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NOTICE OF MOTION

Sharekhan LtdVsJatin Navnit Merchant

CNR MHCC01004807201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 28th September 2022

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101543/2018
Registration Date
12 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: 17-04-2018
    Business: Adv. for plaintiff present. Adv. for defendant present.
    Adv. for defendant tendered registered Notice of  Motion No. 1543/18. Adv. for plaintiff seeking time to file reply. Time granted.
    Matter adj. for NM reply to 19.07.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-07-2018
    
    Date: 19-07-2018
    Business: Adv. Prakash Kadam Present for the Plff.
    Adv. Vikrant Shetty Present for the Deft.
    Ld counsel for the Plff filed reply to the overleaf to NM 1543/18.
    Adj. For Hearing of NM 1543/18 on 08/08/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-08-2018
    
    Date: 08-08-2018
    Business: Adv. Prakash Kadam Present for the Plff.
    Adv. Vikrant Present for the Deft.
    On the oral request of the Ld counsel for the Plff. Adj. Granted.
    Adj. For Hearing of NM 1543/18 on 18/09/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2018
    
    Date: 18-09-2018
    Business: Adv. Ms. Megha Present for the Plff.
    Adv. Vikrant Shetty Present for the Deft.
    On the oral request of the Ld counsel for the Plff. Adj. Granted.
    Ld counsel for the Deft filed Draft NM alongwith affidavit for rejection of the plaint
    Order- Heard. Leave Granted. NM be registered. Copy served Ld counsel for the Plff. Service affidavit is dispense with.
    Ld counsel for the Deft filed Draft NM alongwith affidavit for dismissal of suit.
    Order- Heard. Leave Granted. NM be registered. Copy served Ld counsel for the Plff. Service affidavit is dispense with.
    Adj. For NM Returnable and reply to Draft NM by Plff and Hearing of NM 1543/18 on 25/10/2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Adv. Mrs. Shweta Gupa Present for the Plff.
    Adv. Ujjal Ashok Present for the Deft.
    Ld counsel for Plff submitted that, the eariler advocates has left service and also losts the registered NM therefore time required for taking necessary steps.
    Ld counsel for deft submitted that, they are received copy of NM but required time to file reply.
    Hence matter adj. For service affidavit of NM 3736/18, 3656/18, 1543/18 and Steps on 08/01/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-01-2019
    
    Date: 08-01-2019
    Business: SHJ is on Mediation Training
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Business: Adv. Ms. Megha Present for the Plff.
    Adv. Vikrant Shetty Present for the Deft.
    Ld counsel for the deft filed registered NM 3656/18 alongwith affidavit. t.o.r.  copy again served upon Ld counsel for the Plff.
    Ld counsel for the deft filed registered NM 3736/18 alongwith affidavit. t.o.r. copy again served upon Ld counsel for the Plff.
    Ld counsel for the Plff sought time filing reply to NM 3656/18 and 3736/18. granted.
    Adj. For Reply to NM 3656/18 and NM 3736/18 and Hearing of NM 1543/18 on 18/04/2019.
    Next Purpose: REPLY
    Next Hearing Date: 18-04-2019
    
    Date: 18-04-2019
    Business: Adv. Ms. Megha Present for the Plff.
    Adv. V. D. Shetty Present for the Deft.
    Ld counsel for the plff filed reply to NM 3736/18. t.o.r. Copy  served upon otherside.
    Ld counsel for the plff filed reply to NM 1543/18. t.o.r. Copy served upon otherside.
    Ld counsel for the plff filed reply to NM 3656/18. t.o.r. Copy served upon otherside.
    Adj. for Hearing of NM 3736/18, 1543/18, 3656/18 on 01/07/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Adv. Megha Keluskar for plaintiff present.
    Adv. Ansari for D-1 present.
    On the request of Ld. Counsel for plaintiff hearing is adjourned.
    Matter adjd for hearing on 29/07/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: Adv. Keluskar for plaintiff present.
    Adv. Mehta for defendant present.
    On the request of Ld. Counsel for plaintiff time is granted to argue three NM\''s by way of last chance.
    Matter adjd for NM hearing on 03/09/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: Adv. Deepak Sharma a/w Adv. Keluskar for plaintiff present.
    Adv. K.S. Attari for defendant present.
    Matter adjd for NM hearing on 04/10/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Adv. Ravindra Pal for plaintiff present.
    Adv. Mehta for defendant present.
    Ld. counsel for plaintiff prayed for time to argue the matter. As per roznama plaintiff has sought some adjournments. So today\''s adjournment is granted by way of last chance that too along with cost of Rs.1,000/- to be paid to the defendant.
    Ld. counsel for plaintiff undertakes to pay cost on next date.
    Matter adjd for NM hearing on 22/11/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Adv. Deepak Sharma for plaintiff present.
    Adv. Umang Mehta for defendant present.
    Matter adjd for 17/01/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Advocate for plaintiff absent.
    Adv. Yash Kataria for defendant present.
    Representative of plff present.
    Kb.
    Later on at 3.30 pm
    Adv. Megha Keluskar for plff present.
    Both advocates submitted that settlement talks are going on. Hence matter adjourned by consent.
    Matter adjd  NM Hearing on  21/02/2020 at 02.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Plaintiff present.
    Adv. Megha Keluskar for plaintiff present.
    Adv. A.S. Attari for defendant present.
    Both advocates submits that talks of settlement are going on.
    Matter adjd for NM hearing to 30-03-2020 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2020
    
    Date: 21-02-2020
    Business: Plaintiff present.
    Adv. Megha Keluskar for plaintiff present.
    Adv. A.S. Attari for defendant present.
    Both advocates submits that talks of settlement are going on.
    Matter adjd for NM hearing to 30-03-2020 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2020
    
    Date: 21-02-2020
    Business: Plaintiff present.
    Adv. Megha Keluskar for plaintiff present.
    Adv. A.S. Attari for defendant present.
    Both advocates submits that talks of settlement are going on.
    Matter adjd for NM hearing to 30-03-2020 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2020
    
    Date: 21-02-2020
    Business: Plaintiff present.
    Adv. Megha Keluskar for plaintiff present.
    Adv. A.S. Attari for defendant present.
    Both advocates submits that talks of settlement are going on.
    Matter adjd for NM hearing to 30-03-2020 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 30-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 30-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 30-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    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: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2021
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: Adv. Megha Keluskar I/b Adv. Deepak Sharma  for plaintiff present.
    Adv. Mr. Attari I/b Taurus legal for defendant present.
    Adjd for NM hearing to 05/04/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 13-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 13-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Board is discharged.  Matter adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2022
    
    Date: 27-10-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2022
    
    Date: 27-10-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2022
    
    Date: 27-10-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2022
    
    Date: 06-01-2022
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2022
    
    Date: 06-01-2022
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2022
    
    Date: 06-01-2022
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: As Court is Vacant Board Discharged adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2022
    
    Date: 22-02-2022
    Business: As Court is Vacant Board Discharged adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2022
    
    Date: 22-02-2022
    Business: As Court is Vacant Board Discharged adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2022
    
    Date: 22-02-2022
    Business: As Court is Vacant Board Discharged adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2022
    
    Date: 12-04-2022
    Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Matter called out at 3.00 pm
    Adv Sejal Khandekar for plff present
    None  for Defendant
    Matter is referred to Lok-Adalat
    Matter is adjd on 13.08.2022 for Lok-Adalat
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 25-07-2022
    Business: Matter called out at 3.00 pm
    Adv Sejal Khandekar for plff present
    None  for Defendant
    Matter is referred to Lok-Adalat
    Matter is adjd on 13.08.2022 for Lok-Adalat
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 25-07-2022
    Business: Matter called out at 3.00 pm
    Adv Sejal Khandekar for plff present
    None  for Defendant
    Matter is referred to Lok-Adalat
    Matter is adjd on 13.08.2022 for Lok-Adalat
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 25-07-2022
    Business: Matter called out at 3.00 pm
    Adv Sejal Khandekar for plff present
    None  for Defendant
    Matter is referred to Lok-Adalat
    Matter is adjd on 13.08.2022 for Lok-Adalat
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Plaintiff and advocate absent.
    None for defendant.
    Matter is not settled in Lok-adalat.
    Matter is adj to 17/10/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Advocate Chaitanya Purankar for plff present.
    Advocate  Aanit Aftari I/b Tauras Legal for defendant present.
    Adv for defendant tendered application to take the matter of today\''s board for withdrawal of amount deposited in the court t.o.r marked as Exh 18
    O- Matter is taken on today\''s board.  Plff to file Say on the application for the report from department.
    Matter is adjd on 17.09.2022 for Report/Reply
    Next Purpose: REPORT
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: Matter called out at 3.29 pm
    Authorised Representative of plff company present
    Adv Chaitanya Purankar for plff present
    Defendant Nos. 1 and 2 present
    Adv Aamir Aftari for defendant present
    Adv for plaintiff tendered application for withdrawal of the suit t.o.r marked as Exh 19.  Authorised Representative of plff Shri. Prashant Ramesh Khamkar submits that plaintiff wants to withdraw the suit as matter is settled with the defendant.  Defendants have no objection to the application.  In view of the settlement between the parties, plaintiff is permitted to withdraw the suit.
    As application Exh 18 is pending for report from the office and further order suit is fixed for disposal order.
    Matter is adjd on 28.09.2022 for Disposal Order
    Next Purpose: ORDER
    Next Hearing Date: 28-09-2022
    
    Date: 17-09-2022
    Business: Matter called out at 3.29 pm
    Authorised Representative of plff company present
    Adv Chaitanya Purankar for plff present
    Defendant Nos. 1 and 2 present
    Adv Aamir Aftari for defendant present
    Adv for plaintiff tendered application for withdrawal of the suit t.o.r marked as Exh 19.  Authorised Representative of plff Shri. Prashant Ramesh Khamkar submits that plaintiff wants to withdraw the suit as matter is settled with the defendant.  Defendants have no objection to the application.  In view of the settlement between the parties, plaintiff is permitted to withdraw the suit.
    As application Exh 18 is pending for report from the office and further order suit is fixed for disposal order.
    Matter is adjd on 28.09.2022 for Disposal Order
    Next Purpose: ORDER
    Next Hearing Date: 28-09-2022
    
    Date: 17-09-2022
    Business: Matter called out at 3.29 pm
    Authorised Representative of plff company present
    Adv Chaitanya Purankar for plff present
    Defendant Nos. 1 and 2 present
    Adv Aamir Aftari for defendant present
    Adv for plaintiff tendered application for withdrawal of the suit t.o.r marked as Exh 19.  Authorised Representative of plff Shri. Prashant Ramesh Khamkar submits that plaintiff wants to withdraw the suit as matter is settled with the defendant.  Defendants have no objection to the application.  In view of the settlement between the parties, plaintiff is permitted to withdraw the suit.
    As application Exh 18 is pending for report from the office and further order suit is fixed for disposal order.
    Matter is adjd on 28.09.2022 for Disposal Order
    Next Purpose: ORDER
    Next Hearing Date: 28-09-2022
    
    Date: 17-09-2022
    Business: Matter called out at 3.29 pm
    Authorised Representative of plff company present
    Adv Chaitanya Purankar for plff present
    Defendant Nos. 1 and 2 present
    Adv Aamir Aftari for defendant present
    Adv for plaintiff tendered application for withdrawal of the suit t.o.r marked as Exh 19.  Authorised Representative of plff Shri. Prashant Ramesh Khamkar submits that plaintiff wants to withdraw the suit as matter is settled with the defendant.  Defendants have no objection to the application.  In view of the settlement between the parties, plaintiff is permitted to withdraw the suit.
    As application Exh 18 is pending for report from the office and further order suit is fixed for disposal order.
    Matter is adjd on 28.09.2022 for Disposal Order
    Next Purpose: ORDER
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Matter called out at 11.17 am
    Adv for plff present
    Adv for defendant present
    K.B. L.O. at 3.02 pm
    Adv Chaitanya Purankar for plff present
    Adv Aamir Aftari for defendant present
    Report received from the office t.o.r marked as Exh 20
    Heard both sides on Exh 18.  Perused report at Exh 20.  The defendant has deposited an amount of Rs. 15,85,197/- in the court pursuant to order dated 06.05.2017 in NM 906/2017.  By filing application Exh 18 defendant is seeking refund of said amount a/w interest.  Adv for plaintiff has given no objection to the prayer made in the application.  On 17.09.2022, on application Exh 19 filed by the plaintiff, plaintiff is permitted to withdraw the suit as matter is settled with the defendant.  Accordingly, the defendant is entitled for refund of the amount a/w interest.  Therefore, application Exh 18 is allowed.  The amount of Rs. 15,85,197/- deposited in the court vide ledger NO. J-3/15 be refunded to the defendant a/w accumulated interest thereon.
    Pursuant to the order passed below application Exh 19, following order is passed below Exh 1
    Order
    1. Suit No. 3635 of 2010 is disposed off as withdrawn unconditionally
    2.  Issue court fee refund certificate as per the Rules
    3.  No order as to costs.
    4. Pending Notice of Motion Nos. 3656/2018, 1543/2018 and 3736/18 also stand disposed off.
    R and P  be sent to Record Department
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 28-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105243/2018
    Filing Date: 12-04-2018
    First Hearing Date: 17th April 2018
    Decision Date: 28th September 2022
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    28 Sept 2022

    Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :Court 59 ASST SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101543/2018 Sharekhan Ltd Vs Jatin Navnit Merchant Date : 28-09-2022 Business : Matter called out at 11.17 am Adv for plff present Adv for defendant present K.B. L.O. at 3.02 pm Adv Chaitanya Purankar for plff present Adv Aamir Aftari for defendant present Report received from the office t.o.r marked as Exh 20 Heard both sides on Exh…

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    Order 1Full order available
    28 Sept 2022

    Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :Court 59 ASST SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101543/2018 Sharekhan Ltd Vs Jatin Navnit Merchant Date : 28-09-2022 Business : Matter called out at 11.17 am Adv for plff present Adv for defendant present K.B. L.O. at 3.02 pm Adv Chaitanya Purankar for plff present Adv Aamir Aftari for defendant present Report received from the office t.o.r marked as Exh 20 Heard both sides on Exh…

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