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EXECUTION APPLN

THE BOARD OF TRUSTEES OF PORT OF BOMBAYVsMS UNITED STAED LINES AENCIES AND ORS

CNR MHCC01000529201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 23rd January 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100025/2017
Registration Date
12 Jan 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 warrant

    Case History / Proceedings

    Case History
    Date: 20-02-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present. None for Defendant.  For return of Warrant, adjourned to 19/03/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-03-2018
    
    Date: 19-03-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co., Advocate for Plaintiff, present.  For inventory, adjourned to 16/07/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-07-2018
    
    Date: 16-07-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present.  For inventory, adjd to 03/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff present.  On request of Ms. Khandare, for inventory report, adjd to 16/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-10-2018
    
    Date: 24-10-2018
    Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff present. Matter is t.o.b. by way of praecipe, marked as Exh.4.  On request of Ms. Khandare, returnable date of warrants of attachment is extended till 26/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-11-2018
    
    Date: 26-11-2018
    Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff, present.  On request of Ms. Khandare, adjd to 21/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-12-2018
    
    Date: 21-12-2018
    Business: Miss.Vimal Khandare, Advocate for plaintiff present.  On request of Ms.Khandare, returnable date of warrants is extended till 28/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Business: Miss. Vimal Khandare, Advocate for plaintiff present. On request of Ms. Khandare,  adjd to  20/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Business: Miss. Vimal Khandare, Advocate for plaintiff present. On reqeuest of Ms. Khandare, awaiting Sheriff Report, adjourned to 25/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    Business: Ms. Mitali Devkar, advocate for the plaintiff present. On request of Ms. Devkar, adjd to 12/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Shri. Chaitnaya Rane, advocate for the Plaintiff present. On request of Shri. Rane, awaiting inventory, adjd to 30/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: Shri. Chaitnaya Rane, advocate for the Plaintiff present. Matter is taken on board by way of praecipe, taken on record and marked as Exh.05.  On request of Shri. Rane, returnable date of warrant is extended till 30/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-08-2019
    
    Date: 27-06-2019
    Business: Shri. Chaitnaya Rane, advocate for the Plaintiff present. Matter is taken on board by way of praecipe, taken on record and marked as Exh.05.  On request of Shri. Rane, returnable date of warrant is extended till 30/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: Ms. Vimal Khandare, advocate for the Plaintiff present. Ms. Shweta Sadanand, advocate for the defendant present. Matter is taken on board by way of praceipe, marked as Exh.6. Ms. Shweta has tendered Vakalatnama of Ashwin Shankar, advocate for the defendant no.2, marked as Exh.07. Ms. Shweta seeks time to file reply and by consent, adjd to 30/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: Ms. Vimal Khandare, advocate for the Plaintiff present. Ms. Shweta Sadanandan, advocate for the defendant no.2 present. Defendnat present. Ms. Sandanandan has tendered reply, taken on record and marked as Exh-08. Ms. Khandare seeks time to file rejoinder and by consent, adjd to 11/12/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Ms. Bhagyashree Kamat, advocate for the plaintiff present.
    Ms. Shweta Sadanandan, advocate for the defendant no. 02 present.
    Ms. Sadanandan states that the Notice of Motion no.3824/2019, is pending in the Court no.20 and presently adjd to 27/01/2020.
    Hence, both the advocates states that present exe.application be referred to the Honourable Court on 27/01/2020, which has already become contested upon filing reply by the defendant.
    Hence, the matter is hereby submitted to the Honourable Court No.20 on 27/01/2020. office to take steps to assign the matter to the Court No.20. Parties and advocates to appear before the Court No.20 on 27/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: Adv. Vimal Khandare for plaintiff present.
    Adv. Shweta for defendant present.
    Adv. for defendant tendered registered original NM 3824/19 alongwith affidavit.
    On the oral request of Ld. Advocate for plaintiff matter is adjourned for reply.
    Matter adjd for NM Reply on 07/04/2020 at 02.45 pm.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: At. 11.15 am
    Adv. Ms. Sharanya Mahimtura I/b Lexicon Law partners  filed vakalatnama on behlf of  defendant No. 2 present.
    Adv. Vimal Khandare for DH is present.
    Adv. for DH filed reply on affidavit of intervener. t.o.r. O- Read and recorded.
    Adjd for NM hearing to 17/03/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Adv. Vimal Khandare for plaintiff present.
    Adv. Sharanya Mahimtura for defendant No. 2 present.
    No time will be granted to file rejoinder as defendant has received the copy prior to today\''s date. The request of adv. for defendant is rejected.
    Adjd for NM hearing to 16/06/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Board is discharged
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Adv. Ms. Vimal Khandare for Plaintiff present.
    	Adv. Mr. Malcom Applicant present and filed rejoinder.
    	Matter adj. to 29/09/2021 for Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: As the board is discharged, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: AS PO IS ON TRAINING
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2022
    
    Date: 16-04-2022
    Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv Radha Bhandari I/b MV Kini for plff present
    None  for Defendant
    Adv for plff tendered Sur rejoinder t.o.r copy served upon adv for applicant
    Matter is adjd on 16.09.2022 for NM hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: Matter called out at 3.11 pm
    Adv Hrishikesh Guhagarkar for plff present
    Adv Sharanya Mahimtura for defendant present
    Adv for both sides submits that settlement talks are going on and request a date by consent.  Hence, adjd.
    Matter is adjd on 10.11.2022 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: Matter called out at 3.40 pm
    Adv Siddhi More for plff present
    Adv  Sharanya Mahimtura for defendant present
    Both the sides submit that settlement talks are still going on between the parties.  By consent, adjourned.
    Matter is adjd on 19.01.2023 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2023
    
    Date: 19-01-2023
    Business: Matter called out at 2.50 pm
    Adv. Suddhi More I/b M.V. Kini for plff /DH present.
    Adv. Darshil Thakhur for defendant present.
    Adv for plff submits that plff has received proposal for settlement and it is still pending before Cash Supervisor.
    Matter is adjd on 14.03.2023 for NM for Hearing
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Adv. Siddhi More for DH present.
    Adv. Shanaya Mahimtora for JD present.
    Adv. for DH submits that proposal for settlement received from JD is still pending with Dy. Chairman and seeks time.
    Matter is adjd on 12-04-2023 for Nm hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Adv. Siddhi More for plaintiff present.
    None for defendant.
    Matter is adjd on 30-06-2023 for Nm hearing.
    LO at 3.02 pm
    Adv. Sharanya for respondent present.
    Matter is already adjd on 30-06-2023 for Nm hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy in dictating order in N/M No.2908/17,C/S No.1594/2022, NM 969/2023 and SUIT 234/17 hence, second session remaining board is discharged with directions parties may mark their appearance, file necessary application with Sheristedar.
    Matter is adj to 04/08/2023 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2023
    
    Date: 04-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy hearing of other matters and recording evidence in Sessions Case hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Adv.Kajal Gupta i/b M.V.Kini and Company for DH present.
    Adv.Sharanya Mahimtura for JD present.
    Matter is adj to 13/10/2023 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    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 present.
    Adv.Ms.Sharanya Mahimtura i/b Lexicon Law Partners for JD/defendant present.
    Both seeks time to settle the matter.
    Considering submission of both the sides last chance is granted to argue.  Failure of which necessary order will be passed on next date.
    As per request of advocate for DH next date is fixed.
    Matter is adj to 19/12/2023 for argument on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Kajal Gupta i/b M.V.Kini and Company for DH/plaintiff present.
    Adv.Ms.Sharanya Mahimtura i/b Lexicon Law Partners for JD/defendant present.
    On last date matter was adjourn by consent of both the parties today also advocate for DH seeks adjournment on the ground that settlement.  It seems that DH is not interested to get execute the decree.  Hence EA be kept for dismissal for want of prosecution.
    Next date is given at the request of advocate for DH.
    Matter is adj to 23/01/2024 for dismissal.
    Later on at 3.08pm
    Kalpana Pol-Legal Manager of BPT is present.
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Representative of DH/plaintiff name Lobhas Anant Chachad present   along with Adv.Kajal Gupta i/b M.V.Kini and Company for DH.
    Adv.Mr.Krunal Mehta i/b Lexicon Law Partners for JD/defendants present.
    Decree Holder filed pursis marked as Exhibit-9.
    Vide this pursis Decree Holder contends that it has received an amount of Rs.23,25,040.16 from the defendants.  It is also submission of representative of decree holder and its advocate that the DH has waived interest amount vide this settlement.  Defendants have no objection to dispose of the application vide this pursis.  Accordingly the Execution Application No.25 of 2017 disposed off as Decree is fully satisfied.  Accordingly Notice of Motion No.3824 of 2019 also disposed off.
    Nature Of Disposal: OTHER
    Disposal Date: 23-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100526/2018
    Filing Date: 12-01-2017
    First Hearing Date: 20th February 2018
    Decision Date: 23rd January 2024
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    23 Jan 2024
    Order Details: Other
    Pdf Text: 01,13
    23/01/2024
    EA 25/17
    NM 3824/19
    Exh-9
    CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Representative of DH/plaintiff name Lobhas Anant Chachad present
    along with Adv.Kajal Gupta i/b M.V.Kini and Company for DH.
    Adv.Mr.Krunal Mehta i/b Lexicon Law Partners for JD/defendants
    present.
    Decree Holder filed pursis marked as Exhibit-9.
    Vide this pursis Decree Holder contends that it has received an
    amount of Rs.23,25,040.16 from the defendants. It is also
    submission of representative of decree holder and its advocate that
    the DH has waived interest amount vide this settlement.
    Defendants have no objection to dispose of the application vide this
    pursis. Accordingly the Execution Application No.25 of 2017
    disposed off as Decree is fully satisfied. Accordingly Notice of
    Motion No.3824 of 2019 also disposed off.
    Judge
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