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MISC APPEAL

M/s. Indojewel Jewellery Pvt. Ltd. in Delay Cond. St. No.8427 of 18VsThe Development Commissioner Seepz SEZ +1 more

CNR MHCC01007687201819-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 14 Sept 2026

Case Overview

Registration Number
100186/2018
Registration Date
20 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 5(1)

Case History / Proceedings

Case History
Date: 07-08-2018
Business: Adv. Apurva Gupte for appellant present.
Adv. M.S. Bharadwaj for respondent present.
Adjd. to 21/08/2018 for R and P.
Earlier order to continue till next date.
Next Purpose: AWAITING R AND P
Next Hearing Date: 21-08-2018

Date: 21-08-2018
Business: Adv. Narialwala for appellant present.
Adv. M.S. Bharadwaj for respondent present.
Respondent files R and P.
Adjd. to 07/09/2018 for reply to stay.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 07-09-2018

Date: 07-09-2018
Business: Adv. Nariyalwala for appellant present.
Adv. M.S. Bharadwaj for respondent present.
Adjd. to 19/09/2018 for reply to stay application.
Earlier order to continue till next date.
Next Purpose: REPLY
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 reply.
Earlier order to continue till next date.
Next Purpose: REPLY
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.
Respondent files reply to stay application.
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 08/01/2018 for rejoinder/hearing on stay application.
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.
Appellant files rejoinder to stay application.
Adjd to 08/02/2019 for hearing on stay application.
Earlier order to continue till next date.
Next Purpose: HEARING
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 hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
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 for respondent present.
At the request of Ld. Counsel for appellant, adjd. to 22/04/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Adv. Zaid Wahidi i/b Hariani and Co. for appellant present.
Adv. M.S. Bharadwaj for respondent present.
By consent, adjd. to 13/05/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
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. M.S. Bharadwaj for respondent present.
Adjd. to 20/06/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
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.M.S. Bharadwaj for respondent is present.
As court is busy in dictating judgment, 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. Asmit Agrawal 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. 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 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. M. S. Bharadwaj for respondent is 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.
Adv. M. S. Bharadwaj for respondent is present.
KB
Later on
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.
As the connected Misc Appeal is adjourned to 03.03.2020, hence adjourned to 03.03.2020 at 11.30 am for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv. Zubin Narielwala i/b Hariani and Co for appellant is present.
Adv. M. S. Bharadwaj for respondent is present.
As connected Misc Appeal is adjourned to 14.03.2020, hence adjourned to 14.03.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 14-03-2020

Date: 14-03-2020
Business: Adv. Zubin Narielwala i/b Hariani and Co for appellant is present and submits that Senior Counsel Mr.Ankhad will argue on next date.
Adv. M. S. Bharadwaj for respondent is present.
At the request of advocate for appellant, adjourned to 19.03.2020 at 12.00 pm for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 19-03-2020

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

Date: 23-03-2020
Next Purpose: HEARING
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Next Purpose: HEARING
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: HEARING
Next Hearing Date: 08-07-2020

Date: 08-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 24-07-2020

Date: 24-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
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: ARGUMENTS
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. 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: ARGUMENTS
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.4.
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.5.
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.186/18 is partly allowed.
2. Impugned order dated17th 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: 108426/2018
Filing Date: 27-06-2018
First Hearing Date: 07th August 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. Indojewel Jewellery Private Limited v The Development Commissioner & Anr. Received on : 27/06/2018 Registered on : 20/07/2018 Decided on : 22/12/2020 Duration : Y M D 02 05 02 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY MISC. APPEAL NO.186 of 2018 M/s. Indojewel Jewellery Private Limited A Company registered under the Companies Act,1956, having its registered office at 809, Parekh Market, 39 JSS Road, Nr. Kennedy Bridge, Opera House, Mumbai-04.…

Read Full Order
Order 1Full order available
22 Dec 2020

Order Details: Copy of Judgment Pdf Text: M/s. Indojewel Jewellery Private Limited v The Development Commissioner & Anr. Received on : 27/06/2018 Registered on : 20/07/2018 Decided on : 22/12/2020 Duration : Y M D 02 05 02 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY MISC. APPEAL NO.186 of 2018 M/s. Indojewel Jewellery Private Limited A Company registered under the Companies Act,1956, having its registered office at 809, Parekh Market, 39 JSS Road, Nr. Kennedy Bridge, Opera House, Mumbai-04.…

Read Full Order

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