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NOTICE OF MOTION

Suryavanshi Organization Suit Stamp No.4542 of 2018VsState Bank Of India and Ors.

CNR MHCC01005455201831-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 10th October 2019

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101654/2018
Registration Date
23 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: 24-04-2018
    Business: Adv. Devang Parmar for plff present.
    Adv. Modi for deft.no.1 present.
    Registered NM No.1654/17 tendered by plff.
    Reply to NM filed by deft.no.1.
    While assigning this suit to this Court, Plff is directed to remove office objection by showing the maintainability and jurisdiction of this Court. Hence both the parties are directed to argue on the points of maintainability, jurisdiction and on NM.
    Adj for hearing on NM to 25.04.2018 at 4.30pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2018
    
    Date: 25-04-2018
    Business: Adv. Parmar for plff present.
    Adj for NM hearing to 26.04.2018 at 4.30pm.
    L.O.
    Mr.Kokate, Officer from State Bank of India present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2018
    
    Date: 26-04-2018
    Business: Adv. Heena Modi for deft.no.1 to 3 present.
    Plff and Adv absent.
    K.B.
    L.O. at 5.05pm.
    Adv. Devang Parmar for plff present.
    Affidavit in rejoinder to NM No.1654/18 tendered by plff.
    As Court is busy in recording evidence in HCTB S.C.483/16 and in old suits, hence adj for hearing on NM to 27.04.2018 at 4.30pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2018
    
    Date: 27-04-2018
    Business: Adv. Nedumpara for plaintiff present.
    Adv. Neena Modi for defendant
    Heard argument of plaintiff and defendant.
    Adj for order to 05.05.2018.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-05-2018
    
    Date: 05-05-2018
    Business: Both parties and Adv. are absent.
    K.B.
    L.O.
    Today, suit is on the stage of passing order on the point of maintainability of the suit. However, court is busy in judgment in suit no.1346/06,8737/92,7735/09 hence adjourned for order on maintainability. Adjd to 06/06/2018 for order on maintainability of the suit.
    Next Purpose: ORDER
    Next Hearing Date: 06-06-2018
    
    Date: 06-06-2018
    Business: Adv. for pltff  absent.
    Adv. Heena Modi  for deft. no. 1 to 3  present.
    Matter adjd to 21.6.2018 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2018
    
    Date: 01-08-2018
    Business: Adv. Mahamuni for pltff present.
    Matter adjd to 3.8.2018 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    Business: Adv. Mahamuni for pltff present.
    Matter adjd to 28.8.2018 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2018
    
    Date: 28-08-2018
    Business: Adv.  Mahamuni for pltff  present.
    Adv. for deft. absent.
    Matter adjd to 6.9.2018 for hearing.
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2018
    
    Date: 06-09-2018
    Business: Adv. Mahamuni for pltff  present.
    L.O.
    Adv. Mathews Nedumpara for pltff  present.
    Matter adjd to 4.10.2018 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2018
    
    Date: 04-10-2018
    Business: Adv. Mahamuni  for pltff  present.
    Adv. for deft. absent.
    Matter adjd to 5.12.2018 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-12-2018
    
    Date: 05-12-2018
    Business: Adv.  Mahamuni  for pltff  present.
    Adv. for deft. absent.
    Matter adjd to 30.1.2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2019
    
    Date: 30-01-2019
    Business: Adv. Shashikala Mahamuni for pltff  present.
    Adv. for deft. absent.
    Matter adjd to 13.3.2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Court is on leave
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-03-2019
    
    Date: 29-03-2019
    Business: Court is on leave
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: None present.
    Matter is adjd.for NM hearing on 24.07.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: None present.
    On perusal of Roznama adv. Ms. Mahamuni for plff was present on some dates. However, no steps are taken to served copy of NM to defts 2 to 7.
    Deft no.4 is ld C.M.M., deft no.5 is Senior P.I. of Chembur police station, deft no.5 is the Governor of RBI and deft no7 is chief secretary of State of Maharashtra.
    Since 18 months no steps obtained to comply office objection.  The detail reply of deft no.1 is on record.  It appear plff is intentionally avoiding to argue on NM as well as comply office objections.
    Hence, NM and suit be posted for dismissal on 30.07.2019.
    Matter is adjd. for dismissal on 30.07.2019.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: None present.
    Matter is adjd. for dismissal on 10.10.2019.
    Next Purpose: DISMISSAL
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: None present.
    It is specifically observed in roznama dt. 24.07.2019 that no steps on behalf of plaintiff since 18 months and it was posted for dismissal. Thereafter on 30.07.2019 none present on behalf of plaintiff. It clearly indicate disinterest of plaintiff. Defendant no. 4 is Chief M.M. , Deft no. 5 is Govt. servant, Deft. no. 6 State of Maharashtra. There is no notice u/s  80 of C.P.C. The action under SARFAESI challenged by plaintiff. Primafacie this court don\''t have jurisdiction.  N.M. No. 1654/2018 is dismissed along with Stamp No. 4542/2018.
    (Suit be registered for statistical purpose and entry in record room.)
    Nature Of Disposal: DISMISSED
    Disposal Date: 10-10-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 105967/2018
    Filing Date: 23-04-2018
    First Hearing Date: 24th April 2018
    Decision Date: 10th October 2019
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    10 Oct 2019
    Order Details: Notice of Motion
    Pdf Text: IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101654/2018
    Suryavanshi Organization Suit Stamp No.4542 of 2018 Vs State Bank Of India and Ors.
    Date : 10-10-2019
    Business : None present. It is specifically observed in roznama dt.
    24.07.2019 that no steps on behalf of plaintiff since 18
    months and it was posted for dismissal. Thereafter on
    30.07.2019 none present on behalf of plaintiff. It clearly
    indicate disinterest of plaintiff. Defendant no. 4 is Chief
    M.M. , Deft no. 5 is Govt. servant, Deft. no. 6 State of
    Maharashtra. There is no notice u/s 80 of C.P.C. The action
    under SARFAESI challenged by plaintiff. Primafacie this
    court don&amp#039t have jurisdiction. N.M. No.
    1654/2018 is dismissed along with Stamp No. 4542/2018.
    (Suit be registered for statistical purpose and entry in record
    room.)
    Nature of Disposal : DISMISSED
    Disposal Date : 10-10-2019
    COURT 31 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Order 1
    10 Oct 2019
    Order Details: Notice of Motion
    Pdf Text: IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101654/2018
    Suryavanshi Organization Suit Stamp No.4542 of 2018 Vs State Bank Of India and Ors.
    Date : 10-10-2019
    Business : None present. It is specifically observed in roznama dt.
    24.07.2019 that no steps on behalf of plaintiff since 18
    months and it was posted for dismissal. Thereafter on
    30.07.2019 none present on behalf of plaintiff. It clearly
    indicate disinterest of plaintiff. Defendant no. 4 is Chief
    M.M. , Deft no. 5 is Govt. servant, Deft. no. 6 State of
    Maharashtra. There is no notice u/s 80 of C.P.C. The action
    under SARFAESI challenged by plaintiff. Primafacie this
    court don&amp#039t have jurisdiction. N.M. No.
    1654/2018 is dismissed along with Stamp No. 4542/2018.
    (Suit be registered for statistical purpose and entry in record
    room.)
    Nature of Disposal : DISMISSED
    Disposal Date : 10-10-2019
    COURT 31 ADDL SESSIONS JUDGE
    -- 1 of 1 --

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