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MISC APPEAL

M/s. Reliable Stationary alias Reliable Stationary MartVsUnited India Insurance Co. Ltd. +1 more

CNR MHCC01006625201819-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PARTLY DECREED
Decision Date: 04th January 2020

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100188/2018
Registration Date
27 Jul 2018

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: 31-07-2018
Business: Adv. Jayesh Jain for appellant present.
Exh.2Vakalatnama of appellant.
Adjd. to 06/08/2018 for service.
Next Purpose: SERVICE
Next Hearing Date: 06-08-2018

Date: 06-08-2018
Business: None present for appellant.
Exh.3Adv. K.N.Kandekar files vakalatnama for respondent.
Adjd. to 23/08/2018 for R and P.
Later on.
Adv. J.S. Jain for appellant present.
Next Purpose: AWAITING R AND P
Next Hearing Date: 23-08-2018

Date: 23-08-2018
Business: Mr. Firoz Dalal, Partner of Appellant is present.
Adv. Mr. Kandekar for respondent is present.
R and P is tendered.
Copy is tendered to the appellant.
Matter is adjourned to 27/09/2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 27-08-2018

Date: 27-08-2018
Business: Wrongly shown on today\''s board.
Already adjd. to 27/09/2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 27-09-2018

Date: 27-09-2018
Business: None present for appellant.
Adv. Kandekar for respondent present.
Adjd. to 25/10/2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 25-10-2018

Date: 25-10-2018
Business: Adv. Uma Sharma for appellant present.
Adv. Kandekar for respondent present.
At the request of Ld. Counsel for appellant, as the Counsel is not available, adjd. to 13/12/2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 13-12-2018

Date: 13-12-2018
Business: None present for appellant.
Adv. Kandekar for respondent present.
Adjd. to 06/02/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-02-2019

Date: 06-02-2019
Business: Firoz Dalal, partner of appellant present.
Adv. Kandekar for respondent present.
Exh.4Appellant files application for production of documents.
Adjd. to 02/03/2019 for reply/hearing on Exh.4.
Next Purpose: REPLY
Next Hearing Date: 02-03-2019

Date: 02-03-2019
Business: Mr. Firoz Dalal, partner of appellant present.
Adv. Kandekar for respondent present.
As the Court is vacant, adjd. to 30/03/2019 for reply/hearing Exh.4.
Next Purpose: REPLY
Next Hearing Date: 30-03-2019

Date: 30-03-2019
Business: Mr. Firoz Dalal, Partner of appellant present.
Adv. K.N. Kandekar for respondent present.
At the request of Ld. Counsel for respondent, adjd. to 22/04/2019 for reply to Exh.4.
Next Purpose: REPLY
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Adv. Jayesh Jain for appellant present.
Partner of appellant present.
Adv. K.N. Kandekar for respondent present.
Exh.4ARespondent files reply Exh.4.
Adjd. to 12/06/2019 for hearing Exh.4.
Next Purpose: HEARING
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Adv. Jayesh Jain for appellant present.
Adv. K.N. Kandekar for respondent present.
Exh.4 will be heard at the time of final hearing.
At the request of Ld. Counsel for appellant, adjd. to 21/06/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-06-2019

Date: 21-06-2019
Business: Adv. Jayesh Jain for appellant present.
Adv. K.N. Kandekar for respondent present.
At the request of Ld. Counsel for appellant, adjd. to 06/07/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-07-2019

Date: 06-07-2019
Business: Appellant (Mr.Ratlamwala, partner of Reliable Stationery) is present.
Advocate for appellant is absent.
Adv. Mr.K.N. Kandekar for respondent is present.
At the request of partner of appellant, adjd. to 03.08.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Adv. Mr.Sachin Chaudhary i/b Adv. Jayesh Jain for appellant is present.
Adv. Mr.K.N.Kandekar for respondent is present.
At the request of advocate for appellant, adjourned to 28.08.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Adv. Jayesh Jain for appellant is present.
Adv. K.N.Kandekar for respondent is present.
Adjourned to 18.09.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: THE HONBLE PRINCIPAL JUDGE IS ON LEAVE.
Adv. Mr. Jayesh Jain for appellant present.
Adv. Mr. K. N. Kandekar for respondent present.
Adjourned to 07.10.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Adv. Jayesh Jain for applicant is present.
Adv. K. N. Kandekar for respondent is present.
Adjourned to 04.11.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Adv. Jayesh Jain for appellant is present.
Adv. N. G. Satamkar h/f K. N. Kandekar for respondent is present.
Adjourned to 19.11.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: Adv. Jayesh Jain for appellant is present.
Adv. K. N. Kandekar for respondent is present.
Adjourned to 09.12.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Adv. Jayesh Jain for appellant is present.
Adv. K. N. Kandekar for defendant is present.
Adjourned to 02.01.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Appellant is present.
Adv. Jayesh Jain for appellant is present.
Adv. K. N. Kandekar for respondent No.1 and 2 is present.
Heard final arguments of both the sides.
Adjourned to 04.01.2020 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: Partner of appellant, Firoz Dalal is present.
Adv. Neha Pandey h/f Adv. K. N. Kandekar for respondent is present.
Judgment is dictated in an open court.
KB
LO at 03.25 pm.
Adv. K. N. Kandekar for respondent is present.
F.R.S.R. Following order is passed.
ORDER
1.   The appeal is partly allowed.
2.   Eviction order dated 16th April, 2018 passed by the Estate Officer is hereby confirmed.
3.  The order regarding damages passed by the Estate Officer is modified as under
The appellant is liable to pay to damages of Rs.66,320/- per month from 1st March, 2017 till the date of taking over possession by the respondent no.1 along with interest  8 per annum.
4.  The application at Exhibit-4 stands rejected.
5.  Record and Proceeding be sent back to The Estate officer.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 04-01-2020

Additional Case Details

Additional Case Details
Filing Number: 107301/2018
Filing Date: 04-06-2018
First Hearing Date: 31st July 2018
Decision Date: 04th January 2020
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Orders

2
Final Order 1Full order available
04 Jan 2020

Order Details: Copy of Judgment Pdf Text: 1 Misc. Appeal 188.18 Received on : 04/06/2018 Registered on : 27/07/2018 Decided on : 04/01/2020 Duration : Y M D 01 05 09 IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY Misc.Appeal No.188 of 2018 M/s.Reliable Stationary @ Reliable Stationary Mart A partnership firm, having its office at ground floor, Union Cooperative Insurance Building, 23, Sir P.M. Road, Fort, Mumbai1, through its partner Mr.Firoz Dalal ..Appellant V/s. 1) United India Insurance…

Read Full Order
Order 1Full order available
04 Jan 2020

Order Details: Copy of Judgment Pdf Text: 1 Misc. Appeal 188.18 Received on : 04/06/2018 Registered on : 27/07/2018 Decided on : 04/01/2020 Duration : Y M D 01 05 09 IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY Misc.Appeal No.188 of 2018 M/s.Reliable Stationary @ Reliable Stationary Mart A partnership firm, having its office at ground floor, Union Cooperative Insurance Building, 23, Sir P.M. Road, Fort, Mumbai1, through its partner Mr.Firoz Dalal ..Appellant V/s. 1) United India Insurance…

Read Full Order

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