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Bai Hirabai Tata Memorial Trust +5 moreVsNaozad Jal Tata +1 more

CNR MHSCA3000335202235-Judge C.R.No. 35
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Other Wise
Decision Date: 21st March 2023

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
200040/2022
Registration Date
21 Mar 2022

Advocates

2

For Petitioner

For Respondent

Parties

8

Acts & Sections

1
PRESIDENCY SMALL CAUSE COURTS ACT · Sec 41

Case History / Proceedings

Case History
Date: 24-03-2022
Business: Resumed Before M. K. Shringare Addl. Registrar. Pltff. absent his holding adv. present. Adj.  issue summons to deft. 1 and 2
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Resumed. Pltff. absent his holding adv. present. Deft. no. 1 and 2 unserved. Adj. for issue alias to deft no. 1 and 2.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: Resumed
Plff absent his holding adv present Deft 1 and 2 absent Summons served to deft 1 and 2 on 22/04/22
Adj for filing W S of deft 1 and 2 On or before 22/05/22
Next Purpose: Written Statement at 11.00 A.M.
Next Hearing Date: 17-05-2022

Date: 17-05-2022
Business: Resumed Before Shri A. G. Rane ,Addl Regisrar
Advocate for deft present He filed Appln for TOB Exh 9-Allowed , adv Anoop Sharma filed S V of deft 1 and 2 ,and filed W S of deft 2 , Affidavit in support of W S,Memorandum of address of deft 2,List of document of deft 2
Adj for filing W S of deft 1
Next Purpose: Written Statement at 11.00 A.M.
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Resumed,
Holding advocate for Plaintiff present. Advocate for defendants present.
Exh  15/D - Taken on board application filed by advocate for Defendants.(O - Allowed).
Exh 16/B - Pursis for adopting W.S. of Defendant no. 2 by Defendant no. 1 ( O - R -R).
Matter adjourned for framing issues.
Next Purpose: For Issues at 11.00 A.M.
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: CNS. P. O. is on Leave.  Resumed before i/c Honble Judge, C.R.No.34
Both parties absent, both adv. present,
adj. for issues
Next Purpose: For Issues at 11.00 A.M.
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: CNS.  P. O. is on Leave. Resumed before i/c. Honble Judge, C. R. No. 34.
Both parties absent, both adv. present,
adj. for issues
Next Purpose: For Issues at 11.00 A.M.
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Resumed,
Holding advocate for plaintiff present. Advocate for defendants present.
Exh - 17/D -  Appln filed by defts for stay of the suit u/s 10 of CPC.  ( O - O.s. to say).
Matter adj for reply of plff to Exh  17 and for issues.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: Resumed,
Adv for plaintiff present. Advocate for defendant present.
Exh  18/D - Application filed by Plaintiff for withdrawal of suit. ( O - O.S. to say).
Matter adj for reply of plaintiff to Exh 17 (Stay of Suit)  and reply of deft to Exh  18 ( Withdrawal of suit).
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Resumed,
Holding advocate for plaintiff present. Advocate for defendant present.
B.C. matter adj for reply of plff to Exh  -17 (Stay of suit) and reply of deft to Exh 18 ( Withdrawal of suit).
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Resumed,
Plaintiff and advocate present. Advocate for defendant present.
On oral request of advocate for defendant.
Matter adj for reply of plaintiff to Exh-17 (stay of suit) and reply of defendant to Exh-18 (withdrawal of suit).
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Resumed,
Representative of plaintiff and holding advocate present. Advocate for defendant present.
Exh  - 19/D - Reply of defendant to  Exh -18.(O - R/R).
Matter adj for hearing Exh - 18 ( Withdrawal of suit) and Reply of plaintiff to Exh  - 17 ( Stay of Suit).
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: Resumed,
Plaintiff present. Advocate absent. Advocate for defendant present.
Exh -  20/D - Rejoinder of plaintiff in Exh - 18. ( O  - R and R).
Matter adj for hearing on Exh - 18 ( Withdrawal of suit) and reply of plaintiff to Exh  - 17 ( Stay of Suit).
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Resumed,
Advocate for plaintiff present. Advocate for defendant present.
On oral request of advocate for defendant.
Matter adj for hearing on Exh - 18 ( Withdrawal of suit) and reply of plaintiff to Exh  - 17  ( Stay of suit).
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Resumed,
Holding advocate for plaintiff present. Advocate for defendant present.
On oral request of holding advocate for plaintiff.
Matter adj for hearing on Exh-18 (withdrawal of suit) and for reply of plaintiff to Exh-17 (stay of suit).
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: Resumed,
Advocate for plaintiff present.
Matter adjd. Later on Defendant present.
Matter adj for hearing on Exh - 18 ( withdrawal of suit) and for reply of plaintiff to Exh  -  17 ( Stay of suit).
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: Resumed,
Plaintiff and advocate present. Advocate for defendant present.
Exh - 21/D - Amendment Application filed by plaintiff to delete the name of plff no.1. ( O -O.S. to say).
Advocate for defendant given handwritten say given on Exh  - 21. Heard.
Court passed order below Exh - 21.
O  -  Plaintiff stated that one of the trustee died.  Hence it is necessary to allow the application and amendment be carried out accordingly.
Accordingly plaintiff and advocate carried out amendment.
Matter adj for furnishing amended copy of plaint to court and other side and for hearing on Exh - 18 ( Withdrawn of suit)  and for reply of plaintiff to Exh - 17 ( Stay of suit).
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: Resumed,
Advocate for plaintiff present. Advocate for defendant present.
Exh  -  22/D - Copy of amended plaint filed by advocate for plaintiff . ( O - R/R).
Heard, argument of both side on Exh -  18 fully.
Matter adj for passing order below Exh  - 18.
Next Purpose: Orders at 2.45 P.M.
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: Resumed,
Holding advocate for plaintiff present.  Advocate for defendant present.
Court busy in HCTB matters.
Matter adj for passing order below Exh 18.
Next Purpose: Orders at 2.45 P.M.
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: Court not sitting. P.O. is on leave in second session.
Holding advocate for plaintiff present. Advocate for defendant present.
Matter adj for passing order below Exh  -  18.
Next Purpose: Orders at 2.45 P.M.
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: Resumed,
Holding advocate for plaintiff present. Defendant and advocate absent.
Due to strike of advocates.
Matter adj for passing order below Exh  -  18.
Next Purpose: Orders at 2.45 P.M.
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: Resumed,
Holding advocate Sameer Pawar for plaintiff present. Advocate for defendant present.
Court passed order below Exh - 18.
O  -  The application is allowed. The plaintiffs are at liberty to withdraw the suit with liberty to file fresh suit before the proper forum. Further order passed below Exh - 1  in respect of costs.
Order below Exh - 1.
O  - The plaintiff has filed withdrawn application vide Exhibit - 18. I have passed the detailed order below Exh  - 18.  Hence, the plaintiffs are entitled to withdraw the suit with liberty to file fresh suit before proper forum subject to costs of Rs.  5000/- to the defendant or deposit in the court.  The plaintiffs shall pay the costs within a month from today. Hence, the suit is disposed off as withdrawn.  The court fees be refunded to the plaintiffs as per rules.
Exh  - 23/D - Application filed by advocate for defendant for stay to the order passed below Exh  - 18. (O - O.S.to say).
Holding advocate for plaintiff given handwritten say on Exh  - 23. Heard.
Court passed order below Exh -  23.
O - The application is rejected.
Nature Of Disposal: Other Wise
Disposal Date: 21-03-2023

Additional Case Details

Additional Case Details
Filing Number: 200212/2022
Filing Date: 11-03-2022
First Hearing Date: 24th March 2022
Decision Date: 21st March 2023
Court Number And Judge: 35-Judge C.R.No. 35

Orders

3
Final Order 3Full order available
21 Mar 2023

Order Details: Order on Exhibit Pdf Text: ..1.. IN THE COURT OF SMALL CAUSES AT MUMBAI ( BANDRA BRANCH) ORDER BELOW EXHIBIT 1 IN L. E. SUIT NO. 40 OF 2022 (CNRMHSCA30003352022) Bai Hirabai Tata Memorial Trust, a trust registered under the Bombay Public Trusts Act,through their present Trustees 1. Mr. Kersi Minocher Gherda (deleted since deceased) age 84 years, Oc. Company Director, 2. Mr. Burjor Hormusji Antia, aged 84 years, Occ. Solicitor, 3. Mr. Jehangir Hirji Cawasji Jehangir aged…

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Final Order 2Full order available
21 Mar 2023

Order Details: Order on Exhibit Pdf Text: ..1.. IN THE COURT OF SMALL CAUSES AT MUMBAI ( BANDRA BRANCH) ORDER BELOW EXHIBIT23 IN L. E. SUIT NO. 40 OF 2022 (CNRMHSCA30003352022) Bai Hirabai Tata Memorial Trust, & Ors. ...Plaintiffs Versus 1. Mr. Naozad Jal Tata & Anr. ...Defendants Lakshmi G. Vora, …..learned Advocate for plaintiffs. Anoop Sharma, …..learned Advocate for defendants. Coram : P. K. Kharate, Judge, C. R. No. 35, Date : 21st March, 2023. ORAL ORDER: 1. The…

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Final Order 1Full order available
21 Mar 2023

Order Details: Order on Exhibit Pdf Text: ..1.. IN THE COURT OF SMALL CAUSES AT MUMBAI ( BANDRA BRANCH) ORDER BELOW EXHIBIT18 IN L. E. SUIT NO. 40 OF 2022 (CNRMHSCA30003352022) Bai Hirabai Tata Memorial Trust, & Ors. ...Plaintiffs Versus 1. Mr. Naozad Jal Tata & Anr. ...Defendants Lakshmi G. Vora, …..learned Advocate for plaintiffs. Anoop Sharma, …..learned Advocate for defendants. Coram : P. K. Kharate, Judge, C. R. No. 35, Date : 21st March, 2023. ORAL ORDER: 1. The…

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