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EXECUTION APPLN

THE BOARD OF TRUSTEES OF THE PORT OF MUMBAIVsFRENCH DYES AND CHEMICALS -IND- LTD. +2 more

CNR MHCC010007002018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 25th July 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100356/2015
Registration Date
06 Aug 2015

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    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 21/06/2016.  Hence, issue letter of request to the Dy. Sheriff calling the status of warrants of attachment for disposal of Execution Application, returnable on 02/04/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-04-2018
    
    Date: 02-04-2018
    Business: Parties and Advocate absent.  Adjourned to 27/06/2018, awaiting status report of warrant.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-06-2018
    
    Date: 27-06-2018
    Business: Parties and Advocates absent, adjourned to 21/08/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-08-2018
    
    Date: 21-08-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present.  On request of Ms. Agarwal, adjd to 01/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-11-2018
    
    Date: 01-11-2018
    Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff present.  On request of Ms. Khandare, adjd to 19/01/2019, for submission of inventory.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-01-2019
    
    Date: 19-01-2019
    Business: Miss. Vimal Khandare Advocate for plaintiff present.  Miss. Khandare, has tendered original warrants u/o. XXI Rule 43 and 54 of CPC, alongwith non execution report endorsed thereon, taken on record and marked as Exh. 5 and 6 respectively. On request of Ms. Khandare, for taking further steps to find out properties of the defendant, adjourned to 02/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: Miss. Mitali Divekar, advocate for plaintiff present. On request of Ms. Divekar, 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, to find out present whereabouts of the defendant\''s property.
    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 21/06/2016 and 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 21/03/2020, as the plaintiff is prepared to take out Chamber Summons in the matter.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: As Court is on leave, board discharged and matter, adjd to 20/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    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 filing an application for amendment in Column J of Exe.Application, 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 for filing application for amendment adjourned to 08/04/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Ms. Bhagyashree Kamat advocate for plaintiff present.
    As court is on leave, board discharged and matter adjourned to 16/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 03/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Ms. Bhagyashri Kamat advocate for plaintiff present.
    On request of Ms. Kamat adjourned to 11/10/2021,for taking steps.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Parties and Advocate absent matter adjourned to 02/12/2021, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Ms. Nishka Shetty advocate for plaintiff present.
    Though last chance is granted to file an application for amendment, Ms. Shetty earnestly request of some more time and considering her request, in the interest of Justice, matter adjourned to 04/02/2022, by making it clear that if no application for amendment is tendered on 04/02/2022, exe.application will be dismissed.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: In view of Office Order No.22 of 2022, matter adjourned to 28/02/2022, earlier orders to continue.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Ms. Nishka Shetty, advocate for plaintiff present.
    Ms. Shetty, states that on the warrant u.o,XXI, Rule 54 of CPC, dated 21/06/2016, wrong bailiff report has been pasted in respect of execution of the said warrant.
    In view of this issue letter to the office of Sheriff of Mumbai, to submit correct report in respect of the said warrant by furnishing the office of Sheriff of Mumbai with the copy of warrant with copy of bailiff report pasted thereon.
    For the present awaiting correct Sheriff report, matter adjourned to 27/04/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: Shri Hrishikesh Guhagarkar, Advocate for plaintiff present.
    None for defendant.
    Letter bearing No.VNT/19513/265/2022, dated 09/03/2022, alongwith fresh report of Bailiff attached therewith received from office of Sheriff office of Mumbai under this officer Inward No.3074 dated 11/03/2022, t.o.r and marked as Exh.7(Colly.).
    As per report warrant could not be executed.
    Hence, on the request of Shri Guhagarkar to find out present whereabouts of the defendant and its property, matter adjourned to 14/07/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Shri Hrishikesh Guhagarkar advocate for plaintiff present.
    On request of Shri Guhagarkar, for filing of amendment application matter adjourned to 12/09/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: As Court is on leave, board discharged and matter adjourned to 03/10/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Shri Hrishikesh Guhagarkar advocate for plaintiff present.
    Shri Guhagarkar seeks adjournment, on the ground that the concerned office of the Plaintiff is on leave.
    Such ground is not tenable and considering the fact that the matter is old one, the same is adjourned to 21/10/2022 under the caption dismissal.
    Shri Guhagarkar is instructed to inform his client accordingly.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: Shri Hrishikesh Guhagarkar advocate for plaintiff present.
    Shri Chandiramani, Assistant Manager of B.P.T., plaintiff present.
    Shri Guhagarkar states the new address of the defendant has been found.
    Officer of the plaintiff confirms the same, however, seeks time to complete necessary office procedure, to file application for amendment.
    Matter is lingering since long, however, on earnest request of officer of the plaintiff, adjournment granted, by making it clear that on failure to file application for amendment on next date, matter will be dismissed.
    Matter adjourned to 06/12/2022, without change of caption.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: Ms. Siddhi More advocate for plaintiff present.
    Ms. More seeks adjournment stating that approval to file application for amendment is still awaited from the Board and as such, on request of Ms.More, adjourned to 31/01/2023, without change of caption.
    Next Purpose: DISMISSAL
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: Ms.Siddhi More, Advocate for plaintiff present.
    Shri Chandiramani, employee of plaintiff present.
    Ms. More tendered amendment application t.o.r. and marked as Exh.8
    Amendment application is allowed.
    Amendment be carried out within 14 days from today and notice after amendment be issued returnable on 20/03/2023.
    Matter to appear on board without change of caption.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: Ms. Siddhi More, advocate for plaintiff present.
    Original notice returned unserved with bailiff report pasted thereon, received from the office of Dy.Sheriff of Mumbai, t.o.r. marked as Exh-9.
    Considering the said fact, though no effective steps could be taken for execution of decree, Ms. More seeks adjournment stating that the subject matter is under consideration with the concerned higher officials of the plaintiff.
    Hence, on request of Ms. More matter adjourned to 24/04/2023, without change of caption.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: Ms. Siddhi More, Advocate for Plaintiff present.
    Ms. More seeks adjournment stating that the matter is still under consideration with the concern higher officials of the plaintiff.
    Hence, on request of Ms. More matter adjourned by way of last chance to 17/06/2023 with direction that the concern Official of the plaintiff to remain present before this court on next date.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: As Court is on leave, board discharged and matter adjourned to 25/07/2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: Ms. Siddhi More, advocate for plaintiff present.
    Shri Lobhas Chachad, Assistant Traffic Manager, of plaintiff present.
    ms. More has tendered application for withdrawal for the reasons as mentioned in the application, t.o.r and marked as Exh.10.
    Upon hearing Ms. More and upon perusal of the application for withdrawal, Execution Application is allowed to be withdrawn and stands disposed of.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 25-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100697/2018
    Filing Date: 06-08-2015
    First Hearing Date: 13th March 2018
    Decision Date: 25th July 2023
    Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    1
    Final Order 1
    25 Jul 2023
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :IC REGISTRAR CITY CIVIL COURT MUMBAI
    Case No. :EXECUTION APPLN/0100356/2015
    THE BOARD OF TRUSTEES OF THE PORT OF MUMBAI Vs FRENCH DYES AND
    CHEMICALS -IND- LTD.
    Date : 25-07-2023
    Presence : M.V. KINI,
    Business : Ms. Siddhi More, advocate for plaintiff present. Shri
    Lobhas Chachad, Assistant Traffic Manager, of plaintiff
    present. ms. More has tendered application for withdrawal
    for the reasons as mentioned in the application, t.o.r and
    marked as Exh.10. Upon hearing Ms. More and upon
    perusal of the application for withdrawal, Execution
    Application is allowed to be withdrawn and stands disposed
    of.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 25-07-2023
    IC REGISTRAR CITY CIVIL COURT MUMBAI
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