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M Appeal - Misc Appeal

Nav Reshma Apartments CHS LimitedVsSorab Noshir Pochkhanawala +3 more

CNR MHSCA3000639202331-Judge C.R.No. 31
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Judgement
Decision Date: 31st December 2024

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
100037/2023
Registration Date
02 Aug 2023

Advocates

2

For Petitioner

For Respondent

Parties

5

Acts & Sections

1
Maharashtra Rent Control Act · Sec Section34

Case History / Proceedings

Case History
Date: 23-08-2023
Business: Resumed. Both parties absent. Adv. for appellant present. Adv. for respondent no.4 present.
Order passed below Exh.1 O - Heard. Appeal is admitted. Issue notice to the respondents.
Adjd. for alias as per Exh.1.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: Resumed. Appellant and adv. absent.
Adjd. for alias in Exh.1.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: Court not sitting. Resumed before in-charge court room no. 41, as Smt A. S. Khadse, ACJ and Smt R. N. Bansal, Judge are on leave.
Adv for Respondent no 1,2 and 4 present.
Adj for alias in against Respondent no 3 in Exh 1
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: Resumed before In-charge Court Room No.41 as one of the bench member of Court Room No.31. Smt. R.N. Bansal, Judge, is on leave.
Adv. for respondent no.3 and 4 present.
Adjd. for hearing in main.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: Resumed before In-charge Court Room No.41 as one of the bench member of Court Room No.31. Smt. R.N. Bansal, Judge, is on leave.
Adv. for appellant, Adv. for respondent no.1 and 4 present.
Adjd. for alias in Exh.1 against respondent no.3. / Hearing in main.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: Resumed. Appellant and adv. absent. Holding Adv. for respondent no.1 and adv. for respondent no.4 present.
As per appeal memo no claim relief against respondent no.3 and 4.
Adjd. for hearing.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: Resumed. Appellant absent, adv. present. Respondent absent. adv. for respondent no.1 and adv. for respondent no.4 present.
Adjd. for hearing.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: Resumed.
Both the parties absent.
Adv. for Appellant, Adv. for Respdt. No. 1 and Adv. for Respdt. No. 4 present.
By consent, Adj for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: Resumed. Both the parties and adv. for appellant absent. Adv. for respondent no.1 and 4 present.
Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Resumed. Holding Adv. Sunita Yadav for appellant, Adv. for respondent no.1 and adv. for respondent no.4 present. Both the parties absent.
By consent Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: Resumed. Both the parties absent. Adv. for appellant present. Adv. for respondent no.1 and 4 present. Heard appellant adv. Priti Ramani partly in main. Adjd. for further argument of appellant in main.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: Resumed. Holding Adv. Sachin Rawal for respondent no.4 present.
Adjd. for further argument of appellant in main.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: Resumed. Both the parties are absent. Adv. for appellant, holding Adv. Prajakta Kadam for respondent no.1 and adv. for respondent no.4 present.
Heard appellant Adv. Priti Ramani fully in main.
Exh.7/D - List of Judgment filed by adv. for appellant.
Exh.8/D - Written submission made  by appellant in main.O - R. and R.
Exh.9/D - Pursis for respondent no.4 is adopted the argument of appellant made by adv. for respondent no.4. O - Filed.
Adjd. for argument of respondent no.1.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: Resumed. Both the parties are absent. Holding Adv. Snehal Mahamuni for appellant present.  Adv. for respondent no.1 and 4 present.
Adjd. for argument of respondent no.1 in main. / Pursis by respondent no.1.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: Resumed. Adv. for respondent no.4 present. and Adv. for respondent present.
As per Office Order No. 107 of 2024, matter is heard before previous bench ACJ, A.S. Khadse and Judge.
Adjd. for argument of respondent no.1 in main. / Pursis by respondent no.1.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: As per Office Order No. 130 of 2019 Resumed before Smt. A.S. Khadse, Addl. Chief Judge, and Shri. P.K. Kharate, Judge.
Appellant absent, Holding Adv. Snehal Mahamuni for appellant present. Respondent absent.
Adjd. for argument of respondent no.1 in main. / Pursis by respondent no.1.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: As per Office Order No. 107 of 2024 and Circluar No. 80 of 2024 resume before previous bench, ACJ Smt. A.S. Khadse, and Judge, Smt. R.N. Bansal.
Both the parties absent. Adv. for Respdt No. 1 and 4 present.
Adj. for Argument of Respdt No. 1 / Pursis by Respdt No. 1.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: As per Office Order No. 107 of 2024 and Circluar No. 80 of 2024 resume before previous bench, ACJ Smt. A.S. Khadse, and Judge, Smt. R.N. Bansal.
Holding Adv. for appellant present. Respondent no.4 present.
Adj. for Argument of Respdt No. 1.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: As per Office Order No. 107 of 2024 and Circluar No. 80 of 2024 resume before previous bench, ACJ Smt. A.S. Khadse, and Judge, Smt. R.N. Bansal.
Both the parties and adv. for appellant absent. Adv. for respondent no.1 and 4 present. Adjd.  for argument of respondent no.1 in main.
Next Purpose: Part Heard at 2.45 P.M.
Next Hearing Date: 18-12-2024

Date: 18-12-2024
Business: As per Office Order No. 107 of 2024 and Circluar No. 80 of 2024 resume before previous bench, ACJ Smt. A.S. Khadse, and Judge, Smt. R.N. Bansal.
Representative of appellant present. Holding Adv. Snehal Mahamuni for appellant present. Adv. For respondent no.1 and 4 present.
Herad. Councilor Adv. Karim Vakil partly in main for respondent no.1 fully in main and on law point.
Exh. 10/D - List of Citation privide by Adv. For respondent no.1. O - Filed.
Adjd. for further argument of respondent no.1 in main.
Next Purpose: Part Heard at 2.45 P.M.
Next Hearing Date: 21-12-2024

Date: 21-12-2024
Business: As per Office Order No. 107 of 2024 and Circluar No. 80 of 2024 resume before previous bench, ACJ Smt. A.S. Khadse, and Judge, Smt. R.N. Bansal.
Both the parties are absent. Holding Adv. Prajakta Kadam for respondent no.1  and holding Adv. Snehal Mahamuni for applicant present. Adv. for respondent no.4 present. Adjd. for further argument of respondent no.1.
Next Purpose: Part Heard at 2.45 P.M.
Next Hearing Date: 23-12-2024

Date: 23-12-2024
Business: As per Office Order No. 107 of 2024 and Circluar No. 80 of 2024 resume before previous bench, ACJ Smt. A.S. Khadse, and Judge, Smt. R.N. Bansal.
Representative of appellant present. Holding Adv. Snehal Mahamuni for appellant present. Adv. For respondent no.1 and 4 present.
Herad. Councilor Adv. Karim Vakil fully in main for respondent no.1 fully in main and on law point.
Exh.            Common pursis for pronounce the Judgment during Christmas Vacation i.e. on 30.12.2024 made by both sides advocate in all connected matters. O - Filed.
Heard. Rejoinder argument of Adv. Sachin Rawool for respondent no.4.
Adjd. For Judgment in main.
Next Purpose: Judgment at 11.00 A.M.
Next Hearing Date: 30-12-2024

Date: 30-12-2024
Business: As per Office Order No. 107 of 2024 and Circluar No. 80 of 2024 resume before previous bench, ACJ Smt. A.S. Khadse, and Judge, Smt. R.N. Bansal.
Representative of appellant present. Holding Adv. Snehal Mahamuni for appellant present. Adv. For respondent no.1 and 4 present.
Adjd. for Judgment.
Next Purpose: Judgment at 2.45 P.M.
Next Hearing Date: 31-12-2024

Date: 31-12-2024
Business: As per Office Order No. 107 of 2024 and Circluar No. 80 of 2024 resume before previous bench, ACJ Smt. A.S. Khadse, and Judge, Smt. R.N. Bansal.
Representative of appellant present. Holding Adv. Snehal Mahamuni for appellant present. Adv. For respondent no.1 and 4 present.
Exh.13/A - Judgment pronounce in open Court.
Order -  M. Appeal is dismissed. (See Detail order)
Exh.14/D - Application for stay of order dated 31.12.2024 made by Adv. for appellant.
Handwritten say given by adv. for respondent no.1 and 2 on Exh.14. Heard both sides. Order passed on Exh.14. O - Stay is granted till four weeks for doing needful.
Exh.15/D - Application for stay of order dated 31.12.2024 made by Adv. for respondent no.4.
Handwritten say given by adv. for respondent no.1 and 2 on Exh.15. Heard both sides. Order passed on Exh.15. O - Stay is granted till four weeks for doing needful.
This proceeding is closed.
Nature Of Disposal: Judgement
Disposal Date: 31-12-2024

Additional Case Details

Additional Case Details
Filing Number: 201618/2023
Filing Date: 02-08-2023
eFiling Number: AMH20210050749C202300028
eFiling Date: 28-07-2023
First Hearing Date: 23rd August 2023
Decision Date: 31st December 2024
Court Number And Judge: 31-Judge C.R.No. 31

Orders

1
Final Order 1Full order available
31 Dec 2024

Order Details: Copy of Judgment Pdf Text: CNR No. MHSCA30006392023 Presented on : 06/05/2022 Registered on : 02/08/2023 Decided on : 31/12/2024 Duration : 02 Years 07-Months 25-Days IN THE COURT OF SMALL CAUSES AT MUMBAI (APPELLATE BENCH) (BANDRA BRANCH) Misc. Appeal No.37 of 2023 IN ORDER BELOW EXHIBIT No.10 IN T. E. SUIT NO. 115 OF 2016 1. Nav Reshma Apartment CHS Limited, A society registered under the Maharashtra Co-Operative Societies Act, 1960, bearing No. BOM/ HSG/ 3558 of…

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