Date: 21-03-2018
Business: Mr. Rajiv Mehta, Constituted Attorney of Asumati J. Mehta, present. C.A. of plaintiffs files Application for cancellation of warrant for movable and Immovable property situated at 701, Sargam Society, Saibaba Extension Road, Opp Poisar Gymkhana, Kandivali (West) Mumabi-400067 alongwith original warrant of attachment u/o XXI rule 54 of CPC. The same is taken on record and marked as Exhibit Nos. 4 and 5 respectively. Allowed. Warrant of attachment exhibit No.5 is withdrawn. C.A. of plaintiff files Application for sale of Immovable property situated at at 16G, 7th Floor, Malabar Apartments, Nepean Sea Road, Mumbai 400036 alongwith original warrant of attachment u/o XXI rule 54 of CPC. The same is taken on record and marked as Exhibit Nos. 6 and 7 receptively. Original Inventory is also received in the registry on 03/02/2018, the same is taken on record and marked as Exhibit No.8. As the Registrar has no power to execute Sale, the same is submitted to the Hon\'ble Court on 16/04/2018.
Disposal Date: 21-03-2018
Date: 16-04-2018
Business: CA of DH present.
None for Jd.
Matter is adj. to 21/06/2018 for order.
Next Purpose: ORDER
Next Hearing Date: 21-06-2018
Date: 21-06-2018
Business: C. A. of D. H. present.
None for J.D.
Matter is adjd. to 26/07/2018 for Hearing and Order.
Next Purpose: ORDER
Next Hearing Date: 26-07-2018
Date: 26-07-2018
Business: C.A. of plaintiff/D.H. present.
None for Defendant/J.D.
Matter is adjd. to 23/08/2018 for Hearing at 1.00pm.
Next Purpose: HEARING
Next Hearing Date: 23-08-2018
Date: 23-08-2018
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 20-10-2018
Date: 20-10-2018
Business: CA of plaintiff / D.H. Rajiv Mehta present.
None for J.D.
Heard the argument of CA of plaintiff.
Matter is adjd. to 22/11/2018 for Order.
Next Purpose: ORDER
Next Hearing Date: 22-11-2018
Date: 22-11-2018
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 14-12-2018
Date: 14-12-2018
Business: C.A. of D.H./plaintiff is present.
None for J.D.
Court is busy in dictating Judgment in Su no.8337/00 and other matters hence due to paucity of time,
Matter is adjd. to 03/01/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 03-01-2019
Date: 03-01-2019
Business: C.A. of D.H./ Plaintiff is present.
None for Defendant.
It appears that D.H. has applied for the sale of the immovable property laying at 16G, 7th floor, Malabar Apartments, Nepean Sea, Mumbai. As per the Sheriff of Mumbai report it appears that the said property is already attached. Therefore, issue notice to the J.D. to attend the Court on next date to take the notice of date to be fixed for settling the terms of proclamation of the sale, as per order 21 rule 54 (2) CPC. Hence
Matter is adjd. to 30/01/2019 for Service report and appearance by the J.D.
Next Purpose: REPORT
Next Hearing Date: 30-01-2019
Date: 30-01-2019
Business: C.A. of D.H. present.
Adv. for D.H. absent.
Adv. Vivek Sharma for J.D. present.
Bailiff report is received.
The Court Bailiff has submitted report that service has been excepted by Vaitashi Doshi,
Matter is adjd. to 13/02/2019 for Hearing and order as JD has not appeared at 1.00pm.
Next Purpose: HEARING
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: C.A. of plaintiff present.
Adv. Vivek Sharma for J.D. present.
C.A. of plaintiff has filed application for substtution of legal heirs of plaintiff.
Order Otherside to say.
C.A. of plaintiff has also filed application for amendment alongwith affidavit, TOR.
Order Otherside to say.
Advocate for defendant has filed reply affidavit to the Execution application, TOR.
Matter is adjd. to 11/03/2019 for Reply on both application.
Next Purpose: REPLY
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: C.A. of D.H. present.
Adv. Vivek Sharma for J.D. present.
Advocate for JD has filed two reply affidavit, TOR.
Heard the argument of both the sides.
Matter is adjd. to 27/03/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Business: C.A. of DH Present
Exh 2 He submitted Application
Matter is Adjd for Fresh Argument on the application to 20/04/2019
Next Purpose: ARGUMENTS
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: CA of DH present
Heard Argument of CA of plaintiff on the application.
CA of DH filed rejoinder and case laws.
FRSR Following order is passed
Issue Notice to Nandini Amitabh Gandhi and CA of DH is directed to serve the application Exh 2 on Mrs. Nandini Amitabh Gandhi. Residing at 32 Janak Apartment, 9 sevak nagar Society, Race Course, Vadodara 390007.
Matter is Adjd for Compliance to 26/06/2019
Next Purpose: COMPLIANCE
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: Plaintiff inperson present.
He produced true copy of affidavit of his sister Nandini Gandhi.
Matter is Adjd for Further Argument to 01/07/2019
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 01-07-2019
Date: 01-07-2019
Business: Adv for plaintiff Mr. present
Adv for deft Mr. present
FRSR following order is passed
Order on Application for substitution of legal heir
Matter is Adjd for Argument on the application for amendment to 08/08/2019
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: P.O.is on Training.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Business: None present for DH.
Adv.Mr.Vivek Sharma for JD present.
DH to take steps to carry out amendment as per order of this court.
Adjd.t0 09/10/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: None present.
Adjd. to 01.11.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-11-2019
Date: 01-11-2019
Business: DH present. Adv absent.
JD absent. Adv absent.
Heard arguments of DH on amendment application Exh.3.
F.R.S.R. Following order is passed below Exh.3 -
ORDER
1. Application Exh.3 is allowed.
2. The decree holder shall carry out amendment as prayed.
3. Application Exh.3 is disposed of accordingly.
Adj to 05/12/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. Vivek Sharma for J/d present.
Rajiv Mehta applicant present.
It revels that the amended execution application has not be served on the judgment debtor. The applicant to served the same on judgment debtor.
Adj. To 28-01-2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: DH present filed affidavit of service of amended EA.
Adv. Ganesh Lambadisa for JD filed reply to EA. Copy is served to DH.
Adjd for Hearing to 12-03-2020
Next Purpose: HEARING
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Applicant Rajiv Mehta in person present filed Rejoinder.
Adjd for Hearing to 20-04-2020
Next Purpose: HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: P. O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: None for DH.
Adv. Vivek sharma for JD.
Adjd to 09-06-2021
Next Purpose: HEARING
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Adv Hasumati Mehta present for the DH.
None present for the JD.
Matter is adjd to 23.12.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Adv. Mr. S. J. Chavan for the DH/applicant is present.
None for JD.
Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the DH/applicant. O- Leave to register Ch/s is granted.
Matter is adj. to 17/02/2022 for tendering registered Ch/s/service.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. Mehta for applicant present.
The adv. of plff. tendered registered Chs 169/2022 with affidavit.
The adv. of plff. also tendered affidavit of service of writ of summons.
Matter is adjd. for Ex-parte order and service of Chs to other side to 30-03-2022.
Next Purpose: SERVICE
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Advocate Mr. Chavan for DH present.
Advocate Mr. Vivek sharma JD present.
Ch/s no. 169/2022 served to other side.
Matter is adjd. for Ch/s hearing to 22-06-2022.
Next Purpose: C/S HEARING
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: P. O. is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: As court is vacant
Next Purpose: C/S HEARING
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: As Court is vacant
Next Purpose: C/S HEARING
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: As court is vacant
Next Purpose: C/S HEARING
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: As court is vacnat
Next Purpose: C/S HEARING
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: As court is vacant,
Next Purpose: C/S HEARING
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: None present.
KB.
L.O. at 1.10 PM.
Applicant in CS 169/22 present in person.
Adv. present for JD, tendered reply in CS overleaf.
Heard.
The applicant is the wife of Rajiv Mehta who is the daughter in law of original plaintiff, after death of original plaintiff her son Rajiv Mehta is brought on record. Rajiv Mehta died living behind only wife as legal heir. Hence, she is necessary party. Consequently I proceed following order-
Order
1. CS No. 169/22 is allowed.
2. Plaintiff is permitted to carry out the amendment within a stipulated period.
3. CS No. 169/22 disposed of accordingly.
Matter stands adjourned for compliance on 10-10-2023 at 2.45 PM.
L.O. at 1.45 PM.
Adv.C.J. Chouhan present for Applicant in CS.
Matter is already stands adjourned for compliance on
10-10-2023 at 2.45 PM.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: None present.
KB at 2.45 PM.
Adv. Gargi Joshi present for DH, tendered VP TOR marked as Exh.2.
Matter stands adjourned for compliance on 30-11-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2023
Date: 16-12-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: None present.
KB.
L.O. at 12.35 pm.
Decree Holder along with Adv. B.N.Jadhav present, tendered service affidavit TOR marked as Exh.4.
None Present for Judgment Debtor.
As per the report Exh.4, the Judgment Debtor Company is avoiding the service, hence, Decree Holder to take steps.
Matter stands adjourned for Steps on 30-03-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: None present.
Matter stands adjourned for steps on 20-06-2024.
L.O. at 12.20 pm.
Adv. B.N. Jadhav present Decree Holder.
Matter stands adjourned for steps on 20-06-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: P. O. is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-08-2024
Date: 02-08-2024
Business: None present.
Kept back.
L.O. at 12.20 pm.
None present.
Matter stands adjourned for steps on 12-09-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-09-2024
Date: 12-09-2024
Business: As the presiding officer is on leave, hence, matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-11-2024
Date: 16-11-2024
Business: None present.
Kept back.
Later on at 12.15 pm
Decree Holder alongwith Adv. B.N. Jadhav present.
None present for Judgment Debtor.
Matter stands adjourned for steps on 20-01-2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2025
Date: 20-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-06-2025
Date: 11-06-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-07-2025
Date: 21-07-2025
Business: None present.
Kept back.
Later on at 2.45 pm.
None present.
Matter stands adjourned to 09-09-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-09-2025
Date: 09-09-2025
Business: P. O. is on Leave. Hence, matter is adjd to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-11-2025
Date: 06-11-2025
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-01-2026
Date: 07-01-2026
Business: None present for plaintiff.
Aditi Giri i/b M.V. Kini and Co. present for
defendant.
Matter stands adjourned to 31-01-2026 for Notice of Motion order.
Next Purpose: NM ORDERS
Next Hearing Date: 31-01-2026
Date: 31-01-2026
Business: Adv. B.N Jadhav Decree Holder appraised that the E.A. wrongly reflected in the caption in Notice of Motion as there is no Notice of Motion and not file by both the parties, undertake to take steps today.
If the positive steps are not taken today E.A. deemed to be disposed off for want of steps.
Perusal of case paper and roznama dated 07-01-2026 kept on 23-02-2026. If positive steps are not taken on next date, E.A. would be dismissed in default.
Matter stands adjourned to 23-02-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-02-2026
Date: 23-02-2026
Business: Daughter in law of Decree Holder is present in person.
Heena Rajiv Mehta is present informed that her advocate is not present.
Judgment Debtor is absent.
Matter stands adjourned to 24-03-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-03-2026
Date: 24-03-2026
Business: Daughter in law of Decree Holder Heena Mehta is present and sought time to engage new advocate. Granted as last chance being age of the E.A. is 08 yrs.
Matter stands adjourned to 08-04-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2026
Date: 08-04-2026
Business: Decree Holder and Judgment Debtor are absent.
Decree Holder Hina Rajiv Mehta
Adv. Suryaknat Choudhary i/b Bhairavnath Jadhav present for Decree Holder. Seeking time to argue. Time is granted.
Matter stands adjourned to 13-04-2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-04-2026
Date: 13-04-2026
Business: As the court is busy in Recording of Evidence in Suit No. 125/1991 and Suit No. 5962/2005. Hence, rest of the Civil board stands discharged.
Matter stands adjourned to 06.05.2026 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-05-2026
Date: 06-05-2026
Business: As the Court is busy in hearing final arguments in Suit No. 255/1988 and Suit No. 125/1991 (which is more than 34 years old), and dictating an order in Commercial Suit No. 646/2024 and in Suit No. 6944/2005 and Suit No. 8515/1992, the rest of Civil board stands discharged.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-06-2026
Date: 18-06-2026
Business: Court is vacant. Hence, adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-07-2026
Date: 30-07-2026
Business: Both parties and their advocate are absent.
Matter stands adjourned to 24.08.2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-08-2026
Date: 24-08-2026
Business: None present.
Matter stands adjourned to 30-09-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-09-2026