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NOTICE OF MOTION

M/s. Noor Sheetal Roadways - Suit Stamp No.5095 of 2018VsMCGM And Anr

CNR MHCC0100494320185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 05th March 2020

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101595/2018
Registration Date
17 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: 19-04-2018
    Business: Mentioned by pracipe.  NOB. TOB.
    Adv. Fauzan Shaikh for plaintiff and Adv. Rawade with Adv. Sachin Kharat, JE for BMC are present.  Adv. Shaikh tendered registered NM No. 1595/2018.
    Adv. Rawade filed reply and documents and served its copies to plaintiff.  Earlier order if any to continue till the next date.
    Adjd. for arguments to 21.04.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 21-04-2018
    
    Date: 21-04-2018
    Business: Resumed.
    Adv Bhange  for Plaintiff  is present.
    Adv Rawade for BMC is present.
    Adv for plaintiff submits that after filing the suit, the defendant has passed final order on 18.04.2018, and therefore, it is necessary for the plaintiff to amend the suitably. He seeks time to take out chamber summons .
    Adv Rawade submits that defendant has filed the reply and therefore argument on ad-interim be heard.
    Considering the subsequent development, it is expedient to postpone the hearing of ad-interim relief.
    Matter adj for argument on ad-interim relief on 03.05.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 03-05-2018
    
    Date: 03-05-2018
    Business: Resumed.
    The P.O. is busy in hearing of NM in suit NO. 138/2018 and passed order on NM No. 1620/2018 in Stamp No. 5514/2018.  Earlier order if any to continue till the next date.
    Adjd for NM arguments to 07.06.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-06-2018
    
    Date: 07-06-2018
    Business: Resumed.
    The P.O. is busy in hearing of NM No. 4136/2015 in Suit No. 983 of 2015 and Judgment in Suit No. 948/2018, order on Ch/s no. 282/2017 in Suit No. 1063/2015.  For want of time the board is discharged.  Earlier order if any to continue till the next date.
    Adjd for NM arguments to 19.06.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 19-06-2018
    
    Date: 19-06-2018
    Business: Resumed.
    Adv. Seth for plaintiff and Adv. Rawade for MCGM are present.
    Adv. Seth submits that all the objections are removed.  He seeks for extension of time to register the suit.  Time is extended till next date.  He also seeks time to argue the NM on the ground that Adv. Kunal Bhange is busy in other court.
    In order to maintain the proper record the following Exh. numbers are marked -
    Exh. 1 - Plaint
    Exh. 2 - Vakalatnama. O- Seen and filed.
    Exh. 3 - Address Memo. O- R and R.
    Exh. 4 - List of documents. O - Seen and filed.
    Exh. 5 - Affidavit in support of plaint.
       Earlier order if any to continue till the next date with a direction that if the plaintiff fails to argue NM on any count the order will be vacated.
    Adjd for arguments on NM No. 1595 of 2018 to 10.07.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-07-2018
    
    Date: 10-07-2018
    Business: Resumed.
    Adv. Aditya Bhagat for plaintiff seeks time to argue NM on the ground Adv. Bhange and Adv. Shaikh are not in position to attend the court due to heavy rains.  Earlier order if any to continue till the next date.
      Adjd for arguments on NM to 04.08.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-08-2018
    
    Date: 04-08-2018
    Business: Resumed.
    Adv. Kunal Bhange with plaintiff tendered draft Ch/s for amendment.  Leave to register is granted.
    Adv. Rawade filed her reply on Ch/s.
        Heard, Advocates.  Perused the schedule of proposed amendment.  The amendment pertains to the event subsequent to the date of filing of the suit.
        Hence, the Chamber summons is made absolute in terms of prayer clause (a) and (b) with a direction to comply with the order within two weeks from today in all respects.
    Adjd for compliance to 18.08.2018.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-08-2018
    
    Date: 18-08-2018
    Business: Resumed.
    Adv. Shaikh for plaintiff submits that he has complied with the order of amendment.  He undertakes to supply amended plaint and NM to defendants within one week.
    Adv. Rawade for MCGM is present.
    Adjd for arguments on NM 1595/2018 to 04.09.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-09-2018
    
    Date: 04-09-2018
    Business: Resumed.
    Adv. Kunal Bhange for plaintiff tendered registered NM No. 1532/2018 which is already granted on 04.08.2018.  It is also complied with.  Adv. Rawade for MCGM is present.
      Adv. Bhange undertakes to serve additional copy to Adv. Rawade.
    Adv. Rawade seeks time to file additional reply.  Earlier order if any to continue till the next date.
    Adjd for NM reply to 09.10.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Business: Resumed.
    Adv. Shaikh for plaintiff, Adv. Rawade for MCGM.
    Adv. Shaikh seeks time on the ground that Adv. Bhanage is buzy in High Court.  Granted as last chance.
    Adjd for arguments  on NM or Passing for necessary  orders to 13.11.2018
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 13-11-2018
    
    Date: 09-10-2018
    Business: Resumed.
    Adv. Shaikh for plaintiff, Adv. Rawade for MCGM.
    Adv. Shaikh seeks time on the ground that Adv. Bhanage is buzy in High Court.  Granted as last chance.
    Adjd for arguments  on NM or Passing for necessary  orders to 13.11.2018
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 13-11-2018
    
    Date: 13-11-2018
    Business: Resumed.
    Adv. Anukul Seth for plaintiff and Adv. Dhumale h/f adv. Ravade for MCGM are present.
    Adv. Dhumale seeks time to argue the NM on the ground that Adv. Ravade is absent.
    Adjd for NM arguments to 15.12.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-12-2018
    
    Date: 15-12-2018
    Business: resumed.
    Adv. Fauzah Shaikh for plaintiff  present.
    Earlier order if any to be continue till the next date.
    Adjd for NM argument to 08.01.2019
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-01-2019
    
    Date: 08-01-2019
    Business: Resumed.
    Adv. Fauzan for plaintiff seeks time to argue the NM.  Adv. Ravae for MCGM is present.
    Adjd for NM arguments to 21.02.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: Adv. Shaikh for plaintiff present.
    As court busy in dictating judgment in SC No. 892 of 2008. Hence board is discharged.
    Earlier order if any to continue till the next date.
    Matter adjd. to 16.4.19 for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: Adv.Shaikh for plaintiff present.
    Adv.Shri Dhumale for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    As Court is busy in dictating NM order and judgment hence board discharged.
    Matter adjd to 18.06.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: Adv.Mr.Shaikh for plaintiff present.
    Adv.Smt. Rawade for defendant/MCGM present.
    KB
    LO
    Same appearance.
    Matter adjd to 25.06.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-06-2019
    
    Date: 25-06-2019
    Business: Adv. Fauzah Shaikh for plaintiff present.
    Earlier order if any to continue till the next date.
    Matter adjd to 13.08.2019 for NM arguments
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 13-08-2019
    
    Date: 13-08-2019
    Business: Matter adjd to 26.09.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Plaintiff absent and Adv. Mr. Farukh Shaikh present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 15/10/2019 for n.m hearing.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-10-2019
    
    Date: 26-09-2019
    Business: Plaintiff absent and Adv. Mr. Farukh Shaikh present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 15/10/2019 for n.m hearing.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Plaintiff absent and Adv. Mr. Fawzan Shaikh present.
    Adv. Mrs. Rawade for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    At the request of Adv. For plaintiff last chance is granted for hearing on notice of motion and no further adjournments would be granted.
    Matter adjd to 14/11/2019 for hrg. On n.m
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-11-2019
    
    Date: 15-10-2019
    Business: Plaintiff absent and Adv. Mr. Fawzan Shaikh present.
    Adv. Mrs. Rawade for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    At the request of Adv. For plaintiff last chance is granted for hearing on notice of motion and no further adjournments would be granted.
    Matter adjd to 14/11/2019 for hrg. On n.m
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Plaintiff absent and Adv. Mr. Faujdar present.
    Adv. Mrs. Rawade for defendant/MCGM present.
    Matter adjd to 30/11/2019 for hrg. On n.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 30-11-2019
    
    Date: 14-11-2019
    Business: Plaintiff absent and Adv. Mr. Faujdar present.
    Adv. Mrs. Rawade for defendant/MCGM present.
    Matter adjd to 30/11/2019 for hrg. On n.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: CORAM  H. H. J. SHRI. R.V. KOKARE ( CR. NO. 06)
    (INCHARGE COURT)
    Matter pertains to CR No. 05
    Plaintiff present and his advocate absent.
    Adv. Mrs.Dhuri/Rawade  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 12/12/2019 for hrg. On n.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: Adv. Mr. Shobhit Shukla for plaintiff present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Matter adjd to 28/01/2020 for hrg. On n.m
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Adv. Mr. Fauzah Shaikh  for plaintiff present
    Adv. Mrs. Rawade for the defendant  MCGM  present
    K. B.
    L. O. at 04.00 p.m.
    Same appearance.
    At the request of Adv. for plaintiff.
    Matter is adjd to 04/02/2020 for hrg. on n.m..
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-02-2020
    
    Date: 28-01-2020
    Business: Adv. Mr. Fauzah Shaikh  for plaintiff present
    Adv. Mrs. Rawade for the defendant  MCGM  present
    K. B.
    L. O. at 04.00 p.m.
    Same appearance.
    At the request of Adv. for plaintiff.
    Matter is adjd to 04/02/2020 for hrg. on n.m..
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv. Mr. Fauzah Shaikh for plaintiff present and seeks time. Order- Granted time as a last chance.
    Adv. Mrs. Rawade for the defendant  MCGM  present
    Matter is adjd to  11/02/2020 for hrg. on n.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Plaintiff present and advocate absent.
    Adv. Mrs. Rawade for MCGM/deft present.
    K. B.
    L. O. at 03.42 p.m.
    Adv. Mr. Kunal for plaintiff present.
    Heard arguments of both sides on notice of motion
    Matter is adjd to  25/02/2020 for order on n.m.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-02-2020
    
    Date: 11-02-2020
    Business: Plaintiff present and advocate absent.
    Adv. Mrs. Rawade for MCGM/deft present.
    K. B.
    L. O. at 03.42 p.m.
    Adv. Mr. Kunal for plaintiff present.
    Heard arguments of both sides on notice of motion
    Matter is adjd to  25/02/2020 for order on n.m.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Adv. Mr. Fauzah Shaikh for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present
    As Court is busy in recording evidence, hearing arguments, passing orders, dictating Judgment in Sessions Case No.194/2017 and misc. work hence,
    Matter is adjd to 27/02/2020 for n.m. order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Adv. Mr. Fauzah for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    As Court is busy in hearing arguments, passing orders and misc. work hence,
    Matter is adjd to 29/02/2020 for order .
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-02-2020
    
    Date: 27-02-2020
    Business: Adv. Mr. Fauzah for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    As Court is busy in hearing arguments, passing orders and misc. work hence,
    Matter is adjd to 29/02/2020 for order .
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Adv. for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    As our regular stenographer is not
    Matter is adjd to  03/03/2020 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-03-2020
    
    Date: 29-02-2020
    Business: Adv. for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    As our regular stenographer is not
    Matter is adjd to  03/03/2020 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Adjd. to 05/03/200 for order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Adv. Mr. Fauzan Shaikh for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    F. R. S. R. Following order is passed on Notice of Motion No.1595/2018 -
                                O R D E R
    The Notice of Motion No.1595/2018 is dismissed. .....
    Adv. Mr. for plaintiff filed an application for extension of earlier order t.o.r. and marked as Exh.
    Order- EOC is extended for 4 weeks to prefer appeal.
    Matter is adjd to  18/06/2020 for W/St.
    Nature Of Disposal: DISMISSED
    Disposal Date: 05-03-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 105416/2018
    Filing Date: 17-04-2018
    First Hearing Date: 19th April 2018
    Decision Date: 05th March 2020
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    05 Mar 2020

    Order Details: Notice of Motion Pdf Text: 1 NM 1595-18 in Suit No.1647-18 CNR NO.MHCC01-004943-2018 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 1595 OF 2018 IN L.C. SUIT NO. 1647 OF 2018 M/s. Noor Sheetal Roadways …..Plaintiff Versus Municipal Corporation for Gr. Mumbai & Anr. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 05th March, 2020. Appearance: Ld. Adv. Mr. Kunal for plaintiff. Ld. Adv. Mrs.…

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    Order 1Full order available
    05 Mar 2020

    Order Details: Notice of Motion Pdf Text: 1 NM 1595-18 in Suit No.1647-18 CNR NO.MHCC01-004943-2018 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 1595 OF 2018 IN L.C. SUIT NO. 1647 OF 2018 M/s. Noor Sheetal Roadways …..Plaintiff Versus Municipal Corporation for Gr. Mumbai & Anr. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 05th March, 2020. Appearance: Ld. Adv. Mr. Kunal for plaintiff. Ld. Adv. Mrs.…

    Read Full Order

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