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NOTICE OF MOTION

Anju S. Gupta - Suit Stamp No.4826 of 2018VsLife Insurance Corporation Of India

CNR MHCC0100482520183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 15th March 2022

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101554/2018
Registration Date
12 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 20-04-2018
    Business: Adv. for plff. present.
    Adv. for D/1 present.
    Adv. Chande for D/2 present.
    Exh.3 V/P filed by adv. for D/2. t.o.r.
    Adv. for plff. tendered registered N/M No.1554/18 alongwith supporting affd. t.o.r.
    Adv. for D/2 tendered reply to N/M No.1554/18.
    The adv. for D/2 submitted that ad-interim order needs to be vacated.
    Heard adv. for plff. and D/2.
    I find it that considering the grounds raised by the D/2, it would be just and proper that the N/M is decided on merits.
    Adv. for D/1 seeking time to file reply on N/M No.1554/18.
    The adv. for plff. submitted that he will give inspection of documents to D/2 on 23.04.2018.
    Earlier order to continue till next date.
    Matter is adjd. to 04.05.2018 for reply on N/M No.1554/18 / order on N/M No.1554/18.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-05-2018
    
    Date: 04-05-2018
    Business: Adv. Rajesh Singh for plff. present.
    Adv. Lakesh Faria for D/1 present.
    Adv. Chande for D/2 present.
    Ex.4 Extension application filed by adv. for D/1. t.o.r. Granted.
    Adv. for D/2 objection to continue the earlier status-quo. As D/1 is seeking time to file reply. Status-quo is continued till next date.
    Matter is adjd. to 20.06.2018 for reply to N/M of D/1.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-06-2018
    
    Date: 20-06-2018
    Business: Adv. for plff. present.
    Adv. for D/1 present.
    Adv. Chande I/b Adv. Nair for D/2 present.
    Exh.5 V/P filed by adv. for D/1. t.o.r.
    Adv. for D/1 filed reply on N/M No.1554/18. t.o.r.
    The plff. is directed to get register the suit on or before next date.
    Matter is adjd. to 19.07.2018 for hearing on N/M No.1554/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2018
    
    Date: 19-07-2018
    Business: Matter is adjd. to 29.08.2018 for hearing on N/M No.1554/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2018
    
    Date: 29-08-2018
    Business: Matter is adjd. to 24.10.2018 for hearing on N/M No.1554/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-10-2018
    
    Date: 24-10-2018
    Business: Adv. for plff. present.
    Adv. for D/1 present.
    Adv. for D/2 present.
    Rest of the defts are absent.
    D/1 is going to inspection on record to plff. and D/2
    Matter is adjd. to. 17.12.2018 for reply of D/2 and hearing on N/M No. 1554/18.
    E.O. to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2018
    
    Date: 17-12-2018
    Business: Adv. for plff. present.
    Adv. for D/1 present.
    Adv. for D/2 present.
    The parties have exchanged notice for inspection of documents and in view of this they seek adjournment. Hence, Matter is adjd. to. 18.01.2019 for hearing on N/M No.1554/18.
    E.O. to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2019
    
    Date: 18-01-2019
    Business: Adv. for plff. present.
    Adv. for D/1 present.
    Adv. for D/2 present.
    On request of Adv. for D/1 Matter is adjd. to. 28.02.2019 for hearing on N/M No.1554/18.
    E.O. to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Business: plff. and his adv. absent.
    Adv. for D/2 present.
    As court is busy in administrative work and order matter,
    Matter is adjd. to.27.03.2019 for hearing on N/M No.1554/18.
    E.O. to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2019
    
    Date: 27-03-2019
    Business: Adv. Bhavesh Thakur for plff. present.
    Adv. Ruchita Dave for D/1 present.
    Adv. for D/2 present.
    Rest of the defts are absent.
    On request of Adv. for Ld. adv. for plff. Matter is adjd. to.26.04.2019 for  hearing on N/M No.1554/18, as he submits that certain document are sough to be inspected which are in custody of D/1 and adv. of D/1 submits that after ascertaining the document are in their custody, necessary steps will be taken.
    E.O. to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2019
    
    Date: 26-04-2019
    Business: Adv for plff present.
    Advs for D/1 and 2 are present.
    On request of Adv. for plff, Matter is adjd. to.07.06.2019  for hearing on N.M.E.O to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-06-2019
    
    Date: 07-06-2019
    Business: Adv Bhavesh for plff present and has filed additional affidavit in NM NO. 1554/18. TOR. Copy supplied to other side.
    Adv for deft no. 1 present.
    Matter is adjd. to. 22/07/2019  for NM hearing.
    E.O. to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: court is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: As court is vacant, hence board is discharge.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Adjd for Compliance and further arguments on NM No. 1554/18 to 23.10.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: Court is on leave.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: Adv. Singh for plff present.
    Adv. Bhogari for deft no.1 present.
    Adv. Chande for deft no.2 present.
    Advocate for deft no.1 filed document list containing original disputed policy. TOR.
    Copies be furnished to other side.
    Advocate for deft no.2 tendered additional affidavit. TOR.
    Copies served to other sides.
    Advocate for deft no.1 LIC submitted before this court that he is ready to deposit the maturity amount Rs.3,76,361/- as claimed by LIC subject to appropriate financial rules of disputed policy in court and he has no objection for any suitable order deciding claim of contesting parties in respect of the said amount. Submission accepted.
    Adjd for further arguments on N/M No.1554/18 to 21.01.2020.
    Earlier Order, if any, to continue till the next date.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Adv.  Atul Singh   for plaintiff present.
    Adv. Ruchika Dave   for defendant no. 1 present.
    Adv.  B. S. Vegurle   for defendant no. 2  present.
    On oral request of Ld. Adv. for defendant no. 1  adjournment granted.
    Earlier order, if any, to continue till next date.
    Adjd to 02-04-2020  for  NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Business: Case is adjd . In view of declaration of Noval Corona Virus COVID 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: Adv. Bhavesh Thakur for plaintiff present.
    None present for defendant.
    Earlier order if any to continue till next date.
    Suit is already adjourned to 06.10.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Business: Adv. Atul Singh i/b AVS Legal for plaintiff is present.
    None present for defendant.
    Adjourned to 29.10.2020 for NM Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: Both sides absent.
    Due to COVID-19 adjourned to 01.12.2020 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: Adv. Ms. Pornita I/b AVS Legal for plaintiff is present.
    None present for defendant.
    Defendant to remain present positively on next date, either personally or on video conference.
    Adjourned to 19.12.2020 for NM Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2020
    
    Date: 19-12-2020
    Business: Adv. Atul Singh i/b AVS Legal for plaintiff is present.
    None present for defendant.
    Defendant to remain present on next date positively.
    Adjourned to 14.01.2021 for NM Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: None present for parties.
    Since nobody appears for parties, matter adjourned to 12.02.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: PRESIDING OFFICER IS ON LEAVE TODAY.
    Adv. Vibhu Chattopadhyay i/b AVS Legal for plaintiff present.
    Adv. Neer Karia for defendant no. 1/LIC present.
    Adjd. to 11.03.2021 for NM hearing.
    CORAM  HIS HONOUR I/C PRINCIPAL JUDGE,
    SHRI. A. T. WANKHEDE (C.R. No.57)
    (Matter pertains to C.R. No.19)
    Later on at 3.00 p.m.
    Adv. Atul Singh for plaintiff present and requested that on previous date the earlier order not shown tobe continued due to absence of both the parties. Considering the request of advocate for plaintiff the earlier order to continue till next date.
    Already adjd. to 11.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv. Harsh Pandey i/b AVS Legal for plaintiff is present.
    None present for defendants.
    Since nobody appears for the defendants by way of last opportunity, matter is adjourned to 26.04.2021 for NM Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: None for plaintiff.
    None present for defendant.
    Due to COVID-19, matter adjourned to 15.06.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2021
    
    Date: 15-06-2021
    Business: None present for the parties.
    Adjourned to 08.07.2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: None present for the parties.
    Due to Covid-19 Adjd to 06.08.2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv. Atul Singh for plaintiff present.
    Adv. Prashant Chande and V. S. Vengulekar I/b M/s. Nair Vengurlekar for Deft. No.2 present.
    By consent, matter stands adjourned to 07.12.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Matter mentioned at 3.10 p.m.
    Adv. Harsh Pandey I/b AVS Legal for plaintiff present. He is seeking time. Time granted by way of last chance.
    Adv. Prashant Chande for Deft. No.2 present.
    Matter stands adjourned to 21.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: Matter called out at 3.07 p.m.
    Adv. Atul Singh I/b AVS Legal for plaintiff present.
    Adv. Asim Vidyarthi for Deft. No.1 present.
    Adv. Prashant Chande I/b Nair Vengutlekar and Co. for Deft. No.2 present.
    Heard both the sides.
    The plaintiff filed instant NM No.1554/18 seeking various relief including to direct the Deft. No.1 to deposit the maturity amount in the court. The Deft. No.1 on 28.11.2019, made a statement that they are ready to deposit the maturity amount. The aforesaid statement was already accepted by the court. The plaintiff advocate made a statement that the aforesaid statement would suffice his prayer of NM.  Hence, NM can be disposed of by following order.
    1.   NM No.1554/18 is partly allowed in terms of prayer clause (c) only with respect to maturity amount as on today without deducting TDS amount.
    2.  Deft. No.1 is directed to deposit the maturity amount without deducting TDS as on today with this court within a period of 8 weeks from the date of order.
    3.  Upon deposit of the same, the amount may be invested in any nationalised bank initially for a period of one year on recurring basis.
    4.    Costs in cause.
    5.    In view of above, NM is disposed of accordingly.
    Deft. No.1 and 2 are directed to file their WS.
    Matter stands adjourned to 22.06.2022 for compliance.
    Nature Of Disposal: ALLOWED
    Disposal Date: 15-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105268/2018
    Filing Date: 12-04-2018
    First Hearing Date: 20th April 2018
    Decision Date: 15th March 2022
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    15 Mar 2022

    Order Details: Other Pdf Text: 15.03.2022 Sr. No.53 SU 1689/18 NM 1554/18 CORAM : H.H.J. SHRI.A.H.LADDHAD (C.R. 03) Matter called out at 3.07 p.m. Adv. Atul Singh I/b AVS Legal for plaintiff present. Adv. Asim Vidyarthi for Deft. No.1 present. Adv. Prashant Chande I/b Nair Vengutlekar and Co. for Deft. No.2 present. Heard both the sides. The plaintiff filed instant NM No.1554/18 seeking various relief including to direct the Deft. No.1 to deposit the maturity amount in the court. The…

    Read Full Order
    Order 1Full order available
    15 Mar 2022

    Order Details: Other Pdf Text: 15.03.2022 Sr. No.53 SU 1689/18 NM 1554/18 CORAM : H.H.J. SHRI.A.H.LADDHAD (C.R. 03) Matter called out at 3.07 p.m. Adv. Atul Singh I/b AVS Legal for plaintiff present. Adv. Asim Vidyarthi for Deft. No.1 present. Adv. Prashant Chande I/b Nair Vengutlekar and Co. for Deft. No.2 present. Heard both the sides. The plaintiff filed instant NM No.1554/18 seeking various relief including to direct the Deft. No.1 to deposit the maturity amount in the court. The…

    Read Full Order

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