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EXECUTION APPLN

AUSTRIAN AIRLINES AG OFFICEVsLALITABEN S. PATEL

CNR MHCC01000612201885-COURT NO 85 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100282/2017
Registration Date
03 Jul 2017
Next Hearing Date
23 Sept 2026
Case Stage
C/S HEARING

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: 05-03-2018
    Business: Ms.Snehal Dukhle, h/f Mehul Shah, Advocate for Plaintiff present.  Ms. Dukhle seeks time of two weeks to execute the Warrant u/o XXI rule 43.  Hence, adjourned to 19.03.2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-03-2018
    
    Date: 19-03-2018
    Business: Parties and Advocate absent.  Adjd to 18.04.2018
    Next Purpose: FOR___________________
    Next Hearing Date: 18-04-2018
    
    Date: 18-04-2018
    Business: Mr.Saurabh Nagarsheth, Advocate for plaintiff present. On request shri. Nagarsheth for taking instructions in respect of execution of warrant under order XXI Rule 43 of CPC, adjourned 03/05/2018
    Next Purpose: FOR___________________
    Next Hearing Date: 03-05-2018
    
    Date: 03-05-2018
    Business: Ms. Snehal Dukhale  Advocate for Plaintiff present. Inventory report bearing No. VNT/A-47862/294/2018 under this office inward No. 1859 Dated 14/02/2018 is taken on record and marked as exhibit 4. Ms. Dukhale files application for issue of warrant of sale of immovable property, the same is taken on record and marked as exhibit 5. However, as the Registrar has no power to issue warrant of sale, matter is submitted to the Hon\'ble Court 11/06/2018
    Disposal Date: 03-05-2018
    
    Date: 11-06-2018
    Business: Adv. Mr. Saurabh Nagarsath for DH present.
    None for JD.
    Matter is adj. to 06/08/2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 06-08-2018
    
    Date: 06-08-2018
    Business: None for D.H.
    None for J.D.
    Matter is adjd. to 06/09/2018 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 06-09-2018
    
    Date: 06-09-2018
    Business: Adv. Snehal Dukale for D.H./Plaintiff present.
    None for J.D./Defendant.
    Matter is adjd. to 04/10/2018 for hearing on the issuance of warrant of sale of immovable property on next date.
    Next Purpose: HEARING
    Next Hearing Date: 04-10-2018
    
    Date: 04-10-2018
    Business: Adv. Snehal Dubey h/f Adv. Shah for D.H. present.
    None for J.D.
    Advocate for plaintiff has requested for issuance of warrant of sale of immovable property.
    It appears that no notice has been issued against the J.D. on that application hence, Issue showcause notice to the J.D. as to why the immovable property attached, should not be sale.
    Notice returnable on 29/10/2018.
    Matter is adjd. to 29/10/2018 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 29-10-2018
    
    Date: 29-10-2018
    Business: Adv. Abhishek for D.H. present.
    None for J.D.
    Advocate for D.H. has filed affidavit of service, service is not completed.
    Hence D.H. to take the steps.
    Matter is adjd. to 10/01/2019 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-01-2019
    
    Date: 10-01-2019
    Business: Adv. Abhishek Nikhare  for D.H.
    None for JD
    Advocate for DH has submitted that no notice is served upon the JD on his two addresses, and he seeks time for taking the appropriate action, hence case is adjourn for  taking the steps.
    Matter is adjd. to 08/02/2019 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 08-02-2019
    
    Date: 08-02-2019
    Business: Adv. Chitali Jadhav for D.H. present.
    None for J.D.
    Matter is adjd. to 08/03/2019 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 08-03-2019
    
    Date: 08-03-2019
    Business: Adv. Chaitali Jadhav for D.H. present.
    None for J.D.
    Advocate for D.H. has filed application for substitute service, TOR.
    Order  Kept for hearing.
    Matter is adjd. to 23/04/2019 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Next Purpose: HEARING
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: court is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 16-08-2019
    
    Date: 16-08-2019
    Business: P.O is on training. Adjd to 25/9/19
    Next Purpose: HEARING
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Adv. Astekar for DH present.
    Adjd. to 08.11.2019 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Court is vacant
    Next Purpose: HEARING
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Adv. Ms. Snehal present for the DH.
    None present for the deft.
    Adj. For Hearing on substituted service application on 07/02/2020.
    LO 3.00pm.
    Adv. Shubhangi Astekar Present for the DH.
    Heard.
    O- The RPAD envelop containing notice u/o.22 R. 22 returned unclaimed. Thus the JD is avoidably service of notice. Hence the notice for service by substituted made of pasting on the consequentious place of the address of the JD and also by publication in the news papers one is English and other in Hindi of prayed in the application.
    Adj. For Service on 07/02/2020
    Next Purpose: HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Chaitali Jadhav for DH.
    Time is extended for substituted service.
    Adjd for service 28-04-2020
    Next Purpose: SERVICE
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 29-06-2020
    
    Date: 29-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: Adv. Chaitali Jadhav for decree holder.
    None for J.D.
    As per order dated 11.12.2019 the bailiff to comply the service of notice by substituted mode under Order V Rule 20 of pasting on the conspicuous place of the address of judgment debtor.  The bailiff shall be under obligation to comply the order of pasting as above.  However given the pandemic phase and the SOP as directed by the Hon\''ble High Court, the pasting of notice be executed after the SOP permits passing of adverse orders for the absence of party.
    Adjd. to 08.03.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. Snehal for plaintiff.
    Adjd for service to 06-05-2021
    Next Purpose: SERVICE
    Next Hearing Date: 06-05-2021
    
    Date: 06-05-2021
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: As per office order dated 12/10/2021
    Next Purpose: SERVICE
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to 17/03/2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv. Abhishek for DH present.
    None for JD.
    He filed service affidavit of paper publication. TOR marked                    as Exh. 2.
    Matter is adjd. for service to 05-07-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Adv. Dipti Thosar For D.H. present.
    None present for J.D.
    Adjd to 03/10/2022 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: As court is vacant.
    Next Purpose: SERVICE
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: Adv.Chaitali Jadhav present for D.H.
    None for J.D.
    On perusal of rozanama dated 18-04-2018, the warrant of attachment of movable property under Order 21 Rule 43 and 54 was issued however, the reference of order for attachment under Order 21 Rule 54 is not mentioned in Roznama. The attachment of movable properties the sheriff has submitted report regarding the  attachment of immovable property i.e. flat no. 44, NCP apartment, Nariman point, Mumbai. No order of attachment of movable property was complied in this regard, hence, it will be proper to execute first the warrant of movable as per Order dated 18-04-2018. hence, re-issue warrant under Order 21 Rule 43 for attachment for movable belongs to the JD on filing of list of Article by DH.
    Matter stands adjourned for compliance on 21-08-2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-07-2023
    
    Date: 31-07-2023
    Business: By praecipe.
    NOB-TOB
    Adv.Chaitali Jadhav present for DH, tendered original report of bailiff TOR marked as Exh.3 and Exh.4-Colly. The report shows that the address of defendant is locked so the order of execution can not be executed. The another report shows that the property was attached, however, as per the record there was no order on record, hence, re-issue warrant under Order 21 Rule 54 of CPC, for attachment of immovable property.
    None present for JD.
    Matter is already stands adjourned 21-08-2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: None present.
    KB
    L.O. at 12.50 pm.
    None present
    KB.
    L.O. at 3.00 pm.
    Adv.Chaitali Jadhav present for DH.
    None present for JD.
    As per the order on Exh.1 dated 27-07-2017, the order of attachment under rule 54 al ready has been issued and executed, however, the attachment of movable property under rule 43 is yet to be executed, hence, the warrant under order  21 rule 43 for  attachment of movable property stands extended till the next date.
    Matter stands adjourned for compliance on 09-11-2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: P. O. is on Leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-01-2024
    
    Date: 05-01-2024
    Business: None present.
    KB.
    L.O. at 12.30 pm.
    Adv.Chaitali Jadhav Present for DH.
    None present for JD.
    KB.
    L.O. at 3.05 pm.
    Adv.Chaitali Jadhav Present for DH.
    None present for JD.
    Heard.
    Perused the report of bailiff dated 17-10-2023, the JD has rented the premises to some unknown person, therefore warrant under order 21 Rule 43 of CPC could not be executed. The record shows that as per Order dated 27-07-2017, the flat belongs to JD order to be attached and as per report dated 06-02-2018, the flat came to be attached by the Sheriff of Mumbai. The JD is absent since long, failed to pay the amount under the decree. Hence, issue warrant against JD under Order 21 Rule 64 of CPC, in respect of the property attached.
    Matter stands adjourned for compliance on 28-03-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: None present.
    Matter stands adjourned for compliance on 06-07-2024.
    L.O. at 1.15 pm.
    Adv. Chaitali Jadhav present for Decree Holder, Seeking extension of
    time. Time is granted.
    None present for Judgment Debtor.
    Matter is already adjourned for compliance on 06-07-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-07-2024
    
    Date: 06-07-2024
    Business: P. O is on Leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-07-2024
    
    Date: 10-07-2024
    Business: Adv.Harvinder Kaur Rogi  present for Decree Holder.
    None present for Judgment Debtor. Seeking extension of time. Time is granted.
    Matter stands adjourned for compliance on 30-09-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-09-2024
    
    Date: 30-09-2024
    Business: Adv. Harvinder Kaur Rogi present  for plaintiff. Seeking extension of time. Time is granted.
    None present for defendant.
    Matter stands adjourned for compliance on 18-12-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-12-2024
    
    Date: 18-12-2024
    Business: None present.
    Kept back.
    Later on at 12.30 pm.
    Adv. Harvinder Kaur present for Decree Holder. Seeking extension of  time. Time is granted.
    None present for defendant.
    Matter stands adjourned for compliance on 05-03-2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-03-2025
    
    Date: 05-03-2025
    Business: COURT IS VACANT
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-03-2025
    
    Date: 28-03-2025
    Business: Adv Dhvani Sheth present for decree holder.
    Respondent side called, but absent.
    Exh. 05   - Application for extension of time.
    O- Allowed.
    Time extended as prayed.
    Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
    Suit adjourned to 18-06-2025 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-06-2025
    
    Date: 18-06-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Matter pertains to CR. No.84
    Adv. Suyesha Kakarla i/b Economic Laws Practice for decree holder is present and filed Vakalatnma along with no objection of earlier advocate. TOR and marked as Exh-6.
    Judgment debtor and his advocate are absent.
    Matter is adj to 30.07.2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-07-2025
    
    Date: 30-07-2025
    Business: Office of the commissioner for taking account High Court Judicature at Bombay, inward No.11133 dated 04-07-2025 TOR marked as Exh. 07.
    Adv. Mihir Rathod i/b Economic Laws Practice present for Decree Holder, tendered application for restoration of the execution application removed from board of commissioner for taking account on ground of Non-prosecution TOR marked as Exh.08.
    None present for Judgment Debtor.
    The application for restoration of Execution before commissioner is allowed, subject to costs of Rs.700/- to be paid to DLSA, Mumbai.
    Matter stands adjourned to 25-09-2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-09-2025
    
    Date: 25-09-2025
    Business: None present.
    Kept back.
    Later on at 11.55 am
    Adv. Dhruvi Patel  Decree Holder.
    None present for Judgment Debtor.
    Costs is not paid.
    Matter stands adjourned to 30-10-2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-10-2025
    
    Date: 30-10-2025
    Business: P. O. is on Leave. Hence, matter is adjd to.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-12-2025
    
    Date: 03-12-2025
    Business: Adv. Suyesha kakarla i/b  Economic Laws present for Decree Holder.
    tendered Draft Notice of Motion along with affidavit TOR.
    O-Leave granted to register.
    Matter stands adjourned to 21.01.2026 Service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-01-2026
    
    Date: 21-01-2026
    Business: P. O. is on leave. Matter is adjd to.
    Next Purpose: SERVICE
    Next Hearing Date: 10-02-2026
    
    Date: 10-02-2026
    Business: P. O. is on leave. Hence, matter is adjd to.
    Next Purpose: SERVICE
    Next Hearing Date: 21-02-2026
    
    Date: 21-02-2026
    Business: None present.
    The age of the E.A. is nearly 10 years it is reflected under the caption of service.
      Perused the rosnama it appears Chamber Summons was tendered as per roznama dated 03-12-2025 which is wrongly mentioned as Notice of Motion hence, Chamber Summons be sent for registration.
    Matter stands adjourned to 13-03-2026  for reply/hearing on
    Chamber Summons.
    Later on at 1.30 PM.
    Adv. Chandrama Raje present for Decree Holder.
    Next Purpose: HEARING
    Next Hearing Date: 13-03-2026
    
    Date: 13-03-2026
    Business: P. O. is on leave matter. Hence, matter is adjd to.
    Next Purpose: HEARING
    Next Hearing Date: 15-04-2026
    
    Date: 15-04-2026
    Business: P.O. is on Leave. Hence, matter is adjd to.
    Next Purpose: HEARING
    Next Hearing Date: 02-05-2026
    
    Date: 02-05-2026
    Business: As the court is busy in dictating a part-judgment in Suit No. 6944/2005 and in Commercial Suit 398/2024 hence, rest of the Civil Board stands discharged.
    Next Purpose: HEARING
    Next Hearing Date: 02-07-2026
    
    Date: 02-07-2026
    Business: None present.
    Matter stands adjourned to 06-08-2026 for  Chamber Summons
    hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-08-2026
    
    Date: 06-08-2026
    Business: P. O. is on leave. Hence, matter is adjd to.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-08-2026
    
    Date: 28-08-2026
    Business: Adv. Chandrama Raje i/b Economic Law Practice Decree Holder.
    Chamber Summons is not get register due to objection.
    Decree Holder to get register the draft Chamber Summons by removing of objection.
    Matter stands adjourned to 23-09-2026 for Chamber Summons
    hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100655/2018
    Filing Date: 03-07-2017
    First Hearing Date: 05th March 2018
    Court Number And Judge: 85-COURT NO 85 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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