BRIHANMUMBAI MUNCIPAL CORPORATIONVsMESSERS KANAKIA INDUSTRIES

Date: 14-02-2018
Business: Ms. Sujata Ramgade, I/b. M/s. M.V.Kini and Co., None for Defendant.  Ms. Ramgade seeks time, hence adjourned to 24/04/2018.
Next Purpose: FOR___________________
Next Hearing Date: 24-04-2018

Date: 24-04-2018
Business: Miss. Khusboo Agarwal Advocate for Plaintiff present. on request of Miss Agarwal for completing service Adjd to 31.07.2018.
Next Purpose: FOR___________________
Next Hearing Date: 31-07-2018

Date: 31-07-2018
Business: Miss.Khushbu Agarwal I/b.M/s.M.V.Kini and Co., Advocate for plaintiff is present.  None for Defendant.  On request of Ms.Agarwal, issue fresh notice U/o.XXI, Rule 22 of CPC, returnable on 29/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 29-09-2018

Date: 29-09-2018
Business: Ms. Khushboo Agarwal and Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff present.  Ms. Agarwal states that she is about to lodge Chamber Order for amendment in E.A.  Office is directed to verify the Chamber Order as soon as the same is lodged by the Advocate for the Plaintiff and put up the same for signature before the undersigned.  On request of Ms. Agarwal, adjd to 21/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 21-11-2018

Date: 21-11-2018
Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff, present.  Execution Application marked as Exh.A (colly.). Ms. Khandare has tendered affidavit of service dated 21/11/2018, t.o.r. and marked as Exh.B.  Ms. Khandare states that packet containing notice sent by R.P.A.D. has been returned by Postal Authority with remarks \''unclaimed\''.  Ms. Khandare seeks time for making application for amendment in E.A. in respect of address of Defendant and on her request, adjd to 03/12/2018.
Next Purpose: FOR___________________
Next Hearing Date: 28-11-2018

Date: 28-11-2018
Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff present. Ms. Khandare has tendered Application for Amendment, without mentioning therein schedule of amendment, TOR and marked as Exh.C. Application allowed subject to furnishing schedule of Amendment and upon Amendment in Execution Application, fresh notice on amended address be issued returnable on 15/02/2019.  Matter is t.o.b. by praecipe, Exh-D.
Next Purpose: FOR___________________
Next Hearing Date: 15-02-2019

Date: 15-02-2019
Business: Miss. Vimal Khandare, Advocate for plaintiff present. On request of Ms. Khandare, adjourned to 21/02/2019, for filing affidavit of service.
Next Purpose: FOR___________________
Next Hearing Date: 21-02-2019

Date: 21-02-2019
Business: Parties and Advocate absent, adjd to 11/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 11-03-2019

Date: 11-03-2019
Business: Miss. Vimal Khandare, Advocate for plaintiff present. Affidavit of service dt.20/02/2019, tendered by Ms. Khandare, taken on record and marked as Exh.C. As per affidavit of service notice could not be served on defendant. Hence, on reqeuest of Ms. Khandare, for taking further steps adjourned to 11/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: Ms. Siddhi More I/b M/s. M. V. Kini and Co., Advocate for Plaintiff, present.  On request of Ms. More, for taking further steps, adjd to 28/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: Shri. Chaitnaya Rane, advocate for the Plaintiff present. On request of Shri. Rane, adjd to 30/09/2019, as the plaintiff has taken necessary steps to find out present whereabouts of the defendant.
Next Purpose: FOR___________________
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: Ms. Vimal Khandare, advocate for the Plaintiff present. Matter is taken on board by way of praceipe, marked as Exh.D. Ms. Khandare has tendered amendment application, taken on record and marked as Exh.E. Upon hearing Ms. Khandare and upon perusing the application the amendment is allowed. Amendment be carried out as per rule and notice after amendment is made returnable on 15/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Ms. Vimal Khandare, advocate for the Plaintiff present.  Matter is taken on board by eay of praceipe, marked as Exh-F. On request of Ms. Khandare, time to carry out amendment is extended till 15/10/2019 and notice after amendment is made returnable on 16/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Ms. Vimal Khandare, advocate for the plaintiff present.
Ms. Khandare, prays for substitute service. Substitute service allowed, returnable on 29/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: Ms. Bhagyashree Kamat, advocate for the plaintiff present.
Ms. Kamat has tendered affidavit of service t.o.r and marked as Exh.G.
As notice could not be served, Ms. Kamat prays for substitute service.
Substitute service by all permissible modes is allowed returnable on 11/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Ms. Bhagyashree Kamat Advoate for plaintiff present.
On request of Ms. Kamat, for completing substitute service, adjd to 01/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: Ms.Vimal Khandare, Advocate for Plaintiff present.
On request of Ms.Khandare, for completing service, adjourned to 03/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Ms. Vimal Khandare advocate for plaintiff present.
Ms. Khandare has tendered affidavit of service in respect of service by way of pasting t.o.r. and marked as Exh.H.
Ms. Khandare prays for issue of warrants of attachment u/o. XXI, Rule 43 and 54 of CPC, against defendant, by making the notice absolute, as the defendant thought served neither appeared nor filed any reply.
Hence, issue warrants of attachment against defendant, as prayed for returnable on 27/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 15/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 08/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Parties and Advocate absent matter adjourned to 22/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Ms. Nishika Shetty advocate for plaintiff present.
On request of Ms. Shetty matter adjourned to 22/12/2021, by extending the returnable date of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Ms. Nishka Shetty, advocate for plaintiff present.
On request of Ms. Shetty, matter adjourned to 23/02/2022, by extending returnable date of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Ms. Nishka Shetty, advocate for plaintiff present.
On request of Ms. Shetty matter adjourned to 22/04/2022, by extending the returnable date of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Shri Hrishikesh Guhagarkar, advocate for  plaintiff present.
None for defendant.
On request of Shri Guhagarkar, 13/07/2022, by extending the returnable date of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: As court is on leave, board discharged and adjourned to 22/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: As court is on leave, board discharged and adjourned to 24/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Shri Hrishikesh Guhagarkar advocate for plaintiff present.
On request of Shri Guhagarkar, adjourned to 07/10/2022, by way last chance for execution of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Shri Hrishikesh Guhagarkar, advocate for plaintiff present.
Shri Guhagarkar, seeks adjournment for execution of warrants.
However, matter being old and warrants have been issued on 15/02/2021, on earnest request of Shri Guhagarkar, matter adjourned to 29/11/2022, under caption dismissal, clarifying that report of execution of warrants be filed on next date, by making it further clear that on failure to file report on next date, no adjournment will be granted.
Next Purpose: DISMISSAL
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: Shri Hrishikesh Guhagarkar, advocate for plaintiff present.
Shri Guhagarkar, stats that warrant U/o.XXI, Rule 43 and 54 of CPC has been issued awaiting report of the same, seeks adjournment.
Adjournment granted without change of caption to 18/01/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 02-01-2023

Date: 02-01-2023
Business: Ms. Siddhi More, Advocate for plaintiff present.
Matter is not on board, taken on board by praecipe, marked as Exh.I.
Ms. More states that original warrant is not traceable and seeks time to file affidavit in regard to misplacement of the warrant and on her request matter  adjourned to 10/01/2023, however, matter to appear under caption for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 10-01-2023

Date: 10-01-2023

Date: 20-01-2023
Business: Ms. Siddhi More, advocate for for plaintiff present.
Upon hearing Ms. More, Exe.application No.534 of 2017 is allowed to restore to file.  Misc.Application disposed of accordingly.
Exe.Application taken up up for hearing forthwith.
Ms.More submits that properties sought to be attached are not within the jurisdiction of this Court and submits that she will file application for transfer of decree to the court having jurisdiction.
Hence, Certified copy of decree/order annexed with the exe.application be returned to the decree holder by keeping the true copy thereof on record. Certificate of non satisfaction of decree by this court, be also issued, if required by the decree holder.
In view of the above, there is no point in keeping the Exe.Application pending and hence, Exe.Application stands disposed of.
Nature Of Disposal: OTHERWISE
Disposal Date: 20-01-2023

Date: 20-01-2023
Business: Ms. Siddhi More, advocate for for plaintiff present.
Upon hearing Ms. More, Exe.application No.534 of 2017 is allowed to restore to file.  Misc.Application disposed of accordingly.
Exe.Application taken up up for hearing forthwith.
Ms.More submits that properties sought to be attached are not within the jurisdiction of this Court and submits that she will file application for transfer of decree to the court having jurisdiction.
Hence, Certified copy of decree/order annexed with the exe.application be returned to the decree holder by keeping the true copy thereof on record. Certificate of non satisfaction of decree by this court, be also issued, if required by the decree holder.
In view of the above, there is no point in keeping the Exe.Application pending and hence, Exe.Application stands disposed of.
Nature Of Disposal: OTHERWISE
Disposal Date: 20-01-2023

Main Case No: SUIT/0106821/2003
Main Cnr: MHCC010054852003
Main Filing No: 111447

MISC APPLICATION/100011/2023

Filing Number: 100320/2018
Filing Date: 13-12-2017
First Hearing Date: 14th February 2018
Decision Date: 20th January 2023
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI