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EXECUTION APPLN

THE BOARD OF TRUSTEES OF THE PORT OF BOMBAYVsM-S. INDUSTRIAL TUBE CONTAINER

CNR MHCC01000696201859-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
100422/2015
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: 13-03-2018
    Business: Parties and Advocate absent.  It appears from the record that warrants of attachment are already issued on 17/02/2017.  Hence, issue letter of request to the Dy. Sheriff calling the status of warrants of attachment for disposal of Execution Application, returnable on 02/05/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-05-2018
    
    Date: 02-05-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present.  On request of Ms. Agarwal, for submission of inventory, adjourned to 30/07/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-07-2018
    
    Date: 30-07-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present.  For Inventory report, adjd to 19/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-08-2018
    
    Date: 09-08-2018
    Business: Not on board. Taken on board by way of praecipe, marked as Exh.4. Parties and Advocate absent, adjd to 19/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-09-2018
    
    Date: 19-09-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present.  Original warrants u/o.XXI Rule 43 and 54 against Defendant Nos.1 and 2 alongwith service report endorsed thereon, tendered by Ms. Agarwal, are t.o.r. and marked as Exhs.5 to 8.  On request of Ms. Agarwal for taking further steps for issuance of sale warrant, adjd to 12/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-10-2018
    
    Date: 12-10-2018
    Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff present.  On request of Ms.Khandare for taking steps in respect of issue of Warrant of Sale, adjourned to 03/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-12-2018
    
    Date: 03-12-2018
    Business: Ms.Vimal Khandare I/b. M/s. M. V. Kini and Co. Advocate for plaintiff present.  On request of Ms.Khandare, for taking necessary steps fo issuance of warrant of sale, adjourned to 11/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: Miss. Vimal Khandare, Advocate for plaintiff present. On request of Ms. Khandare, adjourned to 19/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Parties and Advocate absent, adjd to  20/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-06-2019
    
    Date: 20-06-2019
    Business: Shri. Chaitnaya Rane, advocate for the Plaintiff present. On request of Shri. Rane, adjd to 30/09/2019, for taking further steps.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: Ms. Vimal Khandare, advocate for the Plaintiff present. In this matter no steps have been taken to place on record the inventory/Sheriff Report in respect of execution of warrant of attachments u/o.XXI Rule 43 and 54  of CPC, issue on 17/02/2017and as such considering the provision of Rule 166 of Bombay City Civil Courts Rules, 1948, office to issue notice  to the plaintiff, returnable on 16/12/2019, to show cause as to why matter should not be disposed off for want of taking steps, after issuance of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Ms. Vimal Khandare, advocate for the plaintiff present.
    On request of Ms. Khandare, adjd to 17/02/2020, for taking further steps, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Ms. Bhagyashree Kamat, advocate for the plaintiff present.
    On request of Ms. Kamat, adjd to 08/06/2020, as the plaintiff is prepared to take out Chamber Summons in the matter.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 20-07-2020
    
    Date: 20-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Adv. Bhagyashri Kamat for plaintiff/decree holder present.
    None Present for the Deft.
    Ld Advocate for the Plff/decree holder submitted that draft CS alongwith affidavit is already filed before Registrar Court. Today it is taken on record. O-seen.
    Order- Heard Advocate of the plff/decree holder. Leave granted. CS be registered. Copy be served be served to otherside. Service affidavit be filed.
    Matter adjd for tendering registered CS alongwith affidavit and service affidavit on 03/02/2021.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Adv. Vimal Khandare for DH present.
    Adv. for DH filed original Ch/s No. 194/21 along with affidavit in support. t.o.r
    None for JD.
    Adjd for Ch/s reply to 01/03/2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Adv. Vimal Khandare for DH present.
    None for J.D.
    Affidavit of service of chamber summons. t.o.r.
    Adjd for Ch/s reply to 23/06/2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: Adv Ms. Bhagyashri Kamat present for Plaintiff.
    422/15	None present for Defendant.
    The plaintiff to take steps against def. no. 1 in ch/s 194/21.
    	Matter adj. for steps and order against def. 2 in ch/s to 01/10/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: Court is vacant
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Court is Vacant.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: As Court is Vacant Board discharged adj. to
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: P.O. is in Training
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: None for plff DH
    None for defendant JD
    Matter is adjd on 11.10.2022 for Ch/s Reply
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Matter called out at 3.22 pm
    None for plff
    None for defendant
    Matter is adjd on 06.12.2022 for C/s Reply
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: Matter called out at 4.09 pm
    None present
    Matter is adjd on 31.01.2023 for C/s Reply
    Next Purpose: C/S REPLY
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: Adv. Siddhi More for plaintiff present.
    Adv. for plaintiff requests time to file Ch/s for amendment. O- Granted.
    Matter is adjd on 16-03-2023 for ch/s hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-03-2023
    
    Date: 16-03-2023
    Business: vAdv. Siddhi More I/b Sapana for DH present and tendered draft Ch/s along with supporting affidavit. O- Leave is granted to register the same.
    Copy be served upon other side.
    None for JD.
    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 686/23 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.686/2023.
    None for defendant.
                ORDER ON CHAMBER SUMMONS NO.686/2023.
             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.686/2023 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.422/2015 is disposed off as withdrawn.
    In view of the withdrawal of EA C/S No.194/2021 is disposed off.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 22-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100708/2018
    Filing Date: 28-09-2015
    First Hearing Date: 13th 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: 06,66
    22/08/2023
    EA 422/15
    CS 194/21
    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.422/2015 is disposed off as withdrawn.
    In view of the withdrawal of EA C/S No.194/2021 is disposed off.
    Judge
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