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EXECUTION APPLN

NILKAMAL LTDVsM-S. K.D. MISTRI AND CO.

CNR MHCC010016932018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 17th January 2023

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100153/2017
Registration Date
27 Mar 2017

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1NILKAMAL LTD

    Respondent

    1. 1M-S. K.D. MISTRI AND CO.

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 05-03-2018
Business: Parties and Advocate absent.  Adjourned to 05.04.2018.
Next Purpose: FOR___________________
Next Hearing Date: 05-04-2018

Date: 05-04-2018
Business: Mr. Hardik Sanghavi, Advocate for Plaintiff, present.  None for Defendant.  Mr. Hardik prays for Warrants of Attachment u/o. XXI Rule 43 and 54 of CPC without notice u/o. XXI Rule 22 as the Execution is within 2 years of the Decree.  Hence, issue Warrants of Attachment u/o. XXI Rule 43 and 54 of CPC, returnable on 05/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 05-07-2018

Date: 05-07-2018
Business: Parties and Advocates absent, adjourned to 05/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 05-09-2018

Date: 05-09-2018
Business: Parties and Advocate absent, adjd to 30/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 30-10-2018

Date: 30-10-2018
Business: Mr. Hardik Sanghvi I/b Agrud Partners, Advocate for Plaintiff, present.  On request of Mr. Sanghvi, for compliance of order dated 05/04/2018, adjd to 02/02/2019.  Returnable date of warrants is extended till 02/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 02-02-2019

Date: 02-02-2019
Business: Shri. Hardik Sanghavi, Advocate for plaintiff present. On request of Shri.Sanghavi, returnable date of warrants is extended till 04/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 04-03-2019

Date: 04-03-2019
Business: Shri. Hardik Sanghavi, advocate for plaintiff present. On request of Shri. Sanghavi, awaiting Sheriff Report in respect of warrant of attachment, adjd to  16/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-03-2019

Date: 16-03-2019
Business: Shri. Hardik Sanghavi, advocate for plaintiff present. On request of Shri. Sanghavi, awaiting Sheriff Report in respect of warrant of attachment, adjd to  05/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Parties and Advocate absent, adjd to  05/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: Parties and Advocate absent, adjd to  20/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Parties and Advocate absent,  adjd to 07/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Parties and Advocate absent,  adjd to 25/11/2019. As nobody is appearing before this court, issue letter to Advocate for Plaintiff, informing that on failure to appear before this Court on next date, Exe.Applicatoin will be disposed off assuming that the Decree is fully satisfied.
Next Purpose: FOR___________________
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Shri. Darshayu Thackkar, advocate for the Plaintiff present.
On request of Shri. Thackkar, awaiting inventory, adjd to 07/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Shri. Hardik Sanghavi, advocate for the plaintiff present.
On request of Shri. Sanghavi, awaiting inventory, adjd to 13/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Shri. Thackkar, advocate for the plaintiff present.
On request of Shri. Thackkar, for taking instructions in respect of inventory, adjd to 18/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Shri. Thackkar, advocate for the plaintiff present.
Shri. Thackkar has tendered original warrants u/o. XXI Rule 43 and 54 of CPC, along with execution report endorsed thereon, t.o.r. and marked as Exh-05 and 06, respectively.
On request of Shri. Thackkkar, awaiting inventory and for taking further steps, adjd to 26/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Shri. Thackkar Advocate for plaintiff present.
As Court is on leave, board discharged and adjourned to 29/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Shri Darshil Thackkar Advocate for plaintiff present.
Shri Yusuf Patel representative of plaintiff present.
Inventory Bearing No.340/2020 date 21/03/2020 under this office inward No.2353 date 24/02/2020, t.o.r., and marked as Exh-7.
On request of Shri Thackkar, for taking further steps for issue of warrant of sale, adjourned to 12/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Shri. Darshil Thackkar, advocate for the plaintiff present.
On request of Shri. Thackkar for taking further steps for issue of warrant of sale adjd to 20/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Parties and Advocate absent
As Court is on leave, board discharged and matter, adjd to 09/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 14-07-2020

Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Parties and advocate are absent.
As court is on leave, Board discharged, matter adjourned to 10/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Parties and advocate are absent adjourned to 17/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Shri Hardik Sanghavi advocate for plaintiff present.
As court is on leave, board discharged and matter adjourned to 29/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 27/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 23/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Parties and Advocate absent matter adjourned to 09/11/2021, by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Shri Darshil Thakkar, advocate for plaintiff present.
On request of Shri Thakkar, matter adjourned to 07/01/2022, for filing of affidavit of plaintiff for issue of warrant of sale.
Next Purpose: FOR___________________
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Parties and advocate absent adjourned to 17/02/2022.
Next Purpose: FOR___________________
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: As Court is on leave, board discharged and matter adjourned to 22/02/2022.
Next Purpose: FOR___________________
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Shri Darshan Thakkar, advocate for plaintiff present.
On request of Shri Thakkar, matter adjourned to 04/04/2022, by way of last chance for taking steps for issue of warrant of sale.
Next Purpose: FOR___________________
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: As Court is on leave, board discharged and matter adjourned to 21/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Shri Nadkar plaintiff present.
On request of Shri Nadkar matter adjourned to 05/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Shri  Sanghvi, advocate for plaintiff present.
On request of Shri  Sanghvi, who states that settlement talks are going on, matter adjourned to 30/09/2022, however, by way of last chance as the matter is of year 2017.
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Shri Hardik Sanghavi, Advocate for Plaintiff present.
Shri Ashwin Rana, Advocate for Defendant present.
Shri Rana tendered Vakalatnama for Defendants, t.o.r., marked as Exh-8.
On request of both the advocates, in view of settlement talks being going on, matter adjourned to 22/11/2022, by way of last chance to make concrete statement about the settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: Shri Thakkar, advocate for plaintiff present.
Shri Ashwin Rana, advocate for defendant present.
Shri Rana states that defendant is ready for settlement, however, the offer of the defendant is not acceptable to the plaintiff.
Shri Thakkar, states that he will take instructions and make submissions accordingly on next date and hence, by consent matter adjourned to 03/01/2023.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: Shri Hardik Sanghavi advocate for plaintiff present.
Ms. Mira Kadam advocate for defendant present.
Both the advocates state that the matter has been settled and seek adjournment for filing of Consent Terms and on there request matter adjourned to 17/01/2023.
Next Purpose: SETTLEMENT
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Shri Hardik Sanghvi, advocate for plaintiff present.
Shri Ashwin Rana, advocate for defendant present.
Shri Abhijit Awsare plaintiff present.
Shri R.D Mistry partner of defendant No.1 and Defendant No.2 (himself) present.
Both the advocates state that the parties have settled the matter out of the court and arrived at Consent Terms.  Consent Terms signed by the authorised representative Plaintiff, Defendant No.2 for himself and for and on behalf of Defendant No.1 as partner and by their respective advocates.  The parties admit the contents of the Consent Terms and hence, Consent Terms taken on record and marked as Exh-9.
In view of the Consent Terms nothing survives in the matter and accordingly, Execution Application stands disposed off as settled out of Court, by raizing/withdrawing the warrants of attachment issued in the matter.
Nature Of Disposal: OTHERWISE
Disposal Date: 17-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100400/2018
Filing Date: 27-03-2017
First Hearing Date: 05th March 2018
Decision Date: 17th January 2023
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    2
    Final Order 1
    17 Jan 2023
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :IC REGISTRAR CITY CIVIL COURT MUMBAI
Case No. :EXECUTION APPLN/0100153/2017
NILKAMAL LTD Vs M-S. K.D. MISTRI AND CO.
Date : 17-01-2023
Business : Shri Hardik Sanghvi, advocate for plaintiff present. Shri
Ashwin Rana, advocate for defendant present. Shri Abhijit
Awsare plaintiff present. Shri R.D Mistry partner of defendant
No.1 and Defendant No.2 (himself) present. Both the
advocates state that the parties have settled the matter out of
the court and arrived at Consent Terms. Consent Terms signed
by the authorised representative Plaintiff, Defendant No.2 for
himself and for and on behalf of Defendant No.1 as partner
and by their respective advocates. The parties admit the
contents of the Consent Terms and hence, Consent Terms
taken on record and marked as Exh-9. In view of the Consent
Terms nothing survives in the matter and accordingly,
Execution Application stands disposed off as settled out of
Court, by raizing/withdrawing the warrants of attachment
issued in the matter.
Nature of Disposal : OTHERWISE
Disposal Date : 17-01-2023
IC REGISTRAR CITY CIVIL COURT MUMBAI
Print
-- 1 of 1 --
    Order 1
    17 Jan 2023
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :IC REGISTRAR CITY CIVIL COURT MUMBAI
Case No. :EXECUTION APPLN/0100153/2017
NILKAMAL LTD Vs M-S. K.D. MISTRI AND CO.
Date : 17-01-2023
Business : Shri Hardik Sanghvi, advocate for plaintiff present. Shri
Ashwin Rana, advocate for defendant present. Shri Abhijit
Awsare plaintiff present. Shri R.D Mistry partner of defendant
No.1 and Defendant No.2 (himself) present. Both the
advocates state that the parties have settled the matter out of
the court and arrived at Consent Terms. Consent Terms signed
by the authorised representative Plaintiff, Defendant No.2 for
himself and for and on behalf of Defendant No.1 as partner
and by their respective advocates. The parties admit the
contents of the Consent Terms and hence, Consent Terms
taken on record and marked as Exh-9. In view of the Consent
Terms nothing survives in the matter and accordingly,
Execution Application stands disposed off as settled out of
Court, by raizing/withdrawing the warrants of attachment
issued in the matter.
Nature of Disposal : OTHERWISE
Disposal Date : 17-01-2023
IC REGISTRAR CITY CIVIL COURT MUMBAI
Print
-- 1 of 1 --

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