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NOTICE OF MOTION

M/s. Shree Auto Marketing - Suit Stamp No.12794 of 2017VsBoard Of Directors Bank Of Baroda

CNR MHCC01004728201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 04th July 2022

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101509/2018
Registration Date
10 Apr 2018

Advocates

1

For Petitioner

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 06-06-2018
    Business: Pltff and Adv. for pltff  absent.
    Adv. Shinde  for deft. no. 1 to 4  present.
    He tendered registered Notice of Motion nos. 1509/18 and 1510/18.
    Matter adjd to 21.6.2018 service of Notice of motion.
    Next Purpose: SERVICE
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 05-07-2018
    
    Date: 05-07-2018
    Business: Adv. D\''silva for pltff  present.
    Adv. Shinde for deft. present.
    Affidavit of service of N/M 1509/18 and 1510/18.
    Service affidavit shows that service is completed.
    Matter adjd to 25.7.2018 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 25-07-2018
    
    Date: 25-07-2018
    Business: Adv. D\''silva for pltff  present.
    Adv. Shinde for deft. no. 2 to 4  present.
    Matter adjd to 3.8.2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 06-09-2018
    
    Date: 06-09-2018
    Business: Adv. Mahamuni for pltff  present.
    Adv. Jaitali Mathuriya for deft. present.
    Adv. Shinde for deft. no. 2 and 4 present.
    L.O.
    Adv. Mathews Nedumpara for pltff  present.
    Matter adjd to 4.10.2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 04-10-2018
    
    Date: 04-10-2018
    Business: Adv.  Mahamuni for pltff present.
    Adv. Shinde for deft no. 1 to 3 present.
    Heard argument of  Adv. Shinde for deft.
    Matter adjd to 24.10.2018 for N/M  hearing.
    Next Purpose: HEARING
    Next Hearing Date: 24-10-2018
    
    Date: 24-10-2018
    Business: Adv. Mahamuni for plaintiff present.
    Adv. Shinde for deft no. 1 and 2 present.
    On oral request of pltff matter adjourned till next date.
    Matter adjd to  19.12.2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 19-12-2018
    
    Date: 19-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Adv.  S. Mahamuni for pltff  present.
    Adv. for deft. absent.
    On oral request of pltff matter adjourned till next date.
    Matter adjd to 28.3.2019 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: court is on leave
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 24-04-2019
    
    Date: 24-04-2019
    Business: Adv. Ms. Mahamuni for Plaintiff, prayed for adjd.
    Adv. Mr. Shinde for Defendant no.2 present.
    Matter is adjd.for reply on 11.07.2019.
    Next Purpose: REPLY
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: None for plaintiff present.
    Adv. Mr. Prashant Shinde for defendant present.
    None present for applicant in NM no. 796/18.
    As per endorsement by adv Mr. Shinde, NM no. 1510/18 stands withdrawn. (Uncontested)
    None present on behalf of plff.
    Adv. Mr. Shinde for deft no.2 to 4 is ready for argument.
     Plff to positively argue on next date, otherwise NM no. 796/18 will stand dismissed.
    Matter is adjd. for NM argument on 08.08.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-08-2019
    
    Date: 08-08-2019
    Business: Court is on Judicial Training.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: Court is on leave
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: None present.
    Matter is adjd.for N.M. Arguments on 14.11.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: None for Plaintiff.
    Adv. Shinde for D/2 to 4 present.
    It seems that no steps has been taken by the plaintiff for his own NM whereas the D/2 to 4 has filed NM within purview of Order 7 Rule 11 of CPC the plff. has failed to file reply to NM of deft. nos.2 to 4.  Last chance is given.
    Adjd. for NM Reply to 18/12/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Adv. Preeti Damle for Plaintiff present and on her request, adj
    Adv. Shinde for Defendant Nos.2 to 4 present.
    Adjd. for NM hearing to 19/12/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: None for Plaintiff.
    Adv. Shinde for Defendant Nos.2 to 4 present.
    Adjd. for NM hearing to 4/1/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2020
    
    Date: 04-01-2020
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: None present for plaintiff.
    None present for defendant.
    It is hereby directed to the plaintiff to argue on N/M on next date. Otherwise, necessary order will be passed.
    Adjourned for NM hearing to 18.02.2020.
                                                                                   Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: None present for plaintiff.
    None present for defendant.
    Adjourned for NM hearing to 17.03.2020.
                                                                                   Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: As per office order No. 66 of 2020 dated 16 March, 2020, the Hon''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
    Matter adjd for NM hearing to 17-06-2020 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: Nobody present.
    Adjd for NM hearing to 30/03/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Adv. Hemangi Kuber for defendant No. 2 to 4 present.
    Adjd for NM hearing to 19/06/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2021
    
    Date: 19-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: NM 796/18  	None present for Plaintiff.
    NM 1509/18	Adv. Mr. Anant Shinde for Defendant Nos. 2 to 4 present.
    In St. 12794/17	Both the NM are awaiting hearing.  But the Plaintiff is not turning up.  Today both the NM may be disposed off.  But before that, the Ld. Advocate for Defendant Nos. 2 to 4 is requested to intimate the next date of hearing to the advocate for Plaintiff by private service of notice.  Despite such service if the Plaintiff doesn\''t turn up on the next date, both the applications shall be taken up for disposal.
    	Matter adj. to 08/11/2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: AS PO IS ON TRAINING
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: None for plff
    Adv Prashant Shinde for Defendant Nos. 2 to 4 present
    Adv for def Nos. 2 to 4 tendered letter issued to adv for plff t.o.r.
    As per the request of the court in the noting dtd 30.08.2021 adv for def Nos. 2 to 4 has issued letter to the adv for plff.  Still none present from plff to argue on NM.
    NM 796/18 is taken out by the plff for interim relief.  Owing to absence of the plff NM 796/18 is put up for appropriate order on next date.
    Heard adv for def No.2 to 4 on NM 1509/18.  Adv for the plff absent for the argument.  NM 1509/18 is fixed for order.
    Matter is adjd on 04.07.2022 for Order
    Next Purpose: ORDER
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: Matter called out at 11.22 am
    None for plff
    None for Defendant
    FRSR FOLLOWING ORDER IS PASSED IN NOTICE OF MOTION NO. 1509/2018
    ORDER
    1.  Notice of Motion 1509 of 2018 is made absolute in terms of prayer clause (a) in the Notice of motion.
    2.   Notice of Motion 1509 of 2018 is disposed off accordingly.
      Following order is passed below Exh.1
    ORDER
    1.  Plaint is rejected under Order 7 Rule 11(d) of CPC.
    2.  Decree be drawn up accordingly.
    3.  All the pending Notice of Motions stand disposed off.
    4.  Suit Stamp No. 12794 of 17 is disposed off.
    5.  Suit be registered for statistical purposes.
    R and P be sent to Record Department
    Nature Of Disposal: ALLOWED
    Disposal Date: 04-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105132/2018
    Filing Date: 10-04-2018
    First Hearing Date: 06th June 2018
    Decision Date: 04th July 2022
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    04 Jul 2022

    Order Details: Notice of Motion Pdf Text: Order on Notice of Motion No. 1509 of 2018 MHCC010047282018 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 1509 OF 2018. IN Suit (St.)No.12794 of 2017. 2.Baroda Gujrat Gramin Bank. 3.Authorised Officer. 4.Baroda Gujrat Gramin Bank . ..Applicants/ (Deft Nos.2 to 4) In the matter between M/s. Shree Auto Marketing …Plaintiff V/s. 1.Board of Directors Bank of Baroda and Ors. ...Defendants Appearance: Adv. Mr. Mahamuni for Plaintiff. Adv. Mr.…

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    Order 1Full order available
    04 Jul 2022

    Order Details: Notice of Motion Pdf Text: Order on Notice of Motion No. 1509 of 2018 MHCC010047282018 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 1509 OF 2018. IN Suit (St.)No.12794 of 2017. 2.Baroda Gujrat Gramin Bank. 3.Authorised Officer. 4.Baroda Gujrat Gramin Bank . ..Applicants/ (Deft Nos.2 to 4) In the matter between M/s. Shree Auto Marketing …Plaintiff V/s. 1.Board of Directors Bank of Baroda and Ors. ...Defendants Appearance: Adv. Mr. Mahamuni for Plaintiff. Adv. Mr.…

    Read Full Order

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