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MISC APPEAL

Udyankumar Shriram VyasVsUNION OF INDIA +3 more

CNR MHCC01006623201819-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 16th October 2019

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100259/2018
Registration Date
11 Sept 2018

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act · Sec 4(1) · 5(1)

    Case History / Proceedings

    Case History
    Date: 18-09-2018
    Business: Adv. Mihir Govilkar for appellant present.
    Adv. Ms. Mandviwala for respondent present.
    Adjd. to 28/09/2018 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 28-09-2018
    
    Date: 28-09-2018
    Business: Adv. Shaba Khan for appellant present.
    Adv. Mandviwala for respondent present.
    Adjd. to 24/10/2018 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 24-10-2018
    
    Date: 24-10-2018
    Business: Adv. Mihir Govilkar for appellant present.
    Adv. Alfiya Mandviwala i/b Adv. Pranil Sonawane for respondent present.
    At the request of Ld. Counsel for respondent, adjd. to 06/12/2018 at 12.30 p.m. for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 06-12-2018
    
    Date: 06-12-2018
    Business: Adv. Mihir Govilkar for appellant present.
    Exh.4Adv. Ms. Mandviwala i/b Adv. Pranil Sonawane files vakalatnama for respondent.
    At the request of Ld. Counsel for respondent, by way of last opportunity, adjd. to 25/01/2019 at 2.45 p.m. for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 25-01-2019
    
    Date: 25-01-2019
    Business: Adv. Shabah Khan for appellant present.
    Adv. Alefiya Mandviwala i/b Adv. Pranil Sonawane for respondent present.
    At the request of Ld. Counsel for respondent, adjd. to 22/02/2019 at 2.45 p.m. for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 22-02-2019
    
    Date: 22-02-2019
    Business: CORAM - HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE,  SHRI S. A. QUAZI. Adv. Rujuta Loakare for appellant present. Adv. Divate for respondent present. Adjd. to 25/04/2019 for hearing. Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    Business: Appellant present.
    Adv. Mihir Govilkar for appellant present.
    Mr. Pranit Dhuri, Inspector of respondent present.
    Respondent has not yet filed reply and R and P.
    At the request of respondent, adjd. to 24/06/2019  for R and P/hearing.
    Earlier order to continue till next date.
    Next Purpose: AWAITING R AND P
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: Adv. Mihir Govilkar for appellant present.
    Adv. Shyam Horambe h/f Adv. Shreeram Redij for respondent present and undertakes to file memo of appearance on next date.
    At the request of Ld. Counsel for respondent, adjd. to 11/07/2019 for R and P.
    Earlier order to continue till next date.
    Next Purpose: AWAITING R AND P
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: Appellant is present.
    Adv. Kunal Thakkar h/f Adv. Shriram Redij for respondent is present and undertakes to file memo of appearance on next date.
    Respondent filed R and P. Copy of R and P served to appellant.
    Adjd. to 07.08.2019 for Hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Appellant is present.
    Adv. Mihir Govilkar i/b Govilkar and Associates for appellant is present.
    Adv. Shriram Redij for respondent is present.
    Exh.5 - Memo of Appearance for respondent/Union of India, filed by Adv. Mr.Shriram S. Redij.
    Heard final argument of Ld. Advocate for appellant and Ld. Advocate for respondent.
    Also heard argument in reply of both the sides.
    Adjourned to 30.08.2019 for Judgment.
    Earlier order to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: CORAM  HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE,
    SHRI. A. N. KARMARKAR (C.R. NO.54)
    (Matter pertains to C.R. No.19)
    Appellant is present.
    Adv. Shriram Redij for respondent is present.
    Adjourned to 07.09.2019 for Judgment.
    Earlier order to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: Adv. Ms.Sabha Khan for appellant is present.
    Mr.Pranit Dhuri, representative of respondent/Department of Post is present.
    As the Court is busy in dictating Judgment in Misc. Appeal No.70/18, adjourned to 16.09.2019 for Judgment.
    Earlier order to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: CORAM  HER HONOUR I/C PRINCIPAL JUDGE,
    SMT. Dr. C. A. NATHANI (C.R. No.29)
    (Matter pertains to C.R. No.19)
    Appellant is present.
    Adv. Ms. Shaba Khan for appellant is present.
    Adv. Mr. Shriram Redij for respondent is present.
    Adjourned to 26.09.2019 for Judgment.
    Earlier order to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: CORAM  HIS HONOUR I/C PRINCIPAL JUDGE,
    SHRI. A. N. KARMARKAR (C.R. NO.54)
    (Matter pertains to C.R. No.19)
    Appellant present.
    Adv. Mr. Shriram Redij for respondent present.
    Adjourned to 07.10.2019 for judgment.
    Earlier order to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Appellant is present.
    Adv. Shriram Redij for respondent is present.
    Mr. Sandesh Mane, Inspector of Post (Representative of respondent) is present.
    Adjournd to 10.10.2019 for Judgment.
    Earlier order to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv. Kinjal Jani for appellant is present.
    Adv. Shriram Redij for respondent is present and filed list of document alongwith copy of documents. TOR and marked as Exh.6.
    Copy served to other side.
    At the request of advocate for appellant, adjourned to 14.10.2019 for Hearing on Exh.6.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: Appellant is present.
    Adv. Mihir Govilkar i/b Govilkar and Associates for appellant is present and filed Whartons Law Lexicon-17th Edition (Page No.840). TOR and marked as Exh.7.
    Copy served to other side.
    Adv. Shreeram Redij for respondent is present.
    Adjourned to 16.10.2019 for Judgment.
    Earlier order to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Appellant is present.
    Adv. Kinjal Jani i/b Govilkar and Associates for appellant is present.
    Adv. Shriram Redij for respondent is present.
    F.R.S.R. Following order is passed.
    ORDER
      Misc. Appeal No.259/18 is partly allowed.
      Order of eviction stands confirmed.
      However, the learned Estate Officer is directed to consider the claim of the respondent for damages afresh including the question as to whether or not such claim or part thereof is barred by limitation by affording opportunity to both the sides.
      The Estate Officer shall dispose of the matter (question of damages) within a period of three months from the date of communication of this order.
      R and P be sent back.
    Nature Of Disposal: ALLOWED
    Disposal Date: 16-10-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 107340/2018
    Filing Date: 04-06-2018
    First Hearing Date: 18th September 2018
    Decision Date: 16th October 2019
    Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

    Orders

    2
    Final Order 1Full order available
    16 Oct 2019

    Order Details: Copy of Judgment Pdf Text: 1 Misc.app.259.18 Received on : 04/06/2018 Registered on : 11/09/2018 Decided on : 16/10/2019 Duration : Y M D 01 01 05 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Misc. Appeal No.259 of 2018 Udyankumar Shriram Vyas Age65 years, Indian inhabitant, Occ.: Business, residing at 431, Chandanmal Mansion, GBlock, 2 nd floor, Kalbadevi Road, Mumbai2 and having the shop premises at Shop no.4, 'A' Wing, C/o.Girgaon Mukhya Dak Ghar, 123, V.P. Road,…

    Read Full Order
    Order 1Full order available
    16 Oct 2019

    Order Details: Copy of Judgment Pdf Text: 1 Misc.app.259.18 Received on : 04/06/2018 Registered on : 11/09/2018 Decided on : 16/10/2019 Duration : Y M D 01 01 05 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Misc. Appeal No.259 of 2018 Udyankumar Shriram Vyas Age65 years, Indian inhabitant, Occ.: Business, residing at 431, Chandanmal Mansion, GBlock, 2 nd floor, Kalbadevi Road, Mumbai2 and having the shop premises at Shop no.4, 'A' Wing, C/o.Girgaon Mukhya Dak Ghar, 123, V.P. Road,…

    Read Full Order

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