EXECUTION APPLN
THE BOARD OF TRUSTEES OF THE PORT OF BOMBAYVsMESSERS TATA TEA LTD
CNR MHCC01000420201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 27th February 2024
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 100546/2017
- Registration Date
- 18 Dec 2017
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec NOTICE
Case History / Proceedings
Case History
Date: 06-02-2018 Business: Parties and Advocate absent. Adjourned to 20/02/2018. Next Purpose: FOR___________________ Next Hearing Date: 20-02-2018 Date: 20-02-2018 Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present. None for Defendant. Ms. Agarwal seeks time for service. Hence, adjourned to 21/03/2018. Next Purpose: FOR___________________ Next Hearing Date: 21-03-2018 Date: 21-03-2018 Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co., Advocate for Plaintiff, present. On her request adjourned to 07/06/2018 Next Purpose: FOR___________________ Next Hearing Date: 07-06-2018 Date: 07-06-2018 Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present. On request of Ms. Agarwal for completing service, adjd to 03/09/2018. Next Purpose: FOR___________________ Next Hearing Date: 03-09-2018 Date: 03-09-2018 Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present. On request of Ms. Agarwal for completing service, adjd to 22/10/2018. Next Purpose: FOR___________________ Next Hearing Date: 22-10-2018 Date: 22-10-2018 Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff present. On request of Ms. Khandare, for making application for amendment, adjd to 02/11/2018. Next Purpose: FOR___________________ Next Hearing Date: 02-11-2018 Date: 02-11-2018 Business: Ms.Vimal Khandare I/b. M/s. M. V. Kini and Co. Advocate for plaintiff present. Ms. Khandare has tendered application for amendment, t.o.r. and marked as Exh.5. Amendment application allowed, amendment be carried out by 19/11/2018. For issuance and return of notice on amended address, on request of Ms. Khandare, adjd to 19/12/2018. 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. Matter is taken on board by way of praecipe, taken on record and marked as Exh.6. Ms. Khandare has tendered Application for Amendment, without mentioning therein schedule of amendment, TOR and marked as Exh.7. 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. Next Purpose: FOR___________________ Next Hearing Date: 15-02-2019 Date: 15-02-2019 Business: Shri. Anant Kumar, advocate for defendant no. 2 present. Shri. Kumar states that defendant no.2 has filed Notice of Motion in the matter, which is made returnable on 07/03/2019 in court room no. 20. hence, on request of Shri. Kumar, adjourned to 04/04/2019. Later on Miss. Khandare appeared and she is informed about the next date and the order passed today. Next Purpose: FOR___________________ Next Hearing Date: 04-04-2019 Date: 04-04-2019 Business: Shri. Anant Kumar, advocate for defendant No.2 present. None for plaintiff. Shri.Kumar seeks longer adjournment stating that the Notice of Motion filed by the defendant is pending. Hence, on his request, adjd to 10/07/2019. Later on Ms. Siddhi More, advocate for plaintiff appeared and she is informed about the next date. Next Purpose: FOR___________________ Next Hearing Date: 10-07-2019 Date: 10-07-2019 Business: Shri. Anant Kumar, advocate for the defendant no.2 present. None for the Plaintiff. As Court is on leave, board discharged and adjd to 18/10/2019. Next Purpose: FOR___________________ Next Hearing Date: 18-10-2019 Date: 18-10-2019 Business: Ms. Mrunamayee Kotpaliwar, advocate for the plaintiff present. Shri. A.K. Moily I/b Shri. Anant Kumar, advocate for the defendant no.02 present. Ms. Kotpaliwar state that the Notice of Motion preferred by the defendant is pending in Court No.20. Shri. Moily seeks time to file reply in the present exe.application, stating that copy of exe.application has not been served upon the defendant no.02. Hence, by consent, adjd to 20/01/2020. Next Purpose: FOR___________________ Next Hearing Date: 20-01-2020 Date: 20-01-2020 Business: Today received Execution application NO. 546/17. Adv. Vimal Khandare for plaintiff present. Adv. Mohile for defendant No.2 present. On the request of Ld. advocate for deft no. 2 matter is adjourned for filing rejoinder to NM as a last chance and NM Hearing Matter adjd for filing rejoinder to NM as a last chance, Hearing on NM and Application Hearing on 24/02/2020 at 02.45 pm. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-02-2020 Date: 24-02-2020 Business: Plaintiff and Advocate for plaintiff both are absent. Adv. Anant Kumar for defendant no.2 present. Adv. for deft no.2 filed rejoinder to NM No.401/19. TOR. O-read and recorded. Matter adjd for NM Hearing on 26/03/2020 at 02.45 pm. KB L.O. at 3.51 pm Adv Vimal Khandare for plaintiff present. The Ld Adv for plaintiff submits that plaintiff has not received copy of the rejoinder. Matter adjd for NM Hearing on 26/03/2020 at 02.45 pm. Next Purpose: NM FOR HEARING Next Hearing Date: 26-03-2020 Date: 26-03-2020 Next Purpose: NM FOR HEARING Next Hearing Date: 07-04-2020 Date: 07-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 18-04-2020 Date: 18-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 29-05-2020 Date: 29-05-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 16-06-2020 Date: 16-06-2020 Next Purpose: NM FOR HEARING Next Hearing Date: 11-08-2020 Date: 11-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 07-10-2020 Date: 07-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 25-11-2020 Date: 25-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 28-01-2021 Date: 28-01-2021 Business: Adv. Bhagyashree Kamath for the plaintiff is present. Matter adjourned on NM Hearing on 15/04/2021 Next Purpose: NM FOR HEARING Next Hearing Date: 15-04-2021 Date: 15-04-2021 Business: Court is vacant Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 07-06-2021 Date: 07-06-2021 Business: None present. Next Purpose: NM FOR HEARING Next Hearing Date: 29-07-2021 Date: 29-07-2021 Business: Due to COVID-19 matter adj. to Next Purpose: NM FOR HEARING Next Hearing Date: 03-09-2021 Date: 03-09-2021 Business: Board is discharged. Matter adj. to Next Purpose: NM FOR HEARING Next Hearing Date: 17-09-2021 Date: 17-09-2021 Business: Adv. Ms. Savita Ganoo for Plaintiff present. In SU 9998/97 Adv. Mr. Tiwari for Defendant No. 2 present. NM 401/19 While hearing of argument of NM of Defendant No. 2, the Plaintiff sought time stating the reason that it is necessary to take inspection of the court record. The fact that the Plaintiff appeared in the NM in 2019 itself. The request to adjourn the hearing is not appearing to be bonafide. However, it is allowed subject to payment of Rs. 5,000/- to District District Legal Services Authority, Mumbai U/s. 17(1)(c) of District Legal Services Authorities Act, which is condition precedent for hearing the arguments of Plaintiff in NM. Matter adj. to 30/10/2021 for NM Arguments. Next Purpose: NM FOR HEARING Next Hearing Date: 30-10-2021 Date: 30-10-2021 Business: Court is Vacant. Next Purpose: NM FOR HEARING Next Hearing Date: 28-01-2022 Date: 28-01-2022 Business: Court is Vacant. Next Purpose: NM FOR HEARING Next Hearing Date: 25-03-2022 Date: 25-03-2022 Business: Adv Savita Ganoo a/w Adv Radha H. Bhandari i/b M.V. Kini and Co for plff/applicant present. Adv Bhaskar Tiwari for defendant No. 2 present. Advocate for plff tendered sur-rejoinder t.o.r. Advocate for defendant No.2 submitted that he has submitted the photocopy of compilation of document in the Month of September, 2021. Perused record. Roznama does not mention of the said fact. On request advocate for Deft no. 2 is permitted to refile the same. Adjd on 15.07.2022 for Notice of Motion Hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 15-07-2022 Date: 15-07-2022 Business: Adv. Savita Jadhav for plff is present. Adv.Anant Kumar for Def.no.2 is present. Heard part argument of advocate for defendant no.2. Matter is adjd on 23/09/2022 for hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 23-09-2022 Date: 23-09-2022 Business: Adv Hrishikesh Guhagarkar for plff DH present Adv Anand Kumar for defendant present By consent adjourned. Matter is adjd on 13.12.2022 for NM Hrg Next Purpose: NM FOR HEARING Next Hearing Date: 13-12-2022 Date: 13-12-2022 Business: Matter called out at 2.50 p.m. Adv Savita Ganoo i/b Adv. Radha Bhandari from M.V Kini and Co for Original Plaintiff/Decree Holder present. Adv Bhaskar Tiwari a/w Anant Kumar for defendant/ JD Heard argument of both the sides on NM. Adv for defendant No.2 submits that he wants to file written submissions. In case written submissions are tendered advance copy be served upon other side and Adv for DH is at liberty to file written submissions. Matter is adjd on 03.01.2023 for NM Orders Next Purpose: NM ORDERS Next Hearing Date: 03-01-2023 Date: 03-01-2023 Business: Matter called out at 3.47 p.m. Adv. Siddhi More i/b M/s. M.V. Kini and Co for plff present. None for defendant No.2 Advocate for plaintiff submits that she has not received the copy of written arguments of advocate for defendant No.2. She seeks time to file her written arguments. Today the matter is listed for Notice of Motion order. The advocate for defendant No.2 after concluding his arguments has submitted that he wants to submit written submissions. In view of the said submission, and submission of advocate for the plaintiff made today instead of passing order on Notice of Motion today itself, matter is listed for submission of written arguments. Matter is adjd on 13.01.2023 for NM Hrg Next Purpose: NM FOR HEARING Next Hearing Date: 13-01-2023 Date: 13-01-2023 Business: Matter called out at 3.01 pm None for plff Adv K.K.Mohite I/b Anant Kumar for defendant No.2 present and tendered written submissions t.o.r. He also tendered the copy of application serving copy of written arguments upon adv for plff. K.B. as adv for plff is not present LO at 3.47 pm Adv Siddhi More for plff present and submits that she has received copy of written arguments of Adv for defendant No.2 yesterday only and seeks time to file her written argument. Matter is adjd on 24.01.2023 for NM Argument Next Purpose: NM FOR HEARING Next Hearing Date: 24-01-2023 Date: 24-01-2023 Business: Adv. Siddhi More I/b M.V. Kini and Co. for plaintiff present. Adv. A.K.Moily for defendant no. 2 present. Adv. for plaintiff tendered written submissions on NM. T.O.R. Copy served upon Adv. for defendant no.2. Matter is adjd on 07-02-2023 for NM order. Reason For Adjournment: court time is over Next Purpose: NM ORDERS Next Hearing Date: 07-02-2023 Date: 07-02-2023 Business: None for plaintiff. Adv.Moily I/b Adv. Anant Kumar for defendant no. 2 present. F.R.S.R. following order is passed below notice of motion 401/19: Order 1. Notice of motion 401/19 is made absolute in terms of prayer clause (a). 2. Notice of motion 401/19 disposed off. As the notice of motion is allowed and is ex-parte decree dtd. 14/01/2014 is set aside, suit no. 9998/87 is restored in the file. Both the parties to appear before the Court on 27-02-2023. The suit is very old therefore trial is expedited. Matter is adjd on 27-02-2023 for WS. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 27-02-2023 Date: 27-02-2023 Business: Adv Siddhi More for Plaintiff present Adv Anant Kumar for Defendant No. 2 present Adv for plaintiff tendered application for stay of order dt. 07.02.2023 in NM NO. 401/2019. TOR O- Heard both sides. As plaintiff seeks to file appeal, the order dt. 07.02.2023 in NM No. 401/2019 is stayed for 8 weeks. In the meantime adv for plaintiff to serve the copies of plaint and Documents upon Adv for Defendant no.2. Matter is adjd on 24.04.2023 for WS. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 24-04-2023 Date: 24-04-2023 Business: Adv. Yasmin Sarang for plaintiff present and submits that suit may be restored. Copies and plaint , annexures and proceedings be served upon defendants. Adv. Moily for defendant no. 2 present. Suit no. 9998/87 be restored in CIS. Matter is adjd on 14-06-2023 for direction. Next Purpose: DIRECTIONS Next Hearing Date: 14-06-2023 Date: 14-06-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None for DH. Adv.Anant Kumar for JD present. He submits that suit needs to be restored as per order dated 07/02/2023. There is substance in his submission. Accordingly, concerned clerk is directed to comply the order dated 07/02/2023 passed in Notion Motion No.401/2019. DH/Plaintiff to take proper steps. Plaintiff to serve copy of plaint and documents to the JD/defendant. Hence, matter is adj to 14/08/2023 for takings steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 14-08-2023 Date: 14-08-2023 Reason For Adjournment: court time is over Next Purpose: FOR TAKING STEPS Next Hearing Date: 17-10-2023 Date: 17-10-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None for DH/plaintiff. Adv.Anantkumar for JD/defendant present. Plaintiff failed to comply order dated 14/06/2023. Hence keep for necessary order. Matter is adj to 22/11/2023 for necessary order. Next Purpose: ORDER Next Hearing Date: 22-11-2023 Date: 22-11-2023 Business: PO IS ON LEAVE Reason For Adjournment: court time is over Next Purpose: ORDER Next Hearing Date: 07-12-2023 Date: 07-12-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None present. No steps are taken hence keep for dismissal order. Matter is adj to 17/02/2024 for dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 17-02-2024 Date: 17-02-2024 Business: L.Ms.Sv. S.V. Suryanwanshi (Legal Manager)MBPA present. Adv. Siddhi More i/b M.V. Kini & Co. Present for plaintiff. She submit that the suit be kept for order on 23-02-2024. hence Matter is adj to 23-02-2024 for order. Next Purpose: ORDER Next Hearing Date: 23-02-2024 Date: 23-02-2024 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) Adv.Yasmin Sarang for DH/plaintiff present. She submit that suit is kept on 27/02/2024 hence matter is adj to 27/02/2024 for order. Next Purpose: ORDER Next Hearing Date: 27-02-2024 Date: 27-02-2024 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) Adv.Kajal Gupta i/b M.V.Kini and Company for plaintiff/DH present. None for JD/defendant. In view of submission of the Ld.Adv. for the plaintiff/DH and order dated 07/02/2023 this EA No.546/2017 does not survive hence disposed off. Nature Of Disposal: OTHER Disposal Date: 27-02-2024
Additional Case Details
Additional Case Details
Filing Number: 100404/2018 Filing Date: 18-12-2017 First Hearing Date: 06th February 2018 Decision Date: 27th February 2024 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
1Final Order 127 Feb 2024
27 Feb 2024
Order Details: Other Pdf Text: 01 27/02/2024 EA 546/17 CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) Adv.Kajal Gupta i/b M.V.Kini and Company for plaintiff/DH present. None for JD/defendant. In view of submission of the Ld.Adv. for the plaintiff/DH and order dated 07/02/2023 this EA No.546/2017 does not survive hence disposed off. Judge -- 1 of 1 --
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