Smt. Premlata Indrakumar Gupta (Widow) Ravi Indrakumar Gupta (Son)VsThe Board of Trustees of the Port Bombay

Date: 27-01-2020
Business: Ms. Saloni Jain, advocate for the plaintiff present.
On request of Ms. Jain, issue notice before execution, returnable on 28/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Shri. E. Diamondwala Advocate for plaintiff present.
Shri Zeeshan Sayyad Advocate for defendant present.
Shri. Sayyad seeks time to file reply stating that copy of exe.application has not been served upon defendant and also undertakes to file vakalatnama for defendant on next date.
Shri Diamondwala advocate for plaintiff undertakes to furnish copy of exe.application to defendant within short period.
Hence, by consent adjourned to 27/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 10-07-2020

Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Ms. Huda Diamondwala advocate for plaintiff present.
Exe application marked as Exh.A(Colly.)
Ms. Diamondwala has tendered affidavit of service, t.o.r. and marked as Exh.B.
On request of Ms. Diamondwala adjourned to 29/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Shri Diamondwala advocate for plaintiff present.
None for defendant.
On request of Shri Diamondwala, for submitting service report of Notice issued against defendant, adjourned to 09/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Ms. Huda Diamondawala advocate for plaintiff present.
On request of Ms. Diamondawala issue fresh notice against defendant returnable on 08/03/2021.
On request of Ms. Diamondwala private service allowed.
Next Purpose: FOR___________________
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Parties and advocate are absent adjourned to  01/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Parties and advocate are absent adjourned to 10/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 02/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: None for Plaintiff.
Shri Zeeshan Sayyad, Advocate for Defendant present.
On request of Shri Sayyad, for filing of Vakaltnama for defendant and for reply of Defendant, adjourned to 30/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Shri A. Diamondwala advocate for plaintiff present.
Ms. Vedangi Satham advocate for defendant present.
Ms. Satham seeks time to file vakalatnama and reply of defendant.
Shri Diamondwala objects.
However, upon hearing both the advocates, in the interest of justice, last chance granted for defendant to file reply and matter adjourned to 11/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Shri A. Diamondwala advocate for plaintiff present.
Ms. Harsha Asnani, i/b. Law Point Advocates for defendant present.
Ms. Asnani states that defendant has change the advocate and M/s. Law Point have been instructed to appear in the matter and seeks time to take instructions and to file vakalatnama and reply.
Shri Diamondwala objects.
However, upon hearing both the advocates, in the interest of justice, last chance granted for defendant to file vakalatnama and reply and matter adjourned to 21/10/2021, by making it clear that on failure to file reply on next date appropriate orders will be passed.
Next Purpose: FOR___________________
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Ms. H. Diamondwala advocate for plaintiff present.
Shri Basu advocate for defendant present.
Ms. Basu tendered vakalatnama of The Law Point, advocates for defendant t.o.r and marked as Exh.C.
Shri Basu has also tendered Pursis annexing therewith documents mentioned in the Pursis, t.o.r and marked as Exh.D (Colly.).
Ms. Diamondwala seeks time to take instructions and by consent matter adjourned to 22/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Shri A. Diamondwala, Advocate for plaintiff present.
Ms.Harsha Asnani, Advocate for Defendant present.
Ms.Asnani states that during pendency of Suit in the Honourable High Court, defendant has deposited certain amount in the Honourable High Court, and the said amount appears to have been transferred to the office of this Court upon transfer of Suit to this Court.  Ms.Asnani further states that defendant will pay rest of the amount as per decree to the plaintiff.
Shri Diamondwala states that he will furnish the name of concerned to the advocate for defendant, as to on whose name payment should be made.
Hence, by consent, matter adjourned to 01/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Shri Diamondwala, advocate for plaintiff present.
Ms. Harsha Asnani advocate for defendant present.
Shri Diamondwala prays that the amount deposited in the court during pendency  of suit with accrued interest thereon till date be allowed to be withdrawn by the plaintiff in pursuance of decree passed in favour of plaintiff.
Ms. Asnani has no objection for the same and she further assures that the defendant will pay the balance amount remained to be paid to the plaintiff.
In view of this plaintiff is hereby permitted to withdraw the amount deposited in the Court during pendency  of suit with accrued interest thereon till date.
PLA Section to take note and upon receipt of application from the plaintiff for withdrawal of the said amount, the same shall be processed as per rule.
Hence, by consent matter adjourned to 05/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Shri M. Diamondwala advocate for plaintiff present.
Shri Basu advocate for defendant present.
Shri Basu states that defendant has paid the balance amount in the office of this Court.
Shri Diamondwala confirms the same, however, he submits that there are some administrative difficulties for withdrawal of the amount and seeks time to file appropriate application to amend the exe.application.
Hence, On request of Shri Diamondwala matter adjourned to 14/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 14/02/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Shri A. Diamondwala, advocate for plaintiff present.
Shri Gaurav Jain, advocate for defendant present.
Shri Diamondwala tendered application for amendment and for withdrawal of amount by applicant No.2 t.o.r and marked as Exh.E.
For the present application to the extend of amendment is allowed and after amendment is carried out prayer for withdrawal of amount by applicant No.2 will be considered.
On request of Shri Diamondwala for carrying out amendment, matter adjourned to 25/02/2022.
Next Purpose: FOR___________________
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Shri A. Diamondwala, Advocate for Plaintiff present.
Shri Basu, Advocate for defendant present.
Shri Diamondwala states that the amendment has been carried out and prays that the amount lying in this office with accrued interest thereon (being deposited during pendency of Suit and paid by defendant during pendency of present Exe.Application), be allowed to be withdrawn by applicant Ravi Indrakumar Gupta.
Shri Basu has no objection.
Prayer of Shri Diamondwala is allowed
Shi Diamondwala states as nothing survives in the Exe.Application the same be marked as disposed off and accordingly Exe.Application stands disposed off.
Nature Of Disposal: OTHERWISE
Disposal Date: 25-02-2022

Main Case No: SUIT/0110350/1988
Main Cnr: MHCC010004831988
Main Filing No: 111447

Filing Number: 100157/2020
Filing Date: 10-01-2020
First Hearing Date: 27th January 2020
Decision Date: 25th February 2022
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI