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MISC APPEAL

M/s.Craftsman Jewellery Pvt. Ltd. Delay Appln. St.No.7170/2018VsThe Development Commissioner +1 more

CNR MHCC01006532201819-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 13 Sept 2026

Case Overview

Registration Number
100175/2018
Registration Date
29 May 2018

Advocates

2

Parties

3

Acts & Sections

1
Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

Case History / Proceedings

Case History
Date: 07-06-2018
Business: None present for applicant.
Adv. Rajguru for respondent present.
He seeks time to file R and P.
Adjd. to 27/06/2018 for R and P.
Later on.
Adv. Dalal for appellant present.
Earlier order to continue till next date.
Next Purpose: AWAITING R AND P
Next Hearing Date: 27-06-2018

Date: 27-06-2018
Business: Adv. Apoorva Gupte for appellant present.
Adv. Rajguru for respondent present.
Adjd. to 31/07/2018 for R and P.
Earlier order to continue till next date.
Next Purpose: AWAITING R AND P
Next Hearing Date: 31-07-2018

Date: 31-07-2018
Business: Adv. Narielwala for appellant present.
Adv. Rajguru for respondent present.
Adjd. to 24/08/2018 for R and P.
Earlier order to continue till next date.
Next Purpose: AWAITING R AND P
Next Hearing Date: 24-08-2018

Date: 24-08-2018
Business: Adv. Mr. Nariyalwala for appellant is present.
Adv. Mr. Rajguru for respondent is present.
Respondent filed R and P.
Earlier order to continue till next date.
Matter is adjourned to 19/09/2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-09-2018

Date: 19-09-2018
Business: CORAM - HIS HONOUR THE I/C PRINCIPAL
JUDGE SHRI S. A. QUAZI
Adv. Nariyalwala for appellant present.
Adv. M.S. Bharadwaj for respondent present.
Adjd. to 16/10/2018 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 16-10-2018

Date: 16-10-2018
Business: Adv. Nariyalwala for appellant present.
Adv. M.S. Bharadwaj for respondent present.
Ld. Counsel for respondent No.1 submits for adding  MIDC being a necessary party for effective adjudication of the issue.
Adjd. to 27/11/2018 for steps.
Earlier order to continue till next date.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-11-2018

Date: 27-11-2018
Business: Adv. Narialwala for appellant present.
Adv. M.S. Bharadwaj with Adv. Rajguru for respondent present.
Adjd. to 08/01/2019 for reply to stay.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 08-01-2019

Date: 08-01-2019
Business: Adv. Zaid Wahidi for appellant present.
Adv. Rajguru with Adv. Bharadwaj for respondent present.
At the request of Ld. Counsel for respondent, adjd. to 25/01/2019 for reply.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 25-01-2019

Date: 25-01-2019
Business: Adv. Shashank Trivedi i/b Hariani and Co. for appellant present.
Adv. M.S. Bharadwaj for respondent present.
He requests for time to file reply.
Adjd to 08/02/2019 for reply to stay.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 08-02-2019

Date: 08-02-2019
Business: Adv. Narialwala for appellant present.
Adv. M.S. Bharadwaj with Adv. Sameer Khale for respondent present.
Adjd. to 19/03/2019 for reply.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 19-03-2019

Date: 19-03-2019
Business: Adv. Shashank Trivedi i/b M/s. Hariani and Co.   for appellant present.
Adv. M.S. Bharadwaj with Adv. S.R. Rajguru for respondent present.
Adjd. to 22/04/2019 for reply.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Adv. Zaid Wahidi i/b Hariani and Co. for appellant present.
Adv. S.R. Rajguru with Adv. M.S. Bharadwaj for respondent present.
By consent, adjd. to 13/05/2019 for reply.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 13-05-2019

Date: 13-05-2019
Business: Adv. Zaid Wahidi h/f Adv. M/s. Hariani and Co. for appellant present.
Adv. S.R. Rajguru with Adv. M.S. Bharadwaj for respondent present.
Exh.4Respondent files reply to stay application and appeal.
Adjd. to 20/06/2019 for rejoinder.
Earlier order to continue till next date.
Next Purpose: REJOINDER
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Adv. Zaid Wahidi i/b Hariani and Co. for appellant present.
Adv. J.M. Bhalgat i/b MSB Legal for respondent present.
At the request of Ld. Counsel for respondent, adjd. to 13/08/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: Adv. Zubin Dalal a/w Adv. Mr.Zaid Wahidi i/b Hariani and Co. for appellant is present.
Adv. Mr.S.R. Rajguru a/w Adv. Mr.M.S. Bharadwaj for respondent is present.
Advocate for appellant wants to file re-joinder.
Adjourned to 20.08.2019 for filing re-joinder to reply to stay application.
Earlier order to continue till next date.
Next Purpose: REJOINDER
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Adv. Ankit Kothari  i/b Hariani and Co. for appellant is present.
Adv. Mr.S.R. Rajguru a/w Adv. Mr.M.S. Bharadwaj for respondent is present.
Exh.5 - Re-joinder filed by appellant.
As the connected matters are posted on 25.09.2019, adjourned to 25.09.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: CORAM  HIS HONOUR I/C PRINCIPAL JUDGE,
SHRI. A. N. KARMARKAR (C.R. NO.54)
(Matter pertains to C.R. No.19)
Adv. Zaid Wahidi i/b M/s. Hariani and Co. for appellant present.
Adv. S. R. Rajguru along with Adv. M. S. Bharadwaj for respondent present.
Adjourned to 05.11.2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Adv. Mr.Z. Nariyalwala i/b M/s.Hariani and Co for appellant is present.
Adv. Mr.Rajguru a/w Adv. M.S. Bharadwaj for respondents is present.
Adjourned to 26.11.2019 for Hearing.
Earlier order to continue till next date, if any.
Next Purpose: HEARING
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Adv. Zaid i/b M/s. Hariani and Co for appellant is present.
Adv. M. S. Bharadwaj for respondent is present.
At the request of advocate for appellant, adjourned to 19.12.2019 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. Zubin Dalal a/w Adv. Zubin Narielwala and Adv. Said Wahidi i/b M/s. Hariani and Co for appellant is present.
Adv. M. S. Bharadwaj a/w Adv. S. R. Rajguru for respondent is present.
Mutually adjourned to 11.02.2020 for Hearing as a last chance.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: Adv. Zubin Narielwala i/b M/s. Hirani and Co for appellant is present.
Adv. S. R. Rajguru a/w Adv. M. S. Bharadwaj for respondent present.
On oral request of advocate for respondent, adjourned to 02.03.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv. Zaid Wahidi i/b Hariani and Co for appellant is present and request to kept back the matter till 12.30 pm as he is busy in the Honble High Court.
Adv. M. S. Bharadwaj for respondent is present.
On request of advocate for appellant kept back.
Later on at 12.45 pm
Adv. Zaid Wahidi i/b Hariani and Co for appellant is present and submits that his senior advocate Mr.Gautam Ankhad is still not able to come and hence again request to kept back matter till 03.30 pm.
Adv. S. R. Rajguru a/w Adv. M. S. Bharadwaj for respondent present.
KB.
Later on at 03.30 pm
Adv. Gautam Ankhad a/w Adv. Zubin Narielwala and Adv. Sunny Shah i/b Hariani and Co for appellant present.
Adv. M. S. Bharadwaj for respondent present.
Heard final arguments of Adv. Gautam Ankhad for appellant.
Adjourned to 03.03.2020 at 11.30 am for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv. Zubin Narielwala i/b Hariani and Co for appellant is present.
Adv. S. R. Rajguru a/w Adv. M. S. Bharadwaj for respondent present.
Heard final arguments of Adv. S. R. Rajguru for respondent.
Adjourned to 14.03.2020 for further Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-03-2020

Date: 14-03-2020
Business: Adv. Zubin Narielwala i/b Hariani and Co for appellant is present.
Adv. S. R. Rajguru a/w Adv. M. S. Bharadwaj for respondent present.
Heard final arguments of Adv. S. R. Rajguru for respondent.
Adjourned to 19.03.2020 at 12.00 pm for arguments in reply.
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. S. R. Rajguru a/w Adv. M. S. Bharadwaj for respondent 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
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
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
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. Zubin Nariyalwala I/b M/s. Hariani and Co. for appellant present.
Adv. Mr. S.R. Rajguru a/w Adv. M.S. Bharadwaj for respondent present.
Learned Advocate for appellant submits that it would not be possible for the appellant to physically argue the matter, however, he is ready to continue with the arguments on Video Conference on next date.
Learned counsel for the respondent submits that he would argue the matter physically in the Court. Accordingly, matter is fixed for arguments to 01.10.2020.
Earlier order to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: Adv. Sunny Shah I/b M/s. Hariani and Co. for appellant present through V.C.
Adv. Mr. S.R. Rajguru a/w 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. Sunny Shah i/b M/s. Hariani and Co. for appellant present through V.C.
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. Sunny Shah i/b Hariani and Co for appellant is present through V.C.
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 advocate for appellant. TOR and marked as Exh.6.
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. Sunny Shah a/w Adv. Zubin Narielwala i/b Hariani and Co 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.7.
Adjourned to 22.12.2020 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Adv. Sunny Shah a/w Adv. Zubin Narielwala h/f M/s. Hariani and Co 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.175/18 is partly allowed.
2. Impugned orders dated 23rd February, 2018 and 15th May, 2018 passed by the Estate Manager are 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: 107169/2018
Filing Date: 29-05-2018
First Hearing Date: 07th June 2018
Decision Date: 22nd December 2020
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Orders

2
Final Order 1Full order available
22 Dec 2020

Order Details: Copy of Judgment Pdf Text: M/s. Craftsmen Jewellery Private Limited v The Development Commissioner & Anr. Received on : 29/05/2018 Registered on : 29/05/2018 Decided on : 22/12/2020 Duration : Y M D 02 06 23 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY MISC. APPEAL NO.175 of 2018 M/s.Craftsmen Jewellery Private Limited A Company registered under the Companies Act,1956, having its registered office at Unit No.001, SEEPZ++, Block no.1, SEEPZ SEZ, Andheri (E), Mumbai-96 ..Appellant Versus 1)…

Read Full Order
Order 1Full order available
22 Dec 2020

Order Details: Copy of Judgment Pdf Text: M/s. Craftsmen Jewellery Private Limited v The Development Commissioner & Anr. Received on : 29/05/2018 Registered on : 29/05/2018 Decided on : 22/12/2020 Duration : Y M D 02 06 23 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY MISC. APPEAL NO.175 of 2018 M/s.Craftsmen Jewellery Private Limited A Company registered under the Companies Act,1956, having its registered office at Unit No.001, SEEPZ++, Block no.1, SEEPZ SEZ, Andheri (E), Mumbai-96 ..Appellant Versus 1)…

Read Full Order

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