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MISC APPEAL

M/s. Twinkle Diamond Jewellery India Pvt. Ltd.VsThe Development Commissioner +1 more

CNR MHCC01006228201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 22nd December 2020

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100162/2019
Registration Date
20 Sept 2019

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act · Sec 9

Case History / Proceedings

Case History
Date: 03-10-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Adv. Deepan Dixit for appellant present.
Adv. Bhardwaj for respondent present.
Advocate for appellant filed stay application and prayed for leave to register the same. Leave as prayed granted.
Copy served to other side.
Adjd for Say on Stay application to 30.01.2020.
Next Purpose: FILING SAY
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Adv. Deepan Dixit for appellant is present and filed original stay application. TOR and marked as Exh.4.
Adv. M. S. Bharadwaj for respondent is present.
Advocate for respondent seeks time to file reply on stay application.
At the request of advocate for respondent, adjourned to 27.02.2020 for Reply.
Next Purpose: REPLY
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv. Deepan Dixit for appellant is present.
Adv. M. S. Bharadwaj for respondent is present and filed photocopy of R and P.
Copy of R and P served to other side.
Reply to stay application filed by advocate for respondent. TOR and marked as Exh.4-A.
Adjourned to 02.03.2020 for final Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: None present for appellant.
Adv. M. S. Bharadwaj for respondent is present.
KB
Adv. Deepan Dixit for appellant is present.
Adv. M. S. Bharadwaj for respondent is present.
As the connected Misc Appeal is adjourned to 03.03.2020, hence adjourned to 03.03.2020 at 11.30 am for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv. Deepan Dixit for appellant is present.
Adv. M. S. Bharadwaj for respondent is present.
Since the appeal is at final hearing stage and in this matter there is no stay of impugned order of eviction. Having considered the submission of the both parties, the respondent not to take coercive action against appellant till next date.
As connected Misc Appeal is adjourned to 14.03.2020, hence adjourned to 14.03.2020 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-03-2020

Date: 14-03-2020
Business: Adv. Deepan Dixit for appellant is present.
Adv. M. S. Bharadwaj for respondent is present.
Heard final arguments of Adv. Deepan Dixit for appellant.
Heard final arguments of Adv. Bharadwaj for respondent.
Adjourned to 19.03.2020 at 12.00 pm for arguments in reply, if any.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: None present for appellant.
Adv. M. S. Bharadwaj for appellant is present.
Adjourned to 23.03.2020 for Arguments in reply.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: Due to COVID-19 the regular Courts are not functioning and as per directions of the Hon''ble High Court only extreme urgent matters are being taken and even the majority of the staff is shunt.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-07-2020

Date: 08-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-07-2020

Date: 24-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Business: Adv. for appellant absent.
Adv. M.S. Bharadwaj for respondent present.
Adjourned to 01.10.2020 for arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: Adv. Aniruddha Hariani I/b M/s. Hariani and Co. for appellant present through V.C.
Adv. M.S. Bharadwaj for respondent present.
By consent, adjourned to 26.10.2020 for hearing.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: Adv. Deepan Dixit for appellant is present.
Adv. M. S. Bharadwaj a/w Adv. S. R. Rajguru for respondent present.
Heard Ld. Counsel for the parties, both sides submit that they would file their short written submissions on next date.
It is agreed that the appellant would furnish their written submissions to the respondent on or before 03.11.2020 whereas the respondent shall forward their written submissions to the appellant by 13.11.2020 and the written submissions would be filed alongwith the short rejoinder, if any, before this Court on next date.
Adjourned to 24.11.2020 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: Adv. Deepan Dixit for appellant is present.
Adv. M. S. Bharadwaj a/w Adv. S. R. Rajguru for respondent present.
Advocate for appellant files written submissions.
Advocate for respondent seeks time to file written submissions by way of last opportunity. Time is granted.
Advance copy be given to appellant.
Written submissions on behalf of appellant filed by Adv. Deepan Dixit. TOR and marked as Exh.5
Adjourned to 10.12.2020 for Written Submissions of respondent.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Adv. Deepan Dixit for appellant is present.
Adv. M.S. Bharadwaj a/w Adv. S. R. Rajguru for respondent present.
Advocate for respondent filed written submissions. TOR and marked as Exh.6.
Adjourned to 22.12.2020 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Adv. Deepan Dixit for appellant present.
Adv. M. S. Bharadwaj a/w Adv. S. R. Rajguru for respondent present.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.162/19 is partly allowed.
2. Impugned order dated 24th May, 2018 passed by the Estate Manager is hereby set aside and the matter is remanded back to the Estate Manager.
3. Respondent no.2-Estate Manager is directed to consider the material before him and pass a reasoned order.
4. It is clarified that all the contentions of the parties are kept open.
5. R and P be sent back.
Nature Of Disposal: ALLOWED
Disposal Date: 22-12-2020

Additional Case Details

Additional Case Details
Filing Number: 106592/2019
Filing Date: 19-06-2019
First Hearing Date: 03rd October 2019
Decision Date: 22nd December 2020
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Orders

1
Final Order 1Full order available
22 Dec 2020

Order Details: Copy of Judgment Pdf Text: M/s. Twinkle Diamond Jewellery India v The Development Commissioner & Anr. Received on : 19/06/2019 Registered on : 20/09/2019 Decided on : 22/12/2020 Duration : Y M D 01 03 02 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY MISC. APPEAL NO.162 of 2019 M/s. Twinkle Diamond Jewellery India Private Limited, a company registered under Companies Act, 1965, having its registered office at 503, Fifth Floor, Tower I, SEEPZ ++, Andheri (E), Mumbai-96.…

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