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NOTICE OF MOTION

Dosu Ardeshir Bhiwandiwalla +1 moreVsTHE BOARD OF TRUSTEES OF THE PORT OF MUMBAI

CNR MHCC0100506320194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 16th October 2019

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101787/2019
Registration Date
16 May 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-06-2019
    Business: (R and P not before the court)
    Adv. for appellant present and has tendered register NM  No. 1787/19 alongwith affidavit. TOR.
    Adv for respondents present and has filed reply in NM No. 1787/19.
    As court busy in hearing time bound Misc appeal 114/19 to 130/19. Hence board is discharged.
    Matter is adjd. to. 09/08/2019  for NM Reply Rejoinder.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: By precipe
    Adv. Kunal Bhange for appellant present.
    Adv. for respondent present.
    Heard the parties. The appeal was dismissed and appellant has filed restoration application and it is pending and the next date is 09/08/2019. The ld advocate for appellant submits that respondents are proceeding to execute the impugned order, and therefore interim protection may be granted. The ld advocate of the respondent submits that the execution is going on and therefore he is unable to say whether the process of taking possession is over or not. In view of this and in view that till the restoration application is decided some protection is required to be granted to the appellant. Hence it is directed that if till now i.e at 3.00 pm today the possession of enquiry premise has not been taken away from the appellant, the respondent shall not execute the impugned order till next date. Parties to note and their respective advocates are directed to inform this order to their respective  clients telephonically.
    Sheristedar directed to provide authenticated copies to the parties if there request.
    Matter is already adjd. to. 09/08/2019  for Hearing on Restoration.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Adv. Mr. Kunal Bhanage for Appellant present.
    Adv. Mr. Gami for Respondent/MBPT present.
    Mr. Kazi representative of MBPT present.
    Earlier order dated 28/06/2019 is continue till the next date.
    Matter adj. to 09/10/2019 for Hearing on Restoration.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Adv. Kunal Bhange for appellant present.
    Adv. Tulsi for respondent present.
    Heard rival submission on NM No. 1787/19.
    Adjd for Order on NM No. 1787/19 to 16.10.2019.
    E.O.  if any to continue till next date.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: FRSR following order passed in NM 1787/19
    1. The Notice of Motion No.1787 of 2019 is hereby allowed in terms of prayer clause (a) and (b), subject to cost of Rs.2,000/- to be paid by applicants to respondent till next date.
    2.The order dated 04.03.2019 of dismissal of Miscellaneous Appeal No.79/2017 and Stay Application No.56/2017 is set aside, by condoning the delay of 29 days.
    3. After deposit of cost, the aforesaid appeal and stay application be restored to its original stage.
    Nature Of Disposal: ALLOWED
    Disposal Date: 16-10-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 105426/2019
    Filing Date: 16-05-2019
    First Hearing Date: 13th June 2019
    Decision Date: 16th October 2019
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Oct 2019

    Order Details: Notice of Motion Pdf Text: Nbhm,CNR No. MHCC010050632019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1787 OF 2019 IN MISCELLANEOUS APPEAL NO.79 OF 2017 Dosu Ardeshir Bhiwandiwalla & Anr. ...Applicants/ Original Appellants. V/s. The Board of Trustees of the Port of Mumbai ...Respondent. Appearances: Learned Adv. Mr. Akshay Pawar H/f Adv. Vasim Siddiqui for applicants. Learned Adv. Ms. Tulsi Dhami I/b Motiwalla & Co. for respondent. CORAM : HIS HONOUR JUDGE SHRI SANDIPKUMAR C.…

    Read Full Order

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