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NOTICE OF MOTION

Kishor Kirtilal Mehta - Suit Stamp No.5595 of 2018VsMs Phoenix ARC Pvt Ltd And Ors

CNR MHCC01005776201831-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 24th September 2018

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101761/2018
Registration Date
27 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: 27-04-2018
    Business: Adv. Dalal for plff present.
    Adv. Gupta for deft present.
    Registered NM No.1761/18 tendered by plff.
    Reply tendered by deft.no.1.
    Heard argument of  both sides.
    Adj for order on NM to 02.05.2018.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-05-2018
    
    Date: 02-05-2018
    Business: Adv. Gawade for plff present.
    Adv. Prabhu for deft.no.3,4,6 present.
    Ex.  V/n filed by deft.no.3,4,6 t.o.r.
    K.B.
    L.O.
    Adv. Rajani for deft.no.1 present.
    As Court is busy in dictating judgment in Suit No. 4518/11, hence adj for order on NM to 03.05.2018.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-05-2018
    
    Date: 03-05-2018
    Business: Adv. Dalal for plff present.
    Deft and Adv absent.
    FRSR following order is passed below Exh.1.
    ORDER
    1.Preliminary issues as regards jurisdiction of this court to try and entertain present suit is framed..
    2. Parties are directed to lead evidence, if any on preliminary issued.
    3. Till the decision on preliminary issue hearing on notice of motion no. 1761/2018 is kept pending.
    4. Request of granting protection contemplated under sec 9A(2) of CPC is hereby rejected.
    Adj for hearing on preliminary issue to considering urgency, sheristedar is permitted to issue authenticated copy of order.
    L.O.
    Adv. Shobha Chavan for deft present.
    Exh. B- Appln. for stay filed by pltff.
    O- Other side to say.
    K.B.
    L.O.
    Adv Meenakshi for deft present.
    Say endorsed by deft on appln. Exh. B
    F.R.S.R. following order is passed  below Exh. B.
    ORDER
    1. The execution and operation of order dtd. 3.5.2018 below Exh. 1 is stayed till 5.5.2018
    2. This order will not affect the process of acceptance of online bids till 4.30 p.m. of 4.5.2018
    Adj to 25.6.2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 25-06-2018
    
    Date: 25-06-2018
    Business: Both the parties and adv absent.
    Matter adjd to 25.7.2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 25-07-2018
    
    Date: 25-07-2018
    Business: Adv. for pltff  absent.
    Adv. Nikhil for deft. present.
    Draft N/M tendered by deft.
    Order- Leave is granted for registration.
    Matter adjd to 12.9.2018 for Notice of motion.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-08-2018
    
    Date: 14-08-2018
    Business: Adv. Dalal a/w adv S. Dhumatkar I/b. Jayesh Gawde for plff present. Adv. Razani for deft no.1 present. NM no.2909/18 tendered by plff. with the consent of both the parties matter adjd to 30.08.2018 for N/M hearing at 2.45 p.m.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-08-2018
    
    Date: 30-08-2018
    Business: Adv. Dalal for pltff  present.
    Adv. Rohit Gupta for deft no.1. present.
    Affidavit of reply to NM 2909/18 filed by Deft no.1. t.o.r.
    Registered NM 3261/18 tendered by the Deft no.1.
    Adv. Dalal submitted that, he needs two weeks time to file Rejoinder to reply in NM 1761/18.
    The court in inclined disposed of the motion of merit as per direction of Hon\''ble High court. But considering the time require for he Plff to file his reply no interim protection can be granted in NM 2909/18. as the prayer in NM 1761/18 and NM  2909/18 is more or less similar in nature.
    Matter adjd to 17/09/2018 NM 1761/18 and NM 2909/18 for hearing at. 2.45p.m.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-09-2018
    
    Date: 17-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 18-09-2018
    
    Date: 18-09-2018
    Business: Adv. Dalal  for pltff  present.
    Adv. Rohit Gupta for deft. no. 1 present.
    Heard argument of  deft no. 1  and pltff.
    Matter adjd to 21.9.2018 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 21-09-2018
    
    Date: 21-09-2018
    Business: Court in on leave.
    Next Purpose: ORDER
    Next Hearing Date: 24-09-2018
    
    Date: 24-09-2018
    Business: Adv. Jayesh Gawade for pltff  present.
    Adv. Jyoti Sanap for deft.  no. 1 present.
    F.R.S.R. following order is passed.
          ORDER
    Notice of Motion No. 1761/18 is dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 24-09-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 106310/2018
    Filing Date: 27-04-2018
    First Hearing Date: 27th April 2018
    Decision Date: 24th September 2018
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    24 Sept 2018

    Order Details: Notice of Motion Pdf Text: : 1 : Notice of Motion No.1761 of 2018 CNR No.MHCC010057762018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1761 OF 2018 IN S.C. SUIT ( STAMP) NO. 5595 OF 2018 Kishor Kirtilal Mehta .. Plaintiff. Versus Phoenix ARC Private Limited and Ors. .. Defendants Appearance Ld. Advocate Dalal for plaintiff. Ld. Advocate Rohit Gupta for defendant no. 1. CORAM : HIS HONOUR JUDGE SHRI ANAND L. YAWALKAR (COURT ROOM…

    Read Full Order
    Order 1Full order available
    24 Sept 2018

    Order Details: Notice of Motion Pdf Text: : 1 : Notice of Motion No.1761 of 2018 CNR No.MHCC010057762018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1761 OF 2018 IN S.C. SUIT ( STAMP) NO. 5595 OF 2018 Kishor Kirtilal Mehta .. Plaintiff. Versus Phoenix ARC Private Limited and Ors. .. Defendants Appearance Ld. Advocate Dalal for plaintiff. Ld. Advocate Rohit Gupta for defendant no. 1. CORAM : HIS HONOUR JUDGE SHRI ANAND L. YAWALKAR (COURT ROOM…

    Read Full Order

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