06-2019
    Business: Adv. K.D. Shukla for plaintiff present.
    Adv. Nikunj Mehta a/w Adv. Tulsi for D-1 to 5 present.
    F.R.S.R. following order is passed.
    ORDER BELOW NM NO.1491/18
    1. NM No.1491/18 in SU No.375/18 is hereby allowed.
    2. The delay of 44 days in taking out the notice of motion is hereby condoned on payment of cost of Rs.10,000/- to be paid to the plaintiff within four weeks or deposit it in the Court during aforesaid period.
    3. After compliance of cost order written statement be taken on record.
    Nature Of Disposal: ALLOWED
    Disposal Date: 26-06-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 105110/2018
    Filing Date: 09-04-2018
    First Hearing Date: 11th June 2018
    Decision Date: 26th June 2019
    Court Number And Judge: 20-COURT 20 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    26 Jun 2019

    Order Details: Notice of Motion Pdf Text: CNR No. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1491 OF 2018 IN S.C. SUIT NO.375 OF 2018 M/s. Shaparia Marine and Management Co. … Plaintiffs V/s. The Chairman, Mumbai Port Trust, Mumbai & Others. … Defendants Appearances : Ld. Adv. K.D. Shukla for plaintiff. Ld. Adv. Nikunj Mehta a/w Tulsi for defendant no.1 to 5. CORAM : HIS HONOUR JUDGE SHRI MILIND V. KURTADIKAR (C.R. No.20) DATED :…

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    Order 1Full order available
    26 Jun 2019

    Order Details: Notice of Motion Pdf Text: CNR No. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1491 OF 2018 IN S.C. SUIT NO.375 OF 2018 M/s. Shaparia Marine and Management Co. … Plaintiffs V/s. The Chairman, Mumbai Port Trust, Mumbai & Others. … Defendants Appearances : Ld. Adv. K.D. Shukla for plaintiff. Ld. Adv. Nikunj Mehta a/w Tulsi for defendant no.1 to 5. CORAM : HIS HONOUR JUDGE SHRI MILIND V. KURTADIKAR (C.R. No.20) DATED :…

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