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EXECUTION APPLN

THE BOARD OF TRUSTEES OF THE PORT OF BOMBAYVsM-S. LILKAMAL INDUSTRIES +1 more

CNR MHCC010007072018966-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
100374/2015
Registration Date
22 Aug 2015

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant

    Case History / Proceedings

    Case History
    Date: 14-03-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present. It appears from the record that warrants of attachment are already issued on 19/10/2016.  Hence, issue letter of request to the Dy. Sheriff calling the status of warrants of attachment for disposal of Execution Application, returnable on 14/06/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-06-2018
    
    Date: 14-06-2018
    Business: Shri Lakshya Sachdeva I/b M/s. M. V. Kini and Co., Advocate for Plaintiff, present.  On request of Shri Sachdeva adjd to 10/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-09-2018
    
    Date: 10-09-2018
    Business: Parties and Advocate absent, adjd to 30/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-10-2018
    
    Date: 30-10-2018
    Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff present.  On request of Ms. Khandare, adjd to 10/12/2018, for submitting inventory.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-12-2018
    
    Date: 10-12-2018
    Business: Miss. Vimal Khandare, Advocate for plaintiff present. As Court is on leave, board discharged and adjourned to 15/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-12-2018
    
    Date: 15-12-2018
    Business: Ms. Vimal Khandare, Advocate for plaintiff present. On request of Ms. Khandare for submitting inventory adjourned to 28/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Business: Miss. Vimal Khandare, Advocate for plaintiff present. On request of Ms. Khandare,  adjd to  20/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Business: Miss. Vimal Khandare, Advocate for plaintiff present. On reqeuest of Ms. Khandare, awaiting Sheriff Report, 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 taking further steps as the original warrants are not traceable in the of Sheriff of Mumbai,  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 new address of defendant has been found and the plaintiff is in process of confirming the said address and seeks time to file amendment application.
    Hence on request of Ms. Shetty, matter adjourned to 02/03/2022, for amendment application.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Shri Sushant Tare intern of M/s.M.V.Kini  and Co., Advocates for plaintiff present.
    Shri Tare upon instructions states that new address of the defendant has been confirmed, however, as the Advocate, who is appearing before this court is on leave today as unwell and seeks time.
    Hence, for filing of an application for amendment, adjourned to 17/03/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: As the Court is on leave, board discharged, adjourned to 21/03/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: Ms. Nishka Shetty advocate for plaintiff present.
    None for defendant.
    Exe.application marked as Exh.A(Colly.)
    Application-cum affidavit for amendment tendered by Ms. Shetty t.o.r and marked as Exh.B.
    Upon hearing Ms. Shetty amendment application is allowed.
    Amendment be carried out as per rules.
    For further directions after amendment, adjourned to 18/04/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Shri Rushikesh Guhagar, advocate for  plaintiff present.
    None for defendant.
    Shri Guhagar, states that amendment has been carried out and prays for issue of notice of amended proceedings.
    Issue notice as prayed for returnable on 28/06/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Shri Hrishikesh Guhagarkar, advocate for  plaintiff present.
    None for defendant.
    On request of Shri Guhagarkar, for completing service of notice adjourned to 20/08/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: Parties and advocate absent adjourned to 13/09/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    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 that amendment has been carried out and prays for issue of fresh warrants U/o.XXI, Rule 43 and 54 of CPC.
    Record shows that warrants issued earlier in the year 2016, with non execution report thereof are not placed on record and Shri Guhagarkar, undertakes to file the said warrants on record on next date.
    Hence, issue fresh warrants as prayed for returnable on 15/12/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: Parties advocates absent matter adjourned to 09/01/2023, by way of last chance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: Ms.Siddhi More, Advocate for plaintiff present.
    On request of Ms. More matter adjourned to 27/02/2023, by extending the returnable date of warrants.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-02-2023
    
    Date: 27-02-2023
    Business: As Court is on leave, board discharged and adjourned to 31/03/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-03-2023
    
    Date: 31-03-2023
    Business: Ms. Siddhi More, Advocate for Plaintiff present.
    Shri Lobhas Chachad, Assistant Traffic Manager, employee of plaintiff present.
    Ms. More has tendered amendment application t.o.r and marked as Exh.C.
    Upon hearing Ms. More, amendment application is allowed.
    Amendment be carried out within 14 days from today and notice after amendment be issued in the matter returnable on 17/06/2023.
    Next Purpose: COMPLIANCE
    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: COMPLIANCE
    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.D.
    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: 100701/2018
    Filing Date: 22-08-2015
    First Hearing Date: 14th 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/0100374/2015
    THE BOARD OF TRUSTEES OF THE PORT OF BOMBAY Vs M-S. LILKAMAL
    INDUSTRIES
    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.D. 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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