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RAE

RAKESH CHAMPALAL KOTHARI +2 moreVsChandresh Gopalji Seth +2 more

CNR MHSCA3000590202136-Judge C.R.No. 36
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Other Wise
Decision Date: 06th July 2024

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
200289/2021
Registration Date
02 Aug 2021

Advocates

2

For Petitioner

For Respondent

Parties

6

Acts & Sections

1
Maharashtra Rent Control Act · Sec 15 · 16 (1) (e)

Case History / Proceedings

Case History
Date: 04-08-2021
Business: Resumed Before Addl. Registrar M.K.Shringare.
Pltff. absent his adv. present.
Adj. for issue summon to deft. 1 to 3.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: Resumed. Pltff. and his adv. absent. Deft. no. 2 and 3  absent. Summon served to deft. no. 2 and 3 dt. 25/08/2021.  As per bailiff report deft. no. 1 not staying in given address.
Adj. for filing W.S of deft. no. 2 and 3.
Next Purpose: Written Statement at 11.00 A.M.
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Resumed. Pltff. absent his holding adv. present. Deft. no. 2  his  adv.  present. deft. no. 3  absent.  Adv. Jainsh Jain file S.V of deft. no. 2  Deft. no. 1 unserved. As per bailiff report deft. no. 1 no. residing in given address. Defft. no. 2 and 3  failed to file W. S in within time. Hence matter transfer to CR-36 for step and order.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Resumed.
Holding advocate for plaintiff present. Holding advocate for defendant no.2 present. Adj for steps of service against defendant no.1 and appearance of defendant no.3 and steps of W.S of defendant no.2.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Ld presiding judge is on leave. Holding advocate for plaintiff present. Defendant no.2 and his advocate absent. Defendant no.3 absent. Adj for steps of service against defendant no.1 and steps of W.S of defendant no.3.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: Resumed.
Plaintiff absent holding adv present. Deft and adv absent.
As per office order no. 03 of 2022 Dt. 07.01.2022 adj for steps of service against deft no. 1 and steps of WS of deft no. 2 and 3.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 05-03-2022

Date: 05-03-2022
Business: Resumed,
Plaintiff absent.  Holding Adv for plaintiff present. Defendant No. 2 present.  Advocate for deft. No. 2 absent.  Deft no 3 absent. Adj. for steps of filing WS of deft no 2 and steps of service against deft no 1.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: Resumed.
Holding advocate for plaintiff present. Defendant no.2 and his advocate absent. No steps taken to file W.S. Defendant no.3 though served on 25.08.2021 remain absent. Hence adj for No W.S order against defendant no.2 and exparte order against defendant no.3. and steps of service against defendant no.1.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: Resumed.
Plaintiff no. 3 and his advocate present.
Application made by advocate for plaintiff for service against defendant no. 1 on another address. Application is allowed.
Reissue summons as prayed to the defendant no. 1 on new address.
Alias granted against defendant no. 1.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: Resumed.
Plaintiff absent. Advocate for plaintiff present. Adj for steps of service against defendant no.1
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Ld Presiding Judge is on leave. Charge is before Incharge Judge C.R.No.37.
Holding advocate for plaintiff present.
Defendant no. 2 present.
Adj for steps of service against defendant no. 1.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: Ld Presiding Judge is on leave.
Charge is before Incharge Judge C.R.No.33. Adv for pltff present, S.V filed by adv Ranjit A.Agashe and A. K. Shaikh for deft no.2. Appln made by pltff for amendment (LHRs of Deft No.1) Adj fro say of deft no.2 on Exh 13 and Issue Notice to prop. deft no.1a to 1c.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: Resumed.
Plaintiff no.3 and his advocate present. Defendant no.2 and his advocate present.  Application made by defendant no.2.to delay condonation in filing W.S and for delay in depositing rent. Adj for reply of plaintiff on Exh-15,16 and reply of defendant no.2 on Exh-13 and appearance of proposed defendant no.1a to 1c in Exh-13.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: Ld Presiding Judge is on leave.Charge is before incharge Court C.R.No.37
Holding advocate for defendant no.2 present. Adj for reply of plaintiff on Exh-15 and 16 and reply of defendant no.2 on Exh-13 and appearance of proposed defendant no.1a to 1c in Exh-13.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: Ld Presiding Judge is on leave. Charge is before Incharge Court C.R.No.33
Pltff and his Adv absent. Deft No. 2 and his holdng Adv present.
Adj for reply of Pltff on Exh 15,16 and reply of Deft No. 2 on Exh 13 and appearance of proposed Deft No. 1a to 1c in Exh 13.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 17-06-2023

Date: 17-06-2023
Business: Resumed.
Both advocate present. H. W say given by advocate for plaintiff on Exh-15. Order is passed. Application is allowed subject to cost of Rs.1000/-. Adj for compliance of order below Exh-15 and reply of plaintiff on Exh-16 and reply of defendant no.2 on Exh-13 and appearance of proposed defendant no.1a to 1c in Exh-13
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 05-08-2023

Date: 05-08-2023
Business: Ld. Presiding Judge is on leave.
Charge is before Ld. Judge, C.R. 37.
Plaintiff and holding advocate present.
Defendant no. 2 and advocate present.
Complied order passed below Exh. 15. Cost paid.
Adj for reply of plaintiff on Exh. 16, reply of defendant no. 2 on Exh. 13 and appearance of proposed defendant no. 1a to 1c in Exh. 13.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: Resumed.
Plaintiff absent. Advocate present. Defendant no.2 and his advocate present. H. W say given by advocate for plaintiff on Exh-16. Heard both the advocates on Exh-16 (Deposit of rent). Application allowed.
Proposed defendant in Exh-13 not appeared.
Order passed on Exh-13. Application is allowed. Adj for compliance of order below Exh-13 (amendment) Exh-16 (Deposit of rent)
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: Resumed.
Plaintiff and his advocate present. Defendant no.2 present. Amendment is carried out. Adj for filing amended copy of plaint.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: Resumed.
Plaintiff and holding advocate present. Defendant no.2 and holding advocate for defendant no.2 present. Amended plaint filed by plaintiff. Adj for amended alias granted against defendant no.1a to 1c
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: Resumed.
Plaintiff absent. Holding advocate for plaintiff present. Defendant no.2 and his advocate present.  Application made by defendant no.2 for deposit of rent. Adj for reply of plaintiff on Exh-20 and steps of service against Proposed defendant and exparte order against defendant no.3 (served on 25.08.2021)
Next Purpose: StepsOrders at 11.00 A.M.
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Resumed.
Plaintiff no.3 and his holding advocate present. H.W. say given by advocate for plaintiff on Exh-20. Application allowed. Adj for compliance of order below Exh-20 and steps of service against  defendant no.1a to 1c and exparte order against defendant no.3.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: Resumed.
Plaintiff and his advocate present. Holding advocate for defendant no.2 present. Adj for appearance of defendant no.1a to 1c and exparte order against defendant no.3
Next Purpose: W.S.Exp.Orders at 2.45 P.M.
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: Resumed.
Pltff and holding adv present. Deft absent holding adv present.
Ex-party order passed below Exh-1
O- Deft no.3 failed to appear vide Exh-8 Hence, ex parte against deft no.3
Adj for appearance of deft no.1A to 1C
Next Purpose: W.S.Exp.Orders at 2.45 P.M.
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: Resumed.
Advocate for plaintiff present.  Holding advocate for respondent no.2 present. Adj for  appearance of defendant no.1A to 1C.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 06-04-2024

Date: 06-04-2024
Business: Resumed
Both parties absent. Holding advocate present. Adj for appearance of defendant no.1a to 1c
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: Resumed
Plaintiff and advocate present. Defendant and advocate present. Adj for appearance of defendant No.1a to 1c
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 13-05-2024

Date: 13-05-2024
Business: Resumed
Before I/c Judge Shri. K.M.Kayangude, C.R. No.38.
Plaintiff and advocate present.
Defendant no.2 and advocate present.
Exh-21/D Application filed by advocate for plaintiff for matter is taken on board. O-Allowed.
Exh-22/D Consent Terms filed by both advocates. O- Consent Terms (Exh-22) stand rejected.
Service of defendant no.1a to 1c not properly done hence adj for steps against defendant no.1a to 1c.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: Resumed
Both parties absent. Advocate for plaintiff and holding advocate for defendant present. Adj for steps against defendant no.1a to 1c
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: Resumed
Plaintiff no.3 and advocate present. Defendant absent and advocate for defendant no.2 present.
Exh-23/B Withdrawal pursis filed by advocate for plaintiff.
Order passed on Exh-23. O-Further order passed below Exh-1.
Order passed below Exh-1.
O-Suit is disposed off as withdrawn by plaintiff unconditionally as per withdrawal pursis vide Exh-23.
Court fees be refunded as per rule.
Nature Of Disposal: Other Wise
Disposal Date: 06-07-2024

Additional Case Details

Additional Case Details
Filing Number: 200460/2021
Filing Date: 18-06-2021
First Hearing Date: 04th August 2021
Decision Date: 06th July 2024
Court Number And Judge: 36-Judge C.R.No. 36

Orders

9
Final Order 5Full order available
06 Jul 2024

Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT – 1 IN R.A.E. SUIT NO. 289 OF 2021 (CNR-MHSCA-3000590-2021) 1. Shri Rakesh Champalal Kothari and Ors. ...Plaintiffs Versus 1. Mr. Chandresh Gopalji Seth (deleted since deceased) 1a. Smt. Neeta Chandresh Sheth and Ors. ...Defendants Mr. L. V. Jain, Ld. Advocate for Plaintiffs. Mr. R. A. Agashe, Ld. Advocate for Defendants. Coram :- P. K. Kharate, Judge…

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Interim Order 4Full order available
13 May 2024

Order Details: Order on Exhibit Pdf Text: :: 1 :: CNR No. MHSCA-3000590-2021 IN THE COURT OF SMALL CAUSES, AT MUMBAI. (BANDRA BRANCH) Order Below Exhibit 22 In R.A.E. Suit No. 289 of 2021 1. Shri Rakesh Champalal Kothari & Ors. ….... Plaintiffs V/s. 1. Mr. Chandresh Gopalji Seth (Deleted since deceased) 1a. Smt. Neeta Chandresh Sheth & Ors. …... Defendants Advocate for the plaintiff : Mr. L. V. Jain Advocate for defendant No. 2 : Mr. R. A. Agashe…

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Interim Order 3Full order available
13 Dec 2023

Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT – 20 IN R.A.E. SUIT NO. 289 OF 2021 (CNR-MHSCA-3000590-2021) 1. Shri Rakesh Champalal Kothari and Ors. ...Plaintiffs Versus 1. Mr. Chandresh Gopalji Seth (deleted since deceased) 1a. Smt. Neeta Chandresh Sheth and Ors. ...Defendants Mr. L. V. Jain, Ld. Advocate for Plaintiffs. Mr. R. A. Agashe, Ld. Advocate for Defendants. Coram :- P. K. Kharate, Judge…

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Interim Order 2Full order available
02 Sept 2023

Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT – 16 IN R.A.E. SUIT NO. 289 OF 2021 (CNR-MHSCA-3000590-2021) 1. Shri Rakesh Champalal Kothari and Ors. ...Plaintiffs Versus 1. Mr. Chandresh Gopalji Seth and Ors. ...Defendants Mr. L. V. Jain, Ld. Advocate for Plaintiffs. Mr. R. A. Agashe, Ld. Advocate for Defendants. Coram :- P. K. Kharate, Judge C. R. No. 36 [B.B.] Date :- 02/09/2023…

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Interim Order 1Full order available
17 Jun 2023

Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT – 15 IN R.A.E. SUIT NO. 289 OF 2021 (CNR-MHSCA-3000590-2021) 1. Shri Rakesh Champalal Kothari and Ors. ...Plaintiffs Versus 1. Mr. Chandresh Gopalji Seth and Ors. ...Defendants Mr. Lalit V. Jain, Ld. Advocate for Plaintiffs. Mr. Ranjit Agashe, Ld. Advocate for Defendants. Coram :- R. N. Bansal, Judge C. R. No. 36 [B.B.] Date :- 17/06/2023 ORAL…

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Order 4Full order available
13 May 2024

Order Details: Order on Exhibit Pdf Text: :: 1 :: CNR No. MHSCA-3000590-2021 IN THE COURT OF SMALL CAUSES, AT MUMBAI. (BANDRA BRANCH) Order Below Exhibit 22 In R.A.E. Suit No. 289 of 2021 1. Shri Rakesh Champalal Kothari & Ors. ….... Plaintiffs V/s. 1. Mr. Chandresh Gopalji Seth (Deleted since deceased) 1a. Smt. Neeta Chandresh Sheth & Ors. …... Defendants Advocate for the plaintiff : Mr. L. V. Jain Advocate for defendant No. 2 : Mr. R. A. Agashe…

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Order 3Full order available
13 Dec 2023

Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT – 20 IN R.A.E. SUIT NO. 289 OF 2021 (CNR-MHSCA-3000590-2021) 1. Shri Rakesh Champalal Kothari and Ors. ...Plaintiffs Versus 1. Mr. Chandresh Gopalji Seth (deleted since deceased) 1a. Smt. Neeta Chandresh Sheth and Ors. ...Defendants Mr. L. V. Jain, Ld. Advocate for Plaintiffs. Mr. R. A. Agashe, Ld. Advocate for Defendants. Coram :- P. K. Kharate, Judge…

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Order 2Full order available
02 Sept 2023

Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT – 16 IN R.A.E. SUIT NO. 289 OF 2021 (CNR-MHSCA-3000590-2021) 1. Shri Rakesh Champalal Kothari and Ors. ...Plaintiffs Versus 1. Mr. Chandresh Gopalji Seth and Ors. ...Defendants Mr. L. V. Jain, Ld. Advocate for Plaintiffs. Mr. R. A. Agashe, Ld. Advocate for Defendants. Coram :- P. K. Kharate, Judge C. R. No. 36 [B.B.] Date :- 02/09/2023…

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Order 1Full order available
17 Jun 2023

Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT – 15 IN R.A.E. SUIT NO. 289 OF 2021 (CNR-MHSCA-3000590-2021) 1. Shri Rakesh Champalal Kothari and Ors. ...Plaintiffs Versus 1. Mr. Chandresh Gopalji Seth and Ors. ...Defendants Mr. Lalit V. Jain, Ld. Advocate for Plaintiffs. Mr. Ranjit Agashe, Ld. Advocate for Defendants. Coram :- R. N. Bansal, Judge C. R. No. 36 [B.B.] Date :- 17/06/2023 ORAL…

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