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EXECUTION APPLN

THE BOARD OF TRUSTEES OF PORT OF MUMVsGANGES LINES I PVT. LTD

CNR MHCC010011002018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 20th October 2023

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100189/2016
Registration Date
04 Apr 2016

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: 10-04-2018
    Business: Parties and Advocate absent. Record shows that warrants of attachment U/O XXI Rule 43 and 54 CPC have already been issued on 22.07.2016. Hence call for status report of the said warrants from office of Dy. Sheriff on Mumbai, returnable on 19.06.2018
    Next Purpose: FOR___________________
    Next Hearing Date: 19-06-2018
    
    Date: 19-06-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present.  For status report of warrant adjd to 04/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-09-2018
    
    Date: 04-09-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present.  On request of Ms. Agarwal issue letter to the office of Dy. Sheriff of Mumbai, for submitting inventory report in respect of warrants of attachment issued on 22/07/2016.  For inventory adjd to 25/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff present.  On request of Ms. Khandare adjd to 20/12/2018.  Ms. Khandare undertakes to take follow-up with the office of Sheriff of Mumbai in respect of inventory of the warrants of attachment issued earlier.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-12-2018
    
    Date: 20-12-2018
    Business: Ms.Vimal Khandare, Advocate for Plaintiff present.  On request of Ms.Khandare, awaiting inventory, adjourned to 06/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Miss. Vimal Khandare, Advocate for plaintiff present. On request of Ms. Khandare, awaiting inventory, adjourned to 26/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff, present.  Ms. Khandare has tendered original warrants of attachment u/o.XXI Rule 43 and 54 of CPC in respect of business address of Defendant at Mumbai No.23 alongwith non-execution report endorsed thereon, t.o.r. and marked as Exh.4 and 5 respectively.  On request of Ms. Khandare for taking further steps, adjd to 03/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Miss. Vimal Khandare, Advocate for plaintiff present.  On request of Ms. Khandare, 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 with 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: 29-01-2020
    
    Date: 29-01-2020
    Business: Ms. Bhagyashree Kamat, advocate for the plaintiff present. Matter is taken on board, by way of praecipe, marked as Exh-6.
    Ms. Kamat has tendered amendment application taken on record and marked as Exh.7.
    Upon perusing application and upon hearing Ms. Kamat amendment application allowed. Amendment be carried out as per rules and notice after amendment be issued returnable on 11/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Ms. Bhagyashree Kamat Advoate for plaintiff present.
    On request of Ms. Kamat, time to carry out amendment is extended by 14 days from today.
    On request of Ms. Kamat, adjd to 15/04/2020, for completing service after amendment.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 30-07-2020
    
    Date: 30-07-2020
    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: Ms. Bhagyashree kamat Advocate for plaintiff present.
    On request of Ms. Kamat for completing service after amendment, adjourned to 27/01/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: Parties and advocate are absent 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.
    Ms. Khandare has tendered affidavit of service alongwith bailiff report t.o.r and marked as Exh.8.
    On request of Ms. Khandare for taking further steps adjourned to 10/03/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Ms. Bhagyashree Kamat advocate for plaintiff present.
    On request of Ms. Kamat matter adjourned to 05/04/2021, for further steps.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Ms. Bhagyashree Kamat advocate for plaintiff present.
    As court is on leave, board discharged and matter adjourned to 08/06/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 07/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 07/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: MS. Bhagyashri Kamat advocate for plaintiff present.
    On request of Ms. Kamat adjourned to 22/10/2021, for steps.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Ms. Nishika Shetty advocate for plaintiff present.
    On request of Ms. Shetty for taking further steps, adjourned to 22/12/2021, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Ms. Nishka Shetty, advocate for plaintiff present.
    Though the matter is kept for taking further steps by way of last chance, Ms. Shetty states that she has no proper instructions and in view of the same matter adjourned to 23/02/2022, for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Ms. Nishka Shetty, advocate for plaintiff present.
    On request of Ms. Shetty matter adjourned to 09/03/2022, for filing of an application  for amendment.
    Next Purpose: DISMISSAL
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Ms.Nishka Shetty, Advocate for applicant present.
    On request of Ms.Shetty, for filing of an application for amendment, by way of last chance, adjourned to 02/05/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: Shri Hrishikesh Guhagarkar, advocate for  plaintiff present.
    None for defendant.
    Shri Guhagarkar, seeks time to file amendment application on account of personal difficulty of his client and considering the said fact for filing of amendment application adjourned to 18/06/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: Shri Hrishikesh Guhagarkar, advocate for  plaintiff present.
    None for defendant.
    Shri Guhagarkar, has tendered affidavit for amendment t.o.r and marked as Exh.9.
    Upon hearing Shri Guhagarkar affidavit for amendment is allowed .
    Amendment be carried out as per rules and notice after amendment u/o.XXI, Rule 41 of CPC be issued returnable on 27/07/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Shri Hrishikesh Guhagarkar advocate for plaintiff present.
    Shri Guhagarkar has tendered affidavit of service stating that notice u/o.XXI, Rule 41 of CPC, could not be served, t.o.r and marked as Exh.10.
    Shri Guhagarkar seeks adjournment stating that instructions are awaited from the plaintiff and on his request matter adjourned to 20/09/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: As Court is on leave, board discharged and matter adjourned to 03/10/2022.
    Next Purpose: DISMISSAL
    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 C.K. Raut, Senior Assistant of B.P.T., plaintiff present.
    Shri Guhagarkar, states that notice issued U/o.XXI, Rule 41 of CPC, has been returned unserved.
    Shri Raut, seeks time to find out new address of defendant.
    However, as matter being old, adjournment granted with clear understanding that on failure to find out new address of the defendant by 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.11
    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.
    Ms. More tendered affidavit of service of notice U/o.XXI, rule 41 of CPC stating the notice could not be served t.o.r. marked as Exh-12.
    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.
    On request of Ms. More awaiting instruction from the higher Authority of the plaintiff in respect of withdrawal, matter adjourned to 29/08/2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: Ms. Kajal Gupta, advocate for plaintiff present.
    Ms. Gupta seeks adjournment awaiting instructions for withdrawal from the plaintiff and on her request matter adjourned to 20/10/2023.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: Ms.Kajal Gupta, Advocate for Plaintiff present.
    Ms.Gupta tendered application for withdrawal of the Exe.Apliction for the reasons as stated in the application, t.o.r. marked as Exh-13.
    Upon perusing the application and upon hearing Ms.Gupta, Exe.Application is allowed to be withdrawn and stands disposed of.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 20-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101044/2018
    Filing Date: 04-04-2016
    First Hearing Date: 10th April 2018
    Decision Date: 20th October 2023
    Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    2
    Final Order 1
    20 Oct 2023
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :IC REGISTRAR CITY CIVIL COURT MUMBAI
    Case No. :EXECUTION APPLN/0100189/2016
    THE BOARD OF TRUSTEES OF PORT OF MUM Vs GANGES LINES I PVT. LTD
    Date : 20-10-2023
    Presence : M.V. KINI,
    Business : Ms.Kajal Gupta, Advocate for Plaintiff present. Ms.Gupta
    tendered application for withdrawal of the Exe.Apliction for
    the reasons as stated in the application, t.o.r. marked as
    Exh-13. Upon perusing the application and upon hearing
    Ms.Gupta, Exe.Application is allowed to be withdrawn and
    stands disposed of.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 20-10-2023
    IC REGISTRAR CITY CIVIL COURT MUMBAI
    -- 1 of 1 --
    Order 1
    20 Oct 2023
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :IC REGISTRAR CITY CIVIL COURT MUMBAI
    Case No. :EXECUTION APPLN/0100189/2016
    THE BOARD OF TRUSTEES OF PORT OF MUM Vs GANGES LINES I PVT. LTD
    Date : 20-10-2023
    Presence : M.V. KINI,
    Business : Ms.Kajal Gupta, Advocate for Plaintiff present. Ms.Gupta
    tendered application for withdrawal of the Exe.Apliction for
    the reasons as stated in the application, t.o.r. marked as
    Exh-13. Upon perusing the application and upon hearing
    Ms.Gupta, Exe.Application is allowed to be withdrawn and
    stands disposed of.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 20-10-2023
    IC REGISTRAR CITY CIVIL COURT MUMBAI
    -- 1 of 1 --

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