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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

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay 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

    1
    Final Order 1
    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
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