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NOTICE OF MOTION

Mr. Kailash Firturam Jaiswal +2 moreVsAsst. Municipal Commissioner

CNR MHCC0100545720185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 12th June 2019

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101657/2018
Registration Date
23 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1Mr. Kailash Firturam Jaiswal
    2. 2Mr. Gulabchand Dalsingar Jaiswal
    3. 3Mr.Pappu Jaiswal

    Respondent

    1. 1Asst. Municipal Commissioner

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 25-04-2018
Business: Resumed.
Adv. R.S. Tripathi for plaintiff tendered registered NM No. 1657/2018 with affidavit.  Adv. Patil for BMC seeks time to file reply.
Adjd. For reply and arguments on ad-interim relief to 02.05.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-05-2018

Date: 02-05-2018
Business: Resumed.
Adv. Tripathi for plaintiff and Adv. Patil for BMC are present.  Adv. Patil seeks time to file reply.
Adjd. for reply and argument on ad-interim reliefs to 04.05.2018.
Next Purpose: REPLY
Next Hearing Date: 04-05-2018

Date: 04-05-2018
Business: According to her on 10.11.2015, a meeting was held and accordingly directions are issued by the defendant, by issuing notice to the plaintiffs on 11.01.2016.   On going through copy of said notice it appears that the plaintiffs were directed to stop the pony ride at Cooperage garden.  It also appears that the said notice is served on the plaintiffs.  The copies of receipts filed by the plaintiffs prima facie show that miscellaneous fees were accepted by the defendant from the plaintiffs for the year 2014-15 and 2015-16 for pony ride at Band stand.  The Ld. Adv. For the plaintiffs submits that these receipts are the licenses for the plaintiffs to do the business of pony ride.  However, prima facie the same cannot be termed as licenses.  In the circumstance at ad-interim stage the intervention of this court is not warranted.
  An ordinary copy of this order duly authenticated by Sheristedar of this Court be supplied to both the parties.
Adjd for reply and arguments on NM to 18.06.2018
Next Purpose: REPLY
Next Hearing Date: 18-06-2018

Date: 18-06-2018
Business: Resumed.
The P.O. is on leave, hence board is discharged.
Adjd for NM reply  to 11.07.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2018

Date: 11-07-2018
Business: The P.O. is busy in hearing of NM No.1891/2011 in Suit No. 1746/2011 and orders on NM No. 423/2017 and 422/2017 in Suit No.1400/2008 and 1396/2008 respectively.   For want of time the board is discharged.
Adjd for NM reply to 08.08.2018
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2018

Date: 08-08-2018
Business: Resumed.
The P.O. is on leave.
Adjd for NM reply rejoinder to 19.09.2018
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-09-2018

Date: 19-09-2018
Business: Resumed.
The P.O. is busy in hearing arguments on NM No. 1515/2014 in Suit No. 2721/2010 and part heard arguments of NM in Suit No. 2179/2017 to 2181/2017  and other sister suit.  For want of time the board is discharged.
Adjd for NM reply to 01.10.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2018

Date: 01-10-2018
Business: Resumed.
The P.O. is busy in hearing arguments in NM No. 3075/2011  in Suit No. 3003/2011 and order in NM No. 3180/2018 in Suit No. 441/2017.  For want of time the board is discharged.
Adjd for NM reply to 31.10.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-10-2018

Date: 31-10-2018
Business: Resumed.
The P.O. is busy in hearing arguments on NM in Suit No. 2770/2010 and other sister suits.
For want of time the board is discharged.
Adjd for NM reply to 14.12.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2018

Date: 14-12-2018
Business: Resumed.
The P.O. is on leave.
Adjd for NM reply rejoinder to 30.01.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2019

Date: 30-01-2019
Business: Resumed.
None for plaintiff.  Adv. Ms. Patil h/f Adv. Pradip Patil for MCGM is present.
The reply of MCGM is already on record.
Adjd for NM arguments to 22.03.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-03-2019

Date: 22-03-2019
Business: Plaintiff and advocate absent.
Adv.Mr.Patil for defendant/MCGM present.
Matter adjd to 12.06.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-06-2019

Date: 22-03-2019
Business: Plaintiff and advocate absent.
Adv.Mr.Patil for defendant/MCGM present.
Matter adjd to 12.06.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Plaintiff and his advocate absent.
Adv. Mrs. Tondwalkar for defendant /MCGM present.
plaintiff and his advocate absent. The Notice of Motion is not procecuted by plaintiff. The Notice of Motion no.1657/18 is dismissed for want of prosecution.
Adjd. to 10.07.2019  for written statement.
Nature Of Disposal: DISMISSED
Disposal Date: 12-06-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 106004/2018
Filing Date: 23-04-2018
First Hearing Date: 25th April 2018
Decision Date: 12th June 2019
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    12 Jun 2019
    Order Details: Other
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101657/2018
1. Mr. Kailash Firturam Jaiswal 2. Mr. Gulabchand Dalsingar Jaiswal 3.Mr.Pappu Jaiswal Vs Asst.
Municipal Commissioner
Date : 12-06-2019
Business : Plaintiff and his advocate absent. Adv. Mrs. Tondwalkar for
defendant /MCGM present. plaintiff and his advocate
absent. The Notice of Motion is not procecuted by plaintiff.
The Notice of Motion no.1657/18 is dismissed for want of
prosecution. Adjd. to 10.07.2019 for written statement.
Nature of Disposal : DISMISSED
Disposal Date : 12-06-2019
COURT 5 ADDL SESSIONS JUDGE
-- 1 of 1 --
    Order 1
    12 Jun 2019
    Order Details: Other
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101657/2018
1. Mr. Kailash Firturam Jaiswal 2. Mr. Gulabchand Dalsingar Jaiswal 3.Mr.Pappu Jaiswal Vs Asst.
Municipal Commissioner
Date : 12-06-2019
Business : Plaintiff and his advocate absent. Adv. Mrs. Tondwalkar for
defendant /MCGM present. plaintiff and his advocate
absent. The Notice of Motion is not procecuted by plaintiff.
The Notice of Motion no.1657/18 is dismissed for want of
prosecution. Adjd. to 10.07.2019 for written statement.
Nature of Disposal : DISMISSED
Disposal Date : 12-06-2019
COURT 5 ADDL SESSIONS JUDGE
-- 1 of 1 --

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