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NOTICE OF MOTION

Amritlal Narshibhai Shah and Ors.VsPrince Enterprises and Anr.

CNR MHCC0100503320204-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 22nd April 2022

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
101624/2020
Registration Date
06 Nov 2020

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 9

Case History / Proceedings

Case History
Date: 10-12-2020
Business: Adv. Ms. Surbhi Gujar h/f Adv. Harish Pawar for plaintiff present.
None for deft no.1 and 2.
Adv. Chetan Jaiswal for deft no.3 present and tendered original registered NM No.1624/2020 alongwith affidavit in support. TOR. He also tendered affidavit of service. TOR.
Adv. Ms. Smita Chavan for deft no.4/MCGM present.
The ld .Advocate for deft no.3 assured to intimate to Hon\''ble High Court that he has moved the Notice of Motion no.1624 of 2020 considering they have urgency in matter and it is the Deft no.3 only who has moved the same Petition of Hon\''ble High Court of Judicature at Bombay.
On oral request of advocate for plaintiff, adjournment granted to file reply to NM No.1624/2020.
Matter adjd to 12/01/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: Matter adjd to 25/02/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Matter adjd to 08/04/2021 for Suit Stayed.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Due to Covid-19 SOP, matter is adjourned till next date.
Matter adjd to 15/06/2021 for Suit stayed.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Adv Nitin Tapan for plaintiff present and and requests for time to file reply to NM. Time is granted till next date.
None for defendant nos.1 and 2.
Adv Chetan D. Jaiswal alongwith Adv Amrita Agrawal for defendant no.3 present and and tendered original registered NM No.1496/2021 along with affidavit in support thereof. TOR.
Adv Mrs Rawade for defendant no.4/ MCGM present.
Adjd. To 02/09/2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: Adv Pawar for plaintiff present.
None for defendant no.1 and 2.
Adv Kudalkar for defendant no.3 present and filed order of Honble High Court in Writ Petition No.7808/2017. TOR.
Adv Mrs Rawade for defendant no.4 / MCGM present.
Adv for plaintiff requested for time to file reply to NM.
Adjd. To 16/09/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv Nikhil Tapan h/f Adv Harish Pawar for plaintiff present and tendered reply to NM NO.1496/2021 and reply to NM NO.1624/2020. TOR. Copies are served to other side.
Adv Smita Chavan for defendant nos.1 and 2/ MCGM present.
Adv Amrita Agrawal with Adv Chetan Jaiswal for defendant no.3 present.
Adjd. To 23/09/2021 for rejoinder / NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Adv Pawan Tiwari for plaintiff present.
None for Defendant No.1 and 2.
Adv Amrita Agrawal h/f Adv Chetan Jaiswal for defendant no.3 present and filed rejoinder in NM NO.1496/2021. Copy is served to the defendant / MCGM.
Adv Smita Chavan for defendant no.4/ MCGM present.
Adjd. To 12/10/2021 for rejoinder/NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Mr Shivam Gavade, representative of plaintiffs present.
None for defendant nos.1 and 2.
Amrita Agrawal for defendant no.3 present and served the copies of affidavit of evidence of DW-1 and compilation of document on defendant nos.4. Copy be served on defendant nos.1 and 2.
Adv Mrs Rawade for defendant no.4/ MCGM present.
K.B.
L.O. at 4.30 p.m.
Mr Shivam Gavade, representative of plaintiffs present.
None for defendant nos.1 and 2.
Amrita Agrawal for defendant no.3 present and and requests for time to argue on NM.
Adv Mrs Rawade for defendant no.4/ MCGM present.
Time is granted till next date.
Adjd. To 26/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Adv. Mr Harish Pawar for plaintiff present.
None for defendant nos.1 and 2.
Adv. Mr. Ajit Karwande i/b Adv. Mr. Chetan Jaiswal and Adv. Ms. Amrita Agrawal for defendant no.3 present.
Adv Mrs Rawade for defendant no.4/ MCGM present.
K.B. L.O.
Same appearance.
Matter is adjd to 18/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Adv. Mr Harish Pawar for plaintiff present.
None for Defendant nos.1 and 2.
Adv. Ajit Karwande with Adv. Chetan Jaiswal with Adv. Amrita Agrawal for defendant no.3 present.
Adv Mrs Rawade for defendant no.4/ MCGM present.
K.B. L.O.
Same appearance.
Heard Ld. advocates for Plaintiff, Defendant No.3 and Defendant No.4/MCGM.
Matter is adjd to 25/11/2021 for order on NM No. 1496/2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv. Nikhil Tapal h.f. Adv. Mr Harish Pawar for plaintiff present.
None for Defendant nos.1 and 2.
Adv. Agrawal for defendant no.3 present.
Adv Mrs Rawade for defendant no.4/ MCGM present.
This Court is busy in hearing urgent matters of CR.8 and CR.11. Hence, matter is adjourned till next date.
Matter is adjd to 27/11/2021 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Adv. P. R. Tiwari h.f. Adv. Harish Pawar for Plaintiff present.
None for Defendant Nos. 1 to 4.
F.R.S.R. following order is passed on Notice of Motion No.1496 of 2021 -
ORDER
1. The prayer clause (a) in terms of Notice Motion No.1496 of 2021 stands rejected.
2. Notice of Motion No. 1496 of 2021 disposed off accordingly.
Matter is adjd to 14/12/2021 for hearing on NM No. 1624/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv Pawankumar Tiwari h/f Adv Harish Pawar for plaintiff present.
None for defendant nos.1 and 2.
Adv Amrita Agrawal for defendant no.3 present and requests for time to argue on NM.
Time is granted till next date.
Adv Mrs Rawade for defendant no.4/ MCGM present.
Adjd. To 18/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Adv Harish Pawar for plaintiff present and tendered list of RAE suits filed by defendant no.3 in the Small Causes Court at Mumbai. TOR and marked as Exh.46. He also tendered list of documents of plaintiffs above named. TOR and marked as Exh.47.
None for defendant  nos.1 and 2.
Adv Amrita Agrawal with Adv Karvande for defendant no.3 present.
Adv Mrs Rawade for defendant no.4/ MCGM present.
Adjd. To 04/01/2022 at 12.30 p.m. for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: AT 12.30 P.M.
Adv Pawankumar Tiwari h/f Adv Harish Pawar for plaintiff present and states that Adv Pawar is busy in another Court, hence requests to keep back the matter upto 2.45 p.m.
None for defendant nos.1 and 2.
Adv Miss Amrita Agrawal h/f Adv Chetan Jaiswal and Adv Karwande for defendant no.3 present.
Adv Khandagale h/f Adv Rawade for defendant no.4  / MCGM present.
K.B.
L.O. at 2.50 p.m.
Adv Pawankumar Tiwari h/f Adv Harish Pawar for plaintiff present.
None for defendant nos.1 and 2.
Adv Chetan Jaiswal with Adv Karawande for defendant no.3 present and tendered rejoinder in NM 1624/2020. Copy is supplied to advocate for plaintiff and advocate for defendant no.4/ MCGM.
Adv Khandagale h/f Adv Rawade for defendant no.4  / MCGM present.
K.B.
L.O. at 5.00 p.m.
Adv Harish Pawar for plaintiff present.
None for defendant nos.1 and 2.
Adv Chetan Jaiswal with Adv Karawande for defendant no.3 present.
Adv Khandagale h/f Adv Rawade for defendant no.4  / MCGM present.
Heard Ld Adv for defendant no.3 on NM NO.1624/2020.
Adjd. To 18/01/2022 for further argument on NM NO.1624/2020.
Next Purpose: NM  P.H.
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd to 03/02/2022 for further argument on NM NO.1624/2020.
Next Purpose: NM  P.H.
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd to 15/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Adv Harish Pawar for plaintiff present
None for defendant nos. 1and 2.
Adv Chetan Jaiswal for defendant no.3 present.
Adv Mrs Rawade for defendant no.4/ MCGM present.
K.B.
L.O.
Same appearance.
Due to paucity of time, this matter is adjourned till next date.
Adjd. to 10/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Adv Pawankumar Tiwari for plaintiff present.
None for defendant nos.1 and 2.
Adv Chetan Jaiswal for defendant no.3 present.
Adv Mrs Smita Chavan h/f Adv Rawade for defendant no.4 / MCGM present.
NM is already partly heard. This is a High Court expatiated suit hence NM be kept for NM hearing / dismissal.
Adjd. To 17/03/2022 for NM hearing / dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Adv Pawankumar Tiwari h.f. Adv. Harish Pawar for plaintiff present.
None for defendant nos.1 and 2.
Adv Amrita Agarwal for defendant no.3 present.
Adv Rawade for defendant no.4 / MCGM present.
K.B.
L.O. at. 3.50 p.m.
Adv. Redekar h.f. Adv. Harish Pawar for Plaintiff present and seeks time to argue on NM. Time is granted till next date as a last chance.
Adjd. To 21/03/2022 at. 11.30 a.m. for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: AT 11.30 A.M.
Adv Harish Pawar with Adv Pawankumar Tiwari for plaintiff present.
None for defendant nos.1 and 2.
Adv Amrita Agarwal for defendant no.3 present.
Defendant no.3 is also present.
Adv Rawade for defendant no.4 / MCGM present.
Adjd. To 31/03/2022 at 2.45 p.m. for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: None for plaintiff.
None for defendant nos.1 and 2.
Adv Chetan Jaiswal for defendant no.3 present.
Adv Rawade for defendant no.4 / MCGM present.
K.B.
L.O. at 4.00 p.m.
Adv Harish Pawar for plaintiff present.
None for defendant nos.1 and 2.
Adv Chetan Jaiswal for defendant no.3 present.
Adv Rawade for defendant no.4 / MCGM present.
Heard both sides on NM NO.1624/2020.
Adjd. To 16/04/2022 for order on NM NO.1624/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: Adv Pawankumar Tiwari for plaintiff present.
None for defendant nos.1 to 3.
None for defendant no.4 / MCGM.
Due to paucity of time, matter is adjourned till next date.
Adjd. To 21/04/2022 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Adv Pawankumar Tiwari h/f Adv Harish Pawar for plaintiff present.
None for defendant nos.1 and 2.
Adv Mane h/f Adv Chetan Jaiswal for defendant no.3 present.
Adv Rawade for defendant no.4 / MCGM present.
K.B. for order on NM NO.1624/2020.
L.O.
Due to paucity of time, matter is adjourned till next date.
Adjd. To 22/04/2022 for order on NM NO.1624/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Adv Pawankumar Tiwari h/f Adv Harish Pawar for plaintiff present.
None for defendant no.1 and 2.
Adv Janhavi Mane h/f Adv Chetan Jaiswal for defendant no.3 present.
Adv Mrs Tondwalkar for defendant no. 4/ MCGM is present.
F.R.S.R. Following order is passed on NM NO.1624/2020
ORDER
1. Prayer clause (a) of Notice of Motion No.1624 of 2020 in L.C. Suit No.5035/2004 is allowed and made absolute.
2. The defendant / MCGM be restrained from alienating the suit property or create any third party till disposal of the suit.
3.  Notice of Motion No.1624 of 2020 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 22-04-2022

Additional Case Details

Additional Case Details
Filing Number: 105507/2020
Filing Date: 06-11-2020
First Hearing Date: 10th December 2020
Decision Date: 22nd April 2022
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
22 Apr 2022

Order Details: Notice of Motion Pdf Text: N/M 1624/2020 IN SU 5035/2004 1 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. NOTICE OF MOTION NO.1624 OF 2020 (CNR NO.MHCC010050332020) IN L.C. SUIT NO.5035 OF 2004 (CNR NO.MHCC010033122004) Mr. Amritlal Narshibhai Shah and Ors. ]... Plaintiff Versus M/s. Prince Enterprises and Ors. ]...Defendants Adv Harish Pawar for plaintiff None for defendant No.1 and 2. Adv. Chetan Jaiswal for defendant No.3 Adv. Rawade for defendant No.4 / MCGM CORAM :…

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