Skip to main content
NOTICE OF MOTION

Mohammed Imran Gulam Mohd. Gujarati +1 moreVsMCGM +1 more

CNR MHCC0100554020185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHERWISE
Decision Date: 09th April 2019

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101673/2018
Registration Date
24 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 03-05-2018
    Business: Resumed.
    None for plaintiff when called out.  Adv. Choudhary with Adv. Dhumale for BMC are present.
    Adv. Choudhary seeks time to take necessary steps in the matter.
    Adjd for reply/w.s. /steps to 10.07.2018.
    Next Purpose: REPLY
    Next Hearing Date: 10-07-2018
    
    Date: 10-07-2018
    Business: Resumed.
    Adv. A.R. Pande for plaintiff tendered registered NM No. 1673/2018 with affidavit.
      Adv. Choudhary with Adv. Dhumale for MCGM seeks time for filing reply/w.s. Time is granted as last chance.
    Adjd for reply/w.s. to 21.08.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-08-2018
    
    Date: 21-08-2018
    Business: Resumed.
    Adv. Rajnish Dubey for plaintiff is present.
    Adv. Choudhari for with Adv. Dhumale for MCGM seeks time to file reply.  Granted as last chance.
    Adjd for NM reply to 11.09.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-09-2018
    
    Date: 11-09-2018
    Business: Resumed.
    Adv. A. R. Pande for plaintiff and Adv. Choudhari with Adv. Dhumale for MCGM are present.
    Adv. Choudhari filed reply to NM.
    Matter adjd for NM arguments to 11.10.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-10-2018
    
    Date: 11-10-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd for NM arguments to 16.10.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-10-2018
    
    Date: 16-10-2018
    Business: Resumed.
    Adv. A. A. Pande for plaintiff and Adv. Bharat Choudhari for MCGM are present.
    Adv. Dhumale for MCGM is absent.
    Adjd for NM arguments to 23.10.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-10-2018
    
    Date: 23-10-2018
    Business: Resumed.
    Adv. A. R. Pande for Plaintiff and Adv. Bharat Choudhary with Adv. Dhumale for MCGM are present.
    Heard, respective advocates.  Perused the motion, affidavit in reply and the orders dtd. 03.03.2018 and 13.04.2018 as well as the nature of the suit as a whole, which is based on an apprehension and instituted prior to passing the final order by the concern designated officer.  In the circumstance when a notice u/s 351 of MMC Act has been issued and the plaintiff has replied the same and immediately filed the suit, the defendant may pass necessary final order and communicate the plaintiff well in advance.
       An ordinary copy of this order duly authenticated by Sheristedar of this Court be supplied to both the parties.
    Adjd for arguments on NM to 01.12.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 01-12-2018
    
    Date: 01-12-2018
    Business: Resumed.
    Adv. Rajnish Dubey h/f Adv. A. R. Pande for plaintiff and Adv. Bharat Choudhari with Adv. Dhumale for MCGM are present.
    Adv. Choudhari submits that the defendant corporation will follow the further procedure u/s 351 and will pass final order and communicate the same to the plaintiff as directed in the judgment of Sopan Maruti Thopte vs. MCGM.  He also prays for time to seek further instructions in the matter.
    Adjd for arguments on NM to 17.01.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-01-2019
    
    Date: 17-01-2019
    Business: Resumed.
    Adv. Rajnish Dubey for plaintiff and Adv. Dhumale with Adv. Bharat Choudhari for MCGM are present.
    Adv. Choudhari filed reply to NM No. 1673/2018.  Copy served on plaintiff.
    Adjd for NM arguments to 07.02.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-02-2019
    
    Date: 07-02-2019
    Business: Resumed.
    Adv. Rajnish Dubey for plaintiff and Adv. Bharat Choudhari with Adv. Dhumale for MCGM are present.
    Adv. Dubey submits that he will seek necessary instructions for disposal of the suit/NM as the defendant has already started action u/s 351 of MMC Act and also to keep plaintiff present.
    Adjd for NM arguments to 12.02.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-02-2019
    
    Date: 12-02-2019
    Business: Resumed.
    Adv A.A. Pande for plff and Adv Choudhary with Adv Dhumale for MCGM are present.
    Adv Pande seeks time on the ground that Adv A.R.Pande is not keeping well. On last date the matter was adjourned only for the submission of adv Pande on the point of tenability of the suit and accordingly short date was given. Considering, the personal difficulty of the adv of plff. Time is granted as last chance.
    Adjd for NM hearing to 28-02-2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 28-02-2019
    
    Date: 12-02-2019
    Business: Resumed.
    Adv A.A. Pande for plff and Adv Choudhary with Adv Dhumale for MCGM are present.
    Adv Pande seeks time on the ground that Adv A.R.Pande is not keeping well. On last date the matter was adjourned only for the submission of adv Pande on the point of tenability of the suit and accordingly short date was given. Considering, the personal difficulty of the adv of plff. Time is granted as last chance.
    Adjd for NM hearing to 28-02-2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Business: Adv. A. R. Pande for plaintiff present.
    Adv. Dhumale with Adv. Choudhari for MCGM present.
    As court busy in dictating judgment in Suit no. 1307 of 2013. Hence board is discharged.
    Matter adjd. to 14.3.19 for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Adv.Mr.A.R.Pande for plaintiff present.
    Adv.Mr.Dhumale a/w. Adv.Mr.Bharat Chaudhari for defendant/MCGM present.
    NM No.1673/18 is pending for hearing.
    Matter adjd to 04.04.2019 for NM Hearing.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-04-2019
    
    Date: 14-03-2019
    Business: Adv.Mr.A.R.Pande for plaintiff present.
    Adv.Mr.Dhumale a/w. Adv.Mr.Bharat Chaudhari for defendant/MCGM present.
    NM No.1673/18 is pending for hearing.
    Matter adjd to 04.04.2019 for NM Hearing.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-04-2019
    
    Date: 04-04-2019
    Business: Adv.A.A. Pande for plaintiff present.
    Adv.Bharat Chaudhari a/w. Adv.Shri Dhumale for defendant/MCGM present.
    Heard both the sides.
    Matter adjd to 09.04.2019 for Order on NM.
    Next Purpose: ORDER
    Next Hearing Date: 09-04-2019
    
    Date: 04-04-2019
    Business: Adv.A.A. Pande for plaintiff present.
    Adv.Bharat Chaudhari a/w. Adv.Shri Dhumale for defendant/MCGM present.
    Heard both the sides.
    Matter adjd to 09.04.2019 for Order on NM.
    Next Purpose: ORDER
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: Adv.Mr.A.R.Pande for plaintiff present.
    Adv.Mr.Bharat Chaudhari a/w. Adv.Mr.Dhumale for defendant/MCGM present.
    F.R.S.R. the following order is passed
             ORDER ON NM 1673/18
    1. The Notice of Motion No.1673/2018 stands disposed of.
    2. The defendant corporation to pass orders on the notice under Section 351 of MMC Act issued to the plaintiff after considering the reply and the documents.
    3. The defendant Corporation not to act upon the order for 10 days in case of adverse orders against plaintiff from the date of order.
    4. The Notice of Motion stand disposed of.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 09-04-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 106060/2018
    Filing Date: 24-04-2018
    First Hearing Date: 03rd May 2018
    Decision Date: 09th April 2019
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    09 Apr 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 1673-18 in Suit No. 1062-18 CNR NO.MHCC0100915315 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 1673 OF 2018 IN L.C. SUIT NO. 1062 OF 2018 Mohammed Imran Gulam Mohd.Gujarati & Anr. ....Plaintiffs Versus The Municipal Corporation of Greater Mumbai & Anr. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 09th April, 2019. Appearance: Ld. Adv. Mr. A.R. Pande…

    Read Full Order
    Order 1Full order available
    09 Apr 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 1673-18 in Suit No. 1062-18 CNR NO.MHCC0100915315 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 1673 OF 2018 IN L.C. SUIT NO. 1062 OF 2018 Mohammed Imran Gulam Mohd.Gujarati & Anr. ....Plaintiffs Versus The Municipal Corporation of Greater Mumbai & Anr. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 09th April, 2019. Appearance: Ld. Adv. Mr. A.R. Pande…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.