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NOTICE OF MOTION

Mrs. Jyotsna Ashok VernekarVsMs. Sunderben Shamji Furia +1 more

CNR MHCC0100617520184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 15th December 2021

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101893/2018
Registration Date
05 May 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 16-07-2018
    Business: Matter adj. for  NM Reply to 09.10.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Business: Matter adj. for NM Hearing to 05.02.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-02-2019
    
    Date: 05-02-2019
    Business: Adj. to 12.4.19 for NM hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-04-2019
    
    Date: 12-04-2019
    Business: Matter adj. for Compliance and NM Hearing to 03.05.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Court is busy in dictating Judgment in suit no.5559/07, hence case is adjourned to 18/11/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: CA of Plaintiff present.
    Defendant no.2 present.
    Case is adjourned to 13/04/2020 for NM for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Adv. K. R. Pachangane for defendant present.
    Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
    Adjd to 17.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2021
    
    Date: 13-01-2021
    Business: Adv. K. R. Pachangane for defendant present.
    Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
    Adjd to 17.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2021
    
    Date: 13-01-2021
    Business: Adv. K. R. Pachangane for defendant present.
    Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
    Adjd to 17.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Adv. Rahul Mestry for plff. present.
    Adv. J. J. Thakkar for deft. present.
    On oral request of Ld. Adv. for plaintiff adjournment granted.
    Adjd. to 09.06.2021  for NM for Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2021
    
    Date: 17-03-2021
    Business: Adv. Rahul Mestry for plff. present.
    Adv. J. J. Thakkar for deft. present.
    On oral request of Ld. Adv. for plaintiff adjournment granted.
    Adjd. to 09.06.2021  for NM for Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2021
    
    Date: 17-03-2021
    Business: Adv. Rahul Mestry for plff. present.
    Adv. J. J. Thakkar for deft. present.
    On oral request of Ld. Adv. for plaintiff adjournment granted.
    Adjd. to 09.06.2021  for NM for Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Business: Plaintiff present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for NM hearing to 14/07/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Nobody present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for NM hearing to 09/09/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: Adv. Rahul Mestry For plaintiff present.
    Adv. Jaydeep Thakkar For defendant present.
    Both the advocates are seeking time.
    Parties are directed to argue on next date failing which NM will be decided without arguments.
    Adjd for NM hearing to 15/12/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 08-11-2021
    Business: Adv. Rahul Mestry For plaintiff present.
    Adv. Jaydeep Thakkar For defendant present.
    Both the advocates are seeking time.
    Parties are directed to argue on next date failing which NM will be decided without arguments.
    Adjd for NM hearing to 15/12/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 08-11-2021
    Business: Adv. Rahul Mestry For plaintiff present.
    Adv. Jaydeep Thakkar For defendant present.
    Both the advocates are seeking time.
    Parties are directed to argue on next date failing which NM will be decided without arguments.
    Adjd for NM hearing to 15/12/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv. Rahul Mestry For plaintiff present.
    Adv. Jaydeep Thakkar For defendant present.
    Adv. For defendant stated that he is not aware of order passed in arbitration petition no. 1021/16 as defendant was not party to the suit.
    Adv. For plaintiff has shown the print out copy of arbitration petition No. 1021/16 wherein consent term is filed to that adv. For defendant stated that there is no specific order for discharge of the Court Receiver.
     The NM No. 1893/18 is filed by defendant in the order in arbitration petition no. 1021 of 2016 there is specific mention that interim order passed by this court stands vacated in view of consent terms. Incase then too defendant desires to proceed then it is for defendant to show the maintainability of notice of motion No. 1893/18
    Now adv. For defendant stated that he wants to withdraw the NM No. 1893/2018.
    ORDER below Notice of motion No. 1893 of 2018
    The Notice of motion is filed by defendant to obtain leave of Honble High Court, Bombay before proceeding further hearing of the present suit and present suit be stayed till leave is obtained from Honble High Court. The Honble High Court is disposed of arbitration petition no. 1021/2016 as per consent terms filed by parties. Therefore the Notice of motion now has become infructuous therefore adv. For defendant stated that he wants to withdraw the notice of motion. Hence notice of motion is disposed of as withdrawn.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 15-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 106797/2018
    Filing Date: 05-05-2018
    First Hearing Date: 16th July 2018
    Decision Date: 15th December 2021
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    15 Dec 2021

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 04 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101893/2018 Mrs. Jyotsna Ashok Vernekar Vs 1.Ms. Sunderben Shamji Furia 2.Mr. Rajesh Shamji Furia Date : 15-12-2021 Business : Adv. Rahul Mestry For plaintiff present. Adv. Jaydeep Thakkar For defendant present. Adv. For defendant stated that he is not aware of order passed in arbitration petition no. 1021/16 as defendant was not party to the suit. Adv. For plaintiff has…

    Read Full Order
    Order 1Full order available
    15 Dec 2021

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 04 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101893/2018 Mrs. Jyotsna Ashok Vernekar Vs 1.Ms. Sunderben Shamji Furia 2.Mr. Rajesh Shamji Furia Date : 15-12-2021 Business : Adv. Rahul Mestry For plaintiff present. Adv. Jaydeep Thakkar For defendant present. Adv. For defendant stated that he is not aware of order passed in arbitration petition no. 1021/16 as defendant was not party to the suit. Adv. For plaintiff has…

    Read Full Order

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