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REVISION

Nav Reshma Apartments CHS LimitedVsSorab Noshir Pochkhanawala +3 more

CNR MHSCA3001445202231-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
100016/2023
Registration Date
16 Feb 2023

Advocates

2

For Petitioner

For Respondent

Parties

5

Acts & Sections

1
Maharashtra Rent Control Act · Sec 34

Case History / Proceedings

Case History
Date: 22-02-2023
Business: Before the bench.
Both parties absent.  Both Adv present.
Heard.
Order passed below Exh 1.
O - Revision is admitted by keeping all points of maintainability open.  Issue notice to other side.
Memo of appearance filed by adv for Respdt No. 1 and 2.
Adj for Hearing.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: Before the bench.
Both parties absent.  Adv for applicant present.
Adj for hearing.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Before the bench.
Both parties and Both Adv present.
Adj for hearing.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Before the bench.
Both parties absent. Hol. Adv. for appellant Sunita Yadav present. Adv. for Respdt. No.3 present.Adj. for hearign.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 06-05-2023

Date: 06-05-2023
Business: Before the  bench.
Nobody present.
Adj for hearing.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: Ld. Addl.Chief Judge Shri V. P. Kadam, CR No. 41 is on leave bench not setting.
Resumed before I/c Judge of CR No. 31.
Appellant absent. Adv present.
Respdt. absent. Adv present.
By concern adj for hearing.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: Resumed.
Appellant absent. Adv. present. .
Respdt. absent. Adv for Respdt. No. 4 present. Adv. Karim Vakil present.
This matter is transferred  to Appellate Court Room No. 31, as per Office order No. 97 of 2023, dated 27/06/2023.
All concerns are directed to remain present in Appellate Court Room No. 31.
Adj for appearance in CR No 31/ hearing.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Resumed. Adv. for applicant, Adv. for respondent no.4 present.
By consent Adjd. for hearing in main.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: Resumed. Both parties absent. Adv. for applicant present. Adjd. for hearing in main.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: Resumed. Adv. for applicant absent. . Adv. for respondent no.1 and 4 present.
By consent Adjd. for hearing in main.
Next Purpose: Hearing 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 4 present.
Adjd. for hearing in main.
Next Purpose: Hearing 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: Hearing 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 applicant and adv. for respondent no.1 and 4 present.
Adjd. for hearing in main.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: Resumed. Both the parties and adv. for applicant absent. Holding Adv. for respondent no.1 and adv. for respondent no.4 present.
Adjd. for hearing in main.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: Resumed. Applicant absent, Adv. present. Respondent absent, adv. for respondent no.4 present.
Adjd. for hearing in main.
Next Purpose: 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: Hearing at 11.00 A.M.
Next Hearing Date: 08-05-2024

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

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

Date: 07-08-2024
Business: Resumed. Both the parties absent. Adv. for applicant, Adv. for respondent no.1 and adv. for respondent no.4 present.
Heard. Adv. Priti Ramani in connected matter M. Appeal No. 37 of 2023. Adjd. for hearing in main.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: Resumed. Holding Adv. for respondent no.4 present.
Adjd. for Hearing with connected matter M. Appeal No.37 of 2023.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: Resumed. Both the parties are absent. Adv. for applicant, holding Adv. Prajakta Kadam for respondent no.1 and adv. for respondent no.2 present.
Exh.7/D - Pursis for respondent no.4 is supporting the case of appellant made by Adv. for respondent no.4. O - Filed.
Heard. Applicant Adv. Priti Ramani fully in main. Adjd. for argument of respondent no.1 in main.
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 applicant and 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. Respondent no.4 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.
Applicant absent. Holding Adv. Snehal Mahamuni for applicant present. Respondent absent, Adv. for respondent present.
Adjd. for argument of respondent no.1 in main. / Pursis by respondent.
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. 4 and 1 present.
Adj. for Argument of Respdt No. 1 / Pursis by Respdt.
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. Adv. for respondent no.1 and 2 and adv. for 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 applicant absent. Adv. for respondent no.1 and 4 present. Adjd. for argument of respondent no.1.
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 applicant and holding Adv. Snehal Mahamuni for applicant present.  Respondent absent. Adv. For respondent no.1 and 4 present.
Heard. Respondent Councilor Adv. Karim Vakil fully in main.
Adjd. for rejoinder argument if any.
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 and holding Adv. Snehal Mahamuni for applicant present. Adv. for respondent no.4 present. Adjd. for rejoinder argument if any.
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 applicant and holding Adv. Snehal Mahamuni for applicant present.  Respondent absent. Adv. For respondent no.1 and 4 present.
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 applicant and holding Adv. Snehal Mahamuni for applicant present.  Respondent absent. 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 applicant and holding Adv. Snehal Mahamuni for applicant present.  Respondent absent. Adv. For respondent no.1 and 4 present.
Exh.8/A - Judgment pronounce in open Court.
Order -  Revision is rejected. (See Detail order)
Exh.9/D - Application for stay of order dated 31.12.2024 made by Adv. for applicant.
Handwritten say given by adv. for respondent no.1 and 2 on Exh.9. Heard both sides. Order passed on Exh.9. O - Stay is granted till four weeks for doing needful.
Exh.10/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.10. Heard both sides. Order passed on Exh.10. 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: 100392/2022
Filing Date: 16-11-2022
First Hearing Date: 22nd February 2023
Decision Date: 31st December 2024
Court Number And Judge: 31-Judge C.R.No. 31

Orders

3
Final Order 2Full order available
31 Dec 2024

Order Details: Copy of Judgment Pdf Text: :: 1 :: Rev 16/23 CNR No. MHSCA-3001445-2022 Presented on : 16/11/2022 Registered on : 16/02/2023 Decided on : 31/12/2024 Duration : 1Y 10M 15D IN THE COURT OF SMALL CAUSES AT MUMBAI (APPELLATE BENCH) (BANDRA BRANCH) Revision Application No. 16 of 2023 IN Order Below Exhibit No. 83 IN T. E. Suit No. 115 of 2016 Nav Reshma Apartments CHS Limited A society registered under the Maharashtra Co-operative Societies Act, 1960, bearing…

Read Full Order
Interim Order 1
22 Feb 2023
Order Details: Order on Exhibit
Pdf Text: .. 1 ..
MHSCA300-1445-2022
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
(APPELLATE BENCH)
ORDER BELOW EXHIBIT NO. 1
IN
REVISION APPLICATION NO. 16 OF 2023
IN
ORDER BELOW EXHIBIT NO. 83
IN
T.E. SUIT NO. 115 OF 2016
Nav Reshma Apartments CHS Limited .. Applicants
(Org. defendant No.2)
Versus
1. Mr. Sorab Noshir Pochkhanwala & Anr. .. Respondents
(Org. Plaintiff Nos. 1 & 2)
Appearance:-
Preeti Ramani, Advocate for the Appellant.
Coram : Vilas. P. Kadam, Additional Chief Judge
&
A. H. Baig, Judge
Court Room No.41,
Date : 22.02.2023
ORDER :- (Per Vilas. P. Kadam, Additional Chief Judge)
Revision is admitted by keeping all points of
maintainability open. Issue notice to the other side.
I agree,
Sd/- Sd/-
(A. H. Baig) (Vilas. P. Kadam)
Judge Additional Chief Judge
Court Room No.41 Court Room No.41
22.02.2023 22.02.2023
/home/steno41/Desktop/Ujwala/Feb 2023/22.02.2023/Exh.1 in Revision 16 of 2023.odt
-- 1 of 1 --
Order 1
22 Feb 2023
Order Details: Order on Exhibit
Pdf Text: .. 1 ..
MHSCA300-1445-2022
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
(APPELLATE BENCH)
ORDER BELOW EXHIBIT NO. 1
IN
REVISION APPLICATION NO. 16 OF 2023
IN
ORDER BELOW EXHIBIT NO. 83
IN
T.E. SUIT NO. 115 OF 2016
Nav Reshma Apartments CHS Limited .. Applicants
(Org. defendant No.2)
Versus
1. Mr. Sorab Noshir Pochkhanwala & Anr. .. Respondents
(Org. Plaintiff Nos. 1 & 2)
Appearance:-
Preeti Ramani, Advocate for the Appellant.
Coram : Vilas. P. Kadam, Additional Chief Judge
&
A. H. Baig, Judge
Court Room No.41,
Date : 22.02.2023
ORDER :- (Per Vilas. P. Kadam, Additional Chief Judge)
Revision is admitted by keeping all points of
maintainability open. Issue notice to the other side.
I agree,
Sd/- Sd/-
(A. H. Baig) (Vilas. P. Kadam)
Judge Additional Chief Judge
Court Room No.41 Court Room No.41
22.02.2023 22.02.2023
/home/steno41/Desktop/Ujwala/Feb 2023/22.02.2023/Exh.1 in Revision 16 of 2023.odt
-- 1 of 1 --

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