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SUIT - SHORT CAUSE CIVIL SUIT

Fariyas Hotel Pvt LtdVsDesignated Officer +1 more

CNR MHCC0100503520185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 27th March 2019

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101325/2018
Registration Date
04 Jun 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37 · 38

    Case History / Proceedings

    Case History
    Date: 06-06-2018
    Business: Resumed.
    The P.O. is busy in hearing of Stamp No. 7205/2018, 1235/2018 and 1200/2018 and Suit No. 152/2008 in NM Nos. 1548 of 2016, NM No. 1624 of 2016 and NM No. 1101 of 2017.  For want of time the board is discharged.
    Adjd for directions to 20.07.2018.
                                                                         J
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-07-2018
    
    Date: 20-07-2018
    Business: Adv. Sharma for plaintiff seeks time to file additional affidavit on the ground that the concern deponent is out of India  Adv. Patil strongly objects.  Adv. Sharma undertakes to file affidavit of another director of the company.  Earlier order if any to continue till the next date.
    Adjd for affidavit if any or argument on NM to 23.07.2018
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-07-2018
    
    Date: 23-07-2018
    Business: Resumed.
    The P.O. is busy in delivery of judgment in L.C. Suit No. 2181/2011 and NM No. 1015/2017 in Suit No. 673/2017.  For want of time the board is discharged.
    Adjd for NM arguments to 29.08.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 29-08-2018
    
    Date: 29-08-2018
    Business: Resumed.
    The P.O. is busy in recording evidence in sessions Case No. 589/2017 and hearing of NM No. 698/2018 in Suit No. 402/2018.  for want of time the board is discharged.  Earlier order if any to continue till the next date.
    Adjd for NM arguments to 10.09.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-09-2018
    
    Date: 10-09-2018
    Business: Resumed.
    Adv. Indira Bhushan for plaintiff, Adv. Gajanan Shinde with Adv. Pradeep Patil for MCGM are present.
    Adv. Bhushan seeks time to argue the NM.  Time is granted.
    Earlier order if any to continue till the next date.
    Adjd for NM arguments to 03.10.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Business: Resumed.
    Adv. P.D. Gandhi along with Adv. Indira Bhushan for plaintiff and Adv. Shinde with Adv. Pradip Patil for MCGM are present.
    Heard, Adv. Gandhi and Adv. Shinde on NM No. 1722/2018.
    Earlier order if any to continue till the next date.
    Adjd for NM orders to 22.10.2018.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-10-2018
    
    Date: 22-10-2018
    Business: Resumed.
    None for plaintiff and Adv. Gajanan Shinde with Pradip Patil for MCGM are present.
    F.R.S.R. following order is passed on N/M no. 1722/2018
    ORDER
    1.  The Notice of Motion no. 1722 of 2018 is made absolute in the terms of following directions -
    i)  The plaintiff is directed to comply with the letters dated 10.05.2013 and 15.02.2016 issued by the defendant corporation within a period of 4 weeks i.e. on or before 19.11.2018.
    ii)  Thereafter, the defendant corporation to consider the proposal for regularization within a period of 6 weeks i.e. on or before 05.01.2019, in the light of prevailing rules, regulations and laws.
    iii)  The earlier orders dated 23.04.2018 that the defendant should not take any coercive action against the remaining suit premises and the plaintiff should not carry out any repairs or changes to the suit premises are continued till next date i.e. 07.01.2019.
    iv)  No extension will be granted to either of the parties in respect of the time schedule directed above on any count.
    2.  Parties to bear their own costs of the motion.
    Adjd for written statement to 07.01.2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-12-2018
    
    Date: 22-10-2018
    
    Date: 07-12-2018
    Business: Mentioned by pracipe. NOB. TOB.
    Adv. Indira Bhushan for plaintiff and Adv. Pradip Patil for MCGM are present.
    In order to maintain proper record the following Exh. 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.
    Exh. 6 - Application for extension of time.  O-other side to say.
    Adjd for reply and arguments to 10.12.2018.
    Next Purpose: REPLY
    Next Hearing Date: 10-12-2018
    
    Date: 10-12-2018
    Business: Resumed.
    Adv. Indira Bhushan for plaintiff is present.
    The P.O. is busy in dictating judgment in Suit no. 112/2013 and hearing final arguments in Suit no. 144/2008.  For want of time the board is discharged.
    Earlier order if any to continue till the next date.
    Adjd for reply to 21.12.2018.
    Next Purpose: REPLY
    Next Hearing Date: 21-12-2018
    
    Date: 21-12-2018
    Business: Resumed.
    Adv. Pradip Gandhi for plaintiff and Adv. Pradip Patil with Adv. Gajanan Shinde for MCGM are present.
    The P.O. is busy recording evidence in Sessions Case no. 260/2017.
    Earlier order if any to continue till the next date.
    Adjd for reply to 04.01.2019.
    Next Purpose: REPLY
    Next Hearing Date: 04-01-2019
    
    Date: 04-01-2019
    Business: Resumed.
    Adv. Indira Bhushan for plaintiff and adv. Pradip Patil with Adv. Gajanan Shinde for MCGM are present.
    The P.O. is busy in passing order on NM in Suit no. 410/2017.
    Adjd for arguments on Exh. 6 to 07.01.2019.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-01-2019
    
    Date: 07-01-2019
    Business: Resumed.
    The P.O. is on leave.
    Adjd for Arguments to 16.01.2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-01-2019
    
    Date: 16-01-2019
    Business: Resumed.
    Adv. Indira Bhushan with Adv. P.D. Gandhi for plaintiff and Adv. Pradip Patil with Adv. Gajanan Shinde for MCGM are present.
    FRSR the following order is passed on Exh. 6 -
    ORDER
    1.   The plaintiff is directed to comply with the letters dated 10.05.2013 and 15.02.2016 issued by the defendant corporation before 18.02.2019.
    2.   Thereafter, the defendant corporation to consider the proposal for regularization before 08.04.2019.
    3.  The earlier orders dated 23.04.2018 that the defendant should not take any coercive action against the remaining suit premises and the plaintiff should not carry out any repairs or changes to the suit premises are continued till next date i.e. 15.04.2019.
    4.    No extension will be granted to either of the parties in respect of the time schedule directed above on any count.
    5.  An ordinary copy of this order duly authenticated by Sheristedar of this Court be supplied to both the parties.
    Adjd for compliance to 15.04.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Business: N.O.B.T.O.B.
    Adv.Mr.P.D. Gandhi for plaintiff present and filed application for matter taken on today\''s board. Allowed.
    Adv.Mr.Gajanan Shinde a/w. Adv.Mr.Pradip Patil for defendant/MCGM present.
    Adv.of plaintiff filed application for withdrawal of suit t.o.r.
    O-Defendant Corporation to say.
    Matter adjd to 27.03.2019 for Say on Exh.7.
    Next Purpose: REPLY
    Next Hearing Date: 27-03-2019
    
    Date: 27-03-2019
    Business: Adv.Mr.P.D.Gandhy for plaintiff present.
    Adv.Mr.Gajanan Shinde a/w. Adv.Mr.Patil for defendant/MCGM present.
    The Ld.Adv. for the plaintiff seeks to withdraw the suit. The Ld.Adv.for the Deft. Corporation point out that the Notice U/S.351 is withdrawn. Permission to withdraw the suit granted.
    Suit stands disposed of as withdrawn.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 27-03-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 105502/2018
    Filing Date: 18-04-2018
    First Hearing Date: 06th June 2018
    Decision Date: 27th March 2019
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 2
    27 Mar 2019
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
    Case No. :SUIT/0101325/2018
    Fariyas Hotel Pvt Ltd Vs 1. Designated Officer 2. MCGM
    Date : 27-03-2019
    Business : Adv.Mr.P.D.Gandhy for plaintiff present. Adv.Mr.Gajanan
    Shinde a/w. Adv.Mr.Patil for defendant/MCGM present. The
    Ld.Adv. for the plaintiff seeks to withdraw the suit. The
    Ld.Adv.for the Deft. Corporation point out that the Notice U/
    S.351 is withdrawn. Permission to withdraw the suit granted.
    Suit stands disposed of as withdrawn.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 27-03-2019
    COURT 5 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Interim Order 1Full order available
    16 Jan 2019

    Order Details: Order below exhibit Pdf Text: 1 Order on Exh-6 in L.C.SUIT no.1325-18 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY. ORDER ON EXHIBIT 6 IN L.C. SUIT NO. 1325 OF 2018 (CNR no. MHCC010050352018) Fariyas Hotel Pvt. Ltd. ]..Plaintiff Versus 1. Designated Officer, Asst. Eng. (B&F) A ward 2. M.C.G.M. ]... Defendants Coram : Dr. M. S. Deshpande, Judge (Court Room no. 05) Date : 16th January, 2019. Mr. P. D. Gandhy, advocate for plaintiff. Mr.…

    Read Full Order
    Order 2
    27 Mar 2019
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
    Case No. :SUIT/0101325/2018
    Fariyas Hotel Pvt Ltd Vs 1. Designated Officer 2. MCGM
    Date : 27-03-2019
    Business : Adv.Mr.P.D.Gandhy for plaintiff present. Adv.Mr.Gajanan
    Shinde a/w. Adv.Mr.Patil for defendant/MCGM present. The
    Ld.Adv. for the plaintiff seeks to withdraw the suit. The
    Ld.Adv.for the Deft. Corporation point out that the Notice U/
    S.351 is withdrawn. Permission to withdraw the suit granted.
    Suit stands disposed of as withdrawn.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 27-03-2019
    COURT 5 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Order 1Full order available
    16 Jan 2019

    Order Details: Order below exhibit Pdf Text: 1 Order on Exh-6 in L.C.SUIT no.1325-18 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY. ORDER ON EXHIBIT 6 IN L.C. SUIT NO. 1325 OF 2018 (CNR no. MHCC010050352018) Fariyas Hotel Pvt. Ltd. ]..Plaintiff Versus 1. Designated Officer, Asst. Eng. (B&F) A ward 2. M.C.G.M. ]... Defendants Coram : Dr. M. S. Deshpande, Judge (Court Room no. 05) Date : 16th January, 2019. Mr. P. D. Gandhy, advocate for plaintiff. Mr.…

    Read Full Order

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