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EXECUTION APPLN

UNION OF INDIAVsMS HEB LUGGAGE INDUSTRIES LTD.

CNR MHCC010010912018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 17th February 2025

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100017/2018
Registration Date
19 Jan 2018

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 NOTICE

    Case History / Proceedings

    Case History
    Date: 14-02-2018
    Business: Ms. Madhavi Chavan, I/b. Mr. Vinod Joshi, Advocate for Plaintiff present.  None for Defendant.  Ms. Chavan prays for issuance of notice u/o. XXI, r. 22 of CPC.  Issued notice as prayed, returnable on 20/03/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-03-2018
    
    Date: 20-03-2018
    Business: Ms. Madhuri Chavan, I/b. Vinod Joshi, Advocate for Plaintiff present.  None for Defendant.  Ms. Chavan seeks time for substitute service.  Allowed and returnable on 19/04/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-04-2018
    
    Date: 19-04-2018
    Business: Parties and Advocates absent.  Adjourned to 04/06/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-06-2018
    
    Date: 04-06-2018
    Business: Parties and Advocate absent.  Adjd to 06/07/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-07-2018
    
    Date: 06-07-2018
    Business: Parties and Advocates absent, adjourned to 24/07/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-07-2018
    
    Date: 24-07-2018
    Business: Parties and Advocate absent, adjd to 13/08/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-08-2018
    
    Date: 13-08-2018
    Business: Parties and Advocate absent, adjd to 15/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-09-2018
    
    Date: 15-09-2018
    Business: Parties and Advocate absent, adjd to 12/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-10-2018
    
    Date: 12-10-2018
    Business: Mr. Nikhil Kasbekar I/b Vinod Joshi, Advocate for plaintiff present.  None for Defendant.  On request of Shri Kasbekar, for completing service, adjourned to 17/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-11-2018
    
    Date: 17-11-2018
    Business: Shri Nikhil Kasbekar, Advocate for plaintiff present.  Shri Kasbekar tendered original notice u/o.XXI, Rule 22 of CPC, along with service report endorsed thereon, taken on record, marked as Exh-5.  Shri Kasbekar states that service has been attempted on the address of the defendant at Abdul Rehaman Street, Mumbai and the service on the said address could not effected, for the reasons mentioned in the report.  Shri Kasbekar therefore, prays for issue of fresh notice to be served at Andheri and Palghar addresses of the Defendant.  Allowed, issue fresh notice on Andheri and Palghar addresses of the Defendant, returnable on 18/12/2018.  Notice at palghar address be sent to District Court of the area for service, on payment of process fee by the plaintiff.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Business: Mr. Nikhil Kasbekar I/b Vinod Joshi, Advocate for Plaintiff, present.  On request of Mr. Kasbekar, for taking further steps, effecting the service of fresh notice on Defendant, adjd to 17/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-01-2019
    
    Date: 17-01-2019
    Business: Shri. Nikhil Kasbekar, advocate for plaintiff present. On request of Shri. Kasbekar, for completing service, adjourned to 13/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: Shri. Nikhil Kasbekar, advocate for plaintiff present. On request of Shri. Kasbekar, for completing service, adjourned to 15/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-03-2019
    
    Date: 15-03-2019
    Business: Miss.Rutika Patil, advocate for plaintiff present. Ms. Patil states that seeks time to find out present whereabouts of the defendant company and on her request adjourned to 13/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Ms. Rutika Patil, advocate for the Plaintiff present. Ms. Patil, prays for substitutes service. Substitute service by all permissible modes is allowed, returnable on 19/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: Ms.Minal Pawar, advocate for the Plaintiff present. On request of Ms. Pawar, for completing substitute service, adjd to 22/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Ms. Krutika Patil, advocate for the Plaintiff present. On request of Ms. Patil for completing service, adjd to 18/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: Ms. Krutika Patil, advocate for the Plaintiff present. On request of Ms. Patil, for filing affidavit of service in respect of substitute service, adjd to 01/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Ms. Krutika Patil, advocate for plaintiff present. Ms. Patil has tendered the affidavit of service against the defendant by way of paper publication, taken on record and marked as Exh-06. Ms. Patil prays for issue of warrants u/o XXI Rule 43 and 54 of CPC, by making the notice absolute as the defendant though served neither appeared nor filed any reply. Ms. Patil further states that the property sought to be attached is free from all the encumbrances and belongs to defendant.  In view of this, upon perusing the affidavit of service, issue warrants as prayed for, returnable on 07/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Ms. Krutika Patil, advocate for the plaintiff present.
    On request of Ms. Patil, adjd to 17/04/2020, by extending the returnable date of warrant.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: Parties and advocate are absent adjourned to 20/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Parties and advocate are absent adjourned to 17/06/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: In view of directions vide Office Order No.106 of 2021, matter adjourned to 23/08/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: Ms. Shiwani Chandolkar advocate for plaintiff present.
    On request of Ms. Chandolkar adjourned to 29/10/2021, by extending returnable date of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Ms. Shivani Chandolkar, advocate for plaintiff present.
    On request of Ms. Chandolkar matter adjourned to 03/02/2022, for compliance of order dated 01/10/2019, in respect of issuance of warrants, by extending returnable date of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    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. Shivani Chandolkar, advocate for plaintiff present.
    Ms.Chandolkar tendered Communication dated 22/02/2022 from her client, seeking extension of time for execution of warrant, kept in R and P.
    In view of the said communication, on request of Ms.Chandolkar, adjourned to 09/06/2022, by extending the returnable date of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: Ms.Shivani Chandolkar, Advocate for plaintiff present.
    None for defendant.
    On request of Ms.Chandolkar, awaiting report of execution of warrants of attachment, adjourned to 05/09/2022, by extending the returnable date of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Ms.Darshana Kadekot, Advocate for plaintiff present.
    None for defendant.
    On request of Ms.Kadekot, awaiting report of execution of warrants of attachment, adjourned to 20/10/2022, by extending the returnable date of warrants, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: Ms. Darshana Kadekot, Advocate for plaintiff present.
    On request of Ms. Kadekot, matter adjourned to 25/11/2022, by way of lat chance, to execute the warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: Ms. Darshana Kadekot, advocate for plaintiff present.
    On request of Ms.Kadekot, for taking instructions, matter adjourned to 12/01/2023, however, it should appear under caption for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Ms. Darshana Kadekot, Advocate for plaintiff present.
    Ms. Kadekot has tendered adjournment application t.o.r and marked as Exh.7.
    Ms. Kadekot states that warrant of attachment U/o. XXI,Rule 43 and 54 of CPC have not been executed for want of correct address of the defendants properties.
    Warrants have been issued long back and despite granting adjournment execution thereof still pending and today Ms. Kadekot makes a statement as aforesaid.
    As such there is no point in keeping the matter pending without taking positive steps and hence, adjournment granted subject to payment of cost Rs.1000/- to the State of Maharashtra to be paid before next date.
    Ms. Kadekot is instructed to return the unexecuted warrants and to find out new address of the defendant and to file amendment application on next date.
    Matter adjourned to 28/02/2023, without change of caption.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: As Court is on leave, board discharged and adjourned to 21/03/2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: Ms.Darshana Kadekot, Advocate for Plaintiff present.
    Ms.Kadekar seeks adjournment to take steps as per order dated 12/01/2023.
    Record shows that the cost awarded on 12/01/2023 has not yet been paid.
    Hence, adjournment as prayed for is granted, subject to payment of further cost of Rs.1000/- to the state of Maharashtra. As such, total cost of Rs.2000/- be paid before next date.
    For taking steps as per order dated 12/01/2023, subject to payment of cost as stated above, adjourned to 26/04/2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Ms. Darshana Kadekot,  Advocate for Plaintiff present.
    On request of Ms.Kadekot for taking instructions and make submissions accordingly, matter adjourned to 27/04/2023, without change of caption.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: Ms. Darshana Kadekot,  Advocate for Plaintiff present.
    Ms.Kadekot tendered application for grant of extension of time and for serving the Judgment Debtor afresh by way of Paper Publication, t.o.r. marked as Exh-8.
    Fresh notice be issued for service by way of paper publication as prayed for, returnable on 07/07/2023.
    Next Purpose: NOTICE
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: Ms.Darshana Kadekot Advocate for Plaintiff present.
    Ms.Kadekot submits that she was not aware about the order of substitute service passed on last occasion and seeks time to comply with the order.
    Reasons stated by Ms.Kadekot are not acceptable and hence, subject to payment of cost of Rs.500/- to the State of Maharashtra, to be paid before issuance of notice to be served by way of publication.
    For above compliance, adjourned to 17/08/2023.
    Next Purpose: NOTICE
    Next Hearing Date: 17-08-2023
    
    Date: 17-08-2023
    Business: Ms. Shiwani Chalekar, advocate for plaintiff present.
    On request of Ms. Chalekar, matter adjourned by way of last chance for completing substitute service on payment of cost as awarded on last occasion, which shall be paid before issuance of notice.
    For above compliance matter adjourned to 14/09/2023.
    Next Purpose: NOTICE
    Next Hearing Date: 14-09-2023
    
    Date: 14-09-2023
    Business: Ms.Darshana Kadekot, Advocate for plaintiff present.
    On request of Ms.Kadekot, matter adjourned to 05/10/2023, by way of last chance for affidavit of service in respect of substitute service by way of Paper Publication.
    Next Purpose: NOTICE
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Ms.Darshana Kadekot, Advocate for plaintiff present.
    On earnest request of Ms.Kadekot, matter adjourned to 31/10/2023, by way of last chance for affidavit of service in respect of substitute service by way of Paper Publication, on failure of which cost of Rs.1000/- will be imposed.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-10-2023
    
    Date: 31-10-2023
    Business: Shri Vinod Joshi, Advocate for Plaintiff present.
    Shri Joshi, request for longer adjournment for taking steps with the appropriate department of the Government of India regarding writing of the claim and to make submissions accordingly before this court, further stating that on next date he will also file affidavit of service.
    Hence, upon hearing Shri Joshi matter adjourned to 08/01/2024.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-01-2024
    
    Date: 08-01-2024
    Business: Ms.Shivani Chandolkar, Advocate for Plaintiff present.
    Ms.Chandolkar seeks adjournment stating that the instructions are awaited from Defense Ministry, as the said Ministry is currently busy in the issue of opening of Ram Mandir at Ayodhya.
    Hence, on request of Ms.Chandolkar, matter adjourned to 29/02/2024.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-02-2024
    
    Date: 29-02-2024
    Business: Ms.Darshana Kadekot, Advocate for Plaintiff present.
    On request of Ms.Kadekot, awaiting instructions from Defence Ministry, matter adjourned to 24/04/2204.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 24-04-2024
    
    Date: 24-04-2024
    Business: Parties and Advocate absent, matter adjourned by way of last chance to 19/07/2024.
    LO
    Shri Vinod Joshi advocate for plaintiff appeared and he has been informed about next date.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-07-2024
    
    Date: 19-07-2024
    Business: Ms.Darshana Kadekot, Advocate for Plaintiff present.
    Ms.Kadekot seeks adjournment, awaiting instructions from Defence Ministry.
    Record shows that matter is lingering since long without any progress, however, as Ms.Kadekot is requesting for adjournment, adjournment is being granted, by keeping the matter under caption dismissal and subject to payment of cost of Rs.2000/- to be paid to State of Maharashtra by the plaintiff, to be paid before next date i.e. 14/08/2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 14-08-2024
    
    Date: 14-08-2024
    Business: Ms. Darshana Kadekot, advocate for plaintiff present.
    Ms. Kadekot submits that cost imposed on last occasion has not been paid and states that the same will be paid by 03.00 p.m. today and she has been allowed to pay the cost today upto 03.00 p.m. failing which matter will be dismissed.
    Matter kept back.
    LO at 3.15 p.m.
    Same appearance.
    Cost of Rs.2000/- is now paid and on request of Ms.Kadekot for taking steps matter adjourned to 15/10/2024.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-10-2024
    
    Date: 15-10-2024
    Business: Parties And Advocates absent, matter adjourned for dismissal to 20/12/2024.
    LO
    Ms.Shivani Chandolkar, Advocate for plaintiff appeared and she has been informed about above Roznama and next date.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-12-2024
    
    Date: 20-12-2024
    Business: As Court is on leave, board discharged and matter adjourned to 17/02/2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-02-2025
    
    Date: 17-02-2025
    Business: Parties and Advocate absent.
    Though the matter is kept for dismissal none appeared today also and hence, execution application stands disposed of as dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 17-02-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 101075/2018
    Filing Date: 20-11-2017
    First Hearing Date: 14th February 2018
    Decision Date: 17th February 2025
    Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    2
    Final Order 1
    17 Feb 2025
    Order Details: Other
    Pdf Text: MHCC010010912018
    Presented on : 20-11-2017
    Registered on : 19-01-2018
    Decided on : 17-02-2025
    Duration : 7 years, 2 months, 27 days
    IN THE COURT OF
    REGISTRAR CITY CIVIL COURT MUMBAI AT Mumbai,Mumbai
    Presided Over by Registrar Smt. Kalpa. R. Desai
    EXECUTION APPLN/100017/2018
    :
    UNION OF INDIA
    Age: 45
    Occupation :
    Address: ADELPHY, 119, MAHARSHI KARVE ROAD, CHURCHGATE,
    MUMBAI - 20.
    VERSUS
    :
    MS HEB LUGGAGE INDUSTRIES LTD.
    Age: 0
    Occupation :
    Address: AMAHAKALI CAVES ROAD, ANDHERI WEST, MUMBAI
    -----------------------------------------------------------------------------------------
    Advocate for : VINOD JOSHI
    Advocate for : appearing for MS HEB LUGGAGE INDUSTRIES LTD.:
    Advocate appearing for respectively.
    -- 1 of 2 --
    ORDER
    Parties and Advocate absent.
    Though the matter is kept for dismissal none appeared today also and
    hence, execution application stands disposed of as dismissed.
    Date : 17-02-2025 (Registrar Smt. Kalpa. R. Desai)
    REGISTRAR CITY CIVIL COURT
    MUMBAI
    Visit ecourts.gov.in for updates or download mobile app “eCourts Services” from Android or iOS
    -- 2 of 2 --
    Order 1
    17 Feb 2025
    Order Details: Other
    Pdf Text: MHCC010010912018
    Presented on : 20-11-2017
    Registered on : 19-01-2018
    Decided on : 17-02-2025
    Duration : 7 years, 2 months, 27 days
    IN THE COURT OF
    REGISTRAR CITY CIVIL COURT MUMBAI AT Mumbai,Mumbai
    Presided Over by Registrar Smt. Kalpa. R. Desai
    EXECUTION APPLN/100017/2018
    :
    UNION OF INDIA
    Age: 45
    Occupation :
    Address: ADELPHY, 119, MAHARSHI KARVE ROAD, CHURCHGATE,
    MUMBAI - 20.
    VERSUS
    :
    MS HEB LUGGAGE INDUSTRIES LTD.
    Age: 0
    Occupation :
    Address: AMAHAKALI CAVES ROAD, ANDHERI WEST, MUMBAI
    -----------------------------------------------------------------------------------------
    Advocate for : VINOD JOSHI
    Advocate for : appearing for MS HEB LUGGAGE INDUSTRIES LTD.:
    Advocate appearing for respectively.
    -- 1 of 2 --
    ORDER
    Parties and Advocate absent.
    Though the matter is kept for dismissal none appeared today also and
    hence, execution application stands disposed of as dismissed.
    Date : 17-02-2025 (Registrar Smt. Kalpa. R. Desai)
    REGISTRAR CITY CIVIL COURT
    MUMBAI
    Visit ecourts.gov.in for updates or download mobile app “eCourts Services” from Android or iOS
    -- 2 of 2 --

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