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EXECUTION APPLN

THE BOARD OF TRUSTEES OF THE PORT OF BOMBAYVsM-S. GYPSUM FIBRE INDIA LTD

CNR MHCC01000675201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 22nd August 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100435/2015
Registration Date
28 Sept 2015

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: 15-03-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co., Advocate for Plaintiff, present.  For inventory, adjourned to 19/06/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-06-2018
    
    Date: 19-06-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present.  For inventory report adjd 04/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-09-2018
    
    Date: 04-09-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present.  On request of Ms. Agarwal issue letter to the office of Dy. Sheriff of Mumbai, for submitting inventory report in respect of warrants of attachment issued on 19/10/2016. For inventory adjd to 25/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff present.  On request of Ms. Khandare adjd to 20/12/2018.  Ms. Khandare undertakes to take follow-up with the office of Sheriff of Mumbai in respect of inventory of the warrants of attachment issued earlier.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-12-2018
    
    Date: 20-12-2018
    Business: Ms.Vimal Khandare, Advocate for Plaintiff present.  On request of Ms.Khandare, awaiting inventory, adjourned to 06/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Miss. Vimal Khandare, Advocate for plaintiff present. On request of Ms. Khandare, awaiting inventory, adjourned to 26/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff, present.  Ms. Khandare has tendered original warrants of attachment u/o.XXI Rule 54 of CPC alongwith non-execution report endorsed thereon, t.o.r. and marked as Exh.4 and 5 respectively.  Hence, on request of Ms. Khandare for taking further steps, adjd to 03/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Miss. Vimal Khandare, Advocate for plaintiff present.  On request of Ms. Khandare, 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 23/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Ms. Vimal Khandare, advocate for the Plaintiff present. On request of Ms. Khandare, adjd to 15/11/2019. It is made clear to Ms. Khandare, that in the meeting held by the Honourable Chief Justice of High Court, Bombay, with the Principal District Judges of the State, it has been directed that in the exe.application if the whereabouts of the defendants or the properties of the defendants are not known, in such cases exe.applications be disposed off granting liberty to decree-holder to file fresh exe.application  within limitation period, as soon as whereabouts of the defendants or the defendants property is traced out by the decree holder.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Ms. Vimal Khandare, advocate for the plaintiff present.
    On request of Ms. Khandare, adjd to 06/02/2020, by way of last chance for taking necessary steps, making it clear that, on failure to take steps before the next date, the matter will be disposed off in view of provisions of Rule166 of Bombay City Civil Court Rules, 1948.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Ms. Bhagyashree Kamat, advocate for the plaintiff present.
    Ms. Kamat states that the plaintiff is in process of taking necessary further steps, and on her request, adjd to 01/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 19-12-2020
    
    Date: 19-12-2020
    Business: Ms.Vimal Khandare, Advocate for Plaintiff present.
    On request of Ms.Khandare, for furnishing details of Chamber Summons taken out in the matter, adjourned to 03/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Ms. Vimal Khandare advocate for plaintiff present.
    On request of Ms. Khandare matter is hereby submitted to the Honourable  Court as per assignment on 09/02/2021, as Ms. Khandare intends to take out Chamber summons in the matter.
    Office to take steps to assign this matte to Honourable Court.
    Parties and advocates to appear before the Court on 09/02/2021, as may be assigned.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Adv. Bhagyashree Kamath for DH present.
    Adv. for DH filed draft chamber summons along with affidavit in support O- Leave granted to register chamber summons.
    Adjd for compliance to 04/05/2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: Due to COVID-19 matter adj. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Adv. Khandare present for Plaintiff
    EA 435/15	She tendered original 518/21.
    	Matter adj. to 29/10/2021 for Reply on CS.
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Court is Vacant.
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: Court is Vacant.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: AS PO IS ON TRAINING, HENCE MATTER ADJT TO 17-06-2022
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: Matter called out at  3.17 p.m.
    Adv Hrishikesh Guhagarkar I/b MV Kinni and Co. for plaintiff DH present.
    None for def
    Adv for plff tendered Service affidavit t.o.r.
    
    Matter is adjd on 30.07.2022 for Reply on Ch/s.
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: Matter called out at 3.48 pm
    Adv Hrishikesh Guhagarkar a/w Radha Bhandari I/b MV Kini and Co. for plff DH present
    None for Defendant
    Adv for plff DH seeks time to serve Ch/s.
    Matter is adjd on 23.09.2022 for C/S Reply
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Adv Hrishikesh Guhagarkar I/b MV Kini and Co. for plff DH present
    None for defendant
    Court is busy in recording evidence in sessions cases and hearing argument in Sessions case No. 603/19.  Hence, matter is adjourned.
    Matter is adjd on 21.11.2022 for C/s Reply
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv Siddhi More for DH present
    None for defendant
    Adv for plff tendered service affidavit t.o.r.  Service is not complete.  Plff DH to take further steps.
    Matter is adjd on 18.01.2023 for C/s Hrg
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: Matter called out at 3.23 pm
    Adv Siddhi More for plff present
    None for defendant
    Matter is adjd on 18.02.2023 for C/s  Hrg
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: Adv. Siddhi More for DH present and seeks time.
    Matter is adjd on 17-03-2023 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: Adv More for the plaintiff is present and tendered draft Ch/s with supporting affidavit. O- Leave is granted to register the Ch/s.  Copy be served upon the other side.
    Matter is adjd on 20.04.2023 for Ch/s reply
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: Adv.Siddhi More for plaintiff present and tendered registered Ch/s 687/23 along with affidavit in support. TOR. She seeks time to serve copy upon other side.
    Matter is adjd on 06-07-2023 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Siddhi More for plaintiff present.   She tendered unserved copy of C/S No.687/2023.
    None for defendant.
                ORDER ON CHAMBER SUMMONS NO.687/2023.
             The C/S is taken for amendment the name of plaintiff/DH.  To fortified his contention of the plaintiff he has filed copy of Gazatte of India dated 31/01/2022.  In view of the said Gazatte there is no hardle to allow C/S.  Accordingly, Chamber Summons No.687/2023 is allowed in terms of prayer clause (a) and (b).  Applicant to carry out amendment within 14days from this order and file amended copy of Execution Application forthwith.
    Matter is adj to 22/08/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    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.  She filed application to withdraw the Execution Application along with email sent by the plaintiff/Decree Holder T.O.R marked as   Exh-2.
                           ORDER ON EXHIBIT-2
    EA No.435/2015 is disposed off as withdrawn.
    In view of the withdrawal of EA C/S No.518/2021 is disposed off.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 22-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100709/2018
    Filing Date: 28-09-2015
    First Hearing Date: 15th March 2018
    Decision Date: 22nd August 2023
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    22 Aug 2023
    Order Details: Other
    Pdf Text: 07,68
    22/08/2023
    EA 435/15
    CS 518/21
    Exh-2
    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.
    She filed application to withdraw the Execution Application along
    with email sent by the plaintiff/Decree Holder T.O.R marked as
    Exh-2.
    ORDER ON EXHIBIT-2
    EA No.435/2015 is disposed off as withdrawn.
    In view of the withdrawal of EA C/S No.518/2021 is disposed off.
    Judge
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