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EXECUTION APPLN

THE BOARD OF TRUSTEES OF PORT OF BOMBAYVsMS JAMAL TRADING CO. AND ORS.

CNR MHCC01000980201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 21st August 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100477/2015
Registration Date
19 Nov 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: 04-04-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present. Adjurned to 02/08/2018, for submission of inventory.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-08-2018
    
    Date: 02-08-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co., Advocate for Plaintiff present.  For inventory report adjd to 29/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-09-2018
    
    Date: 29-09-2018
    Business: Ms. Khushboo Agarwal and Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff present.  For inventory report adjd to 21/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-11-2018
    
    Date: 21-11-2018
    Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff, present.  Ms. Khandare states that warrants in the matter could not be served/executed on the address mentioned in the warrants of attachment and she therefore seeks time to find out present whereabouts of the Defendant.  Hence, on her request, adjd to 02/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-02-2019
    
    Date: 02-02-2019
    Business: Miss. Vimal Khandare, Advocate for plaintiff present. Ms. Khandare has tendered original warrant u/o. XXI Rule 43 and 54 of CPC, alongwith non execution report endorsed thereon, taken on record and marked as Exh. 4 and 5 respectively. On request of Ms. Khandare, to find out present whereabouts of the defendants and to make application for amendment, adjourned to 14/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Miss. Vimal Khandare, Advocate for plaintiff present. On request of Ms. Khandare,  adjd to 18/06/2019, to make further attempts to find out present whereabouts of the defendant.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: Shri. Chaitnaya Rane, advocate for the Plaintiff present. On request of Shri. Rane, to find present whereabouts of the defendant, adjd to 30/09/2019.
    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 24/10/2016 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.
    Ms. Khandare states that whereabouts about of the defendant have been traced out and for taking further steps, on request of Ms. Khandare, adjd to 29/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Ms. Bhagyashree Kamat, advocate for the plaintiff present.
    Ms. Kamat stats that she is intending to take out Chamber summons before the court and hence on request of Ms. Kamat Adjd to 12/02/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Ms. Bhagyashree Kamat, advocate for the plaintiff present.
    On request of Ms. Kamat, adjd to 08/06/2020, as the plaintiff has prepared to file 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: 03-12-2020
    
    Date: 03-12-2020
    Business: Adv. Vimal Khandare for plaintiff / Decree holder present.
    None Present for the Deft.
    Ld Advocate for the Plff/Decree holder filed Draft CS alongwith affidavit. TOR O-seen.
    Order- Heard. Leave granted. CS be registered. Copy be served upon otherside. Service affidavit be filed.
    Matter adjd for tendering registered chamber summons alongwith affidavit and service affidavit on 25-01-2021.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Adv. Vimal Khandare for DH present.
    Adv. for DH filed original chamber summons No. 193/21. t.o.r.
    Adv. for DH filed affidavit of service. t.o.r. Not served.
    DH to take steps to serve chamber summons.
    Adjd for taking steps to 22/03/2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Adv. Bhagyashree Kamath for DH Present and seeks time.
    Adjd for taking steps to 17/06/2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: Both parties and their advocate absent.
    Matter adjd for taking steps on 19.07.2021
    Reason For Adjournment: court time is over
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Due to COVID-19 matter adj. to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Board is discharged
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Court is Vacant.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: COURT IS VACANT
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Reason For Adjournment: court time is over
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: None for plff
    None for Defendant
    Matter is adjd on 29.08.2022 for steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Matter called out at 3.04 pm
    Adv Radha Bhandari for plff DH present
    None for Defendant JD
    Adv for plff DH requests time for service.  Granted.
    Matter is adjd on 20.10.2022 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: Adv Hrishikesh Guhagarkar for plff DH present.  None for defendant.
    Matter is adjd on 19/12/2022 for steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: Matter called out at 3.08 pm
    Adv Siddhi More for plff present
    None for defendant
    Adv for plff DH submits that the report of coastal service is not received and requests for service through Bailiff.
    O- Allowed.
    Matter is adjd on 07.02.2023 for Affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: Court is busy in recording evidence in 2077/19 and hearing argument in SU 4056/02. Hence, board is discharged.
    Matter is adjd on 21-03-2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: None present.
    Matter is adjd on 04-05-2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: None present.
    Matter is adjd on 10-07-2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy in recording evidence in sessions case hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Adv.Siddhi More i/b M.V.Kini and Company for plaintiff present.
    Matter is adj to 21/08/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    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.477/2015 is disposed off as withdrawn.
    In view of the withdrawal of EA C/S No.193/2021 is disposed off.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 21-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100849/2018
    Filing Date: 05-11-2015
    First Hearing Date: 04th April 2018
    Decision Date: 21st August 2023
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Aug 2023
    Order Details: Other
    Pdf Text: 02,40
    21/08/2023
    EA 477/15
    CS 193/21
    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.477/2015 is disposed off as withdrawn.
    In view of the withdrawal of EA C/S No.193/2021 is disposed off.
    Judge
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