THE BOARD OF TRUSTEES OF THE PORT OF BOMBAYVsM/s. Indian Lead Private Limited and Anr.

Date: 25-03-2019
Business: Parties and Advocate absent, adjd to 01/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 01-04-2019

Date: 01-04-2019
Business: Parties and Advocate absent, adjd to  08/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 08-04-2019

Date: 08-04-2019
Business: Miss. Siddhi More, advocate for plaintiff present. On request of Ms. More, issue notice u/o. XXI Rule 22, returnable on 12/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Shri. Chaitnaya Rane, advocate for the Plaintiff present. On request of Shri. Rane, adjd to 30/07/2019, for completing service.
Next Purpose: FOR___________________
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: Mr. Chaitanya Rane, Advocate for Plaintiff, present.  On request of Mr. Rane, for completing service, adjd to 30/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Business: Ms. Mrunmayee K. advocate for the Plaintiff present. On request of Ms. Mrunmayee, adjd to 04/10/2019, for completing service.
Next Purpose: FOR___________________
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Ms. Mrunmai Kotpalliwar Advocate for Plaintiff present. Ms. Priti Merchant Advocate for Defendant no.2 present. Shri Kapadia representative of Defendant no 2 present. Ms. Marchant states that the copy of Exe application has not been served upon the defendant. Ms Kotpalliwar undertakes to furnish copy of Exe. Application upon Advocate for Defendant no 2 within short period. Ms. Marchant seeks time to file reply after service. And by consent adjd to 06/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Ms.Vimal Khandare, advocate for the plaintiff present.
Exe.application marked as Exh-A(Colly).
Ms. Khandare has tendered the affidavit of service, proving service against defendant no.02, taken on record and marked as Exh-B.
On request of Ms. Khandare, for taking further steps, adjd to 07/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Ms. Bhagyashree Kamat, advocate for the Plaintiff present.
Ms. Kamat has tendered application for issue of warrants u/o.XXI Rule 43 and 54 of CPC, against defendant no.02, taken on record and marked a Exh-C.
Ms. Kamat states that the properties sought to be attached belongs to the defendant no.02 and free from all the encumbrances.
Hence, upon perusing the affidavit of service and as the defendant no.02 neither appeared nor filed any reply despite service, notice issued against defendant no. 02 is hereby made absolute and issue warrants as prayed for, returnable on 06/02/2020.
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.D.
On request of Ms. Kamat returnable date of warrants of attachment ordered to be issued on 07/11/2019, is extended till 15/04/2020.
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: 14-08-2020

Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: Ms.Vimal Khandare, Advocate for Plaintiff present.
Ms.Khandare has tendered  Bailiff report dated 17/03/2020 annexing therewith original unexecuted warrnats u/o.XXI Rule 43 and 54 of CPC, for the reasons mentioned in the report, taken on record, marked as Exh.E (colly).
On request of Ms.Khandare, adjourned to 03/02/2021, as she is intending to take out Chamber Summons in the matter.
Next Purpose: FOR___________________
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Ms. Vimal Khandare advocate for plaintiff present.
On request of Ms. Khandare for filing application for amendment 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.
Ms. Kamat has tendered amendment application alongwith affidavit in support of same, t.o.r. and marked as Exh.F and G respectively.
Upon hearing Ms. Kamat amendment application allowed.
Amendment be carried out on or before next date.
Matter adjourned to 22/10/2021.
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 time to carry out amendment is lastly extended till 11/11/2021, and matter adjourned to 12/11/2021, by making it clear that if no amendment is carried out on or before 11/11/2021, matter will be disposed off.
Next Purpose: FOR___________________
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Ms. Nishka Shetty, advocate for plaintiff present.
Ms.Shetty states that though last chance was granted to carry out amendment, the same could not be carried out till date and assures that amendment will be carried out before 20/11/2021 and earnestly request to adjourned the matter to 20/11/2021, by granting one final chance to carry out amendment.
Hence, time to carry out amendment is lastly extended upto 18/11/2021 and matter adjourned to 20/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: As Court is on leave, board discharged and matter adjourned to 07/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Ms. Nishka Shetty, Advocate for Plaintiff present.
Ms. Shetty states that amendment has been carried out and she now prays for issue of notice u/o.XXI, Rule 41 of CPC.
Upon hearing Ms Shetty issue notice as prayed for returnable on 09/02/2022.
Next Purpose: FOR___________________
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: In view of Office Order No.22 of 2022, matter adjourned to 07/04/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Shri Sushant Tare, intern of M/s. M. V.Kini and Co. Advocate for Plaintiff present.
None for defendant.
On request of Shri Tare matter adjourned to 04/05/2022.
Next Purpose: FOR___________________
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: Shri Hrishikesh Guhagarkar, advocate for  plaintiff present.
None for defendant.
On request of Shri Guhagarkar, for compliance of order in respect of issuance of notice u/o.XXI, Rule 41 of CPC, passed earlier,  adjourned to 19/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Shri Hrishikesh Guhagarkar advocate for plaintiff present.
On request of Shri Guhagarkar, for filing of affidavit of service, adjourned to 23/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: Shri Hrishikesh Guhagarkar advocate for plaintiff present.
Shri Guhagarkar states that notice could not be served and further states affidavit to that effect is not yet ready as the office of the plaintiff is on leave.
Shri Guhagarkar further states that he has no instructions from the plaintiff in regard to present whereabouts of the defendant.
Hence, Shri Guhagarkar states that appropriate order may be passed.
Considering the above submissions, matter adjourned to 06/10/2022, for dismissal.
Next Purpose: FOR___________________
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: Shri Hrishikesh Guhagarkar, Advocate for Plaintiff present.
Shri Ghuhagarkar states that Notice U/o.XXI, Rule 41 of CPC, has already been issued and seeks time to complete the service of the said notice.
Hence, adjourned to 24/11/2022, however, under the caption dismissal, clarifying that service of notice may be completed by that date.
Next Purpose: DISMISSAL
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: Shri Hrishikesh Guhagarkar, advocate for plaintiff present.
Shri Guhagarkar, states that notice U/o/XXI, Rule 41 of CPC  has been sent by RPAD, however, delivery of consignment is not yet confirmed and he seeks time to file affidavit of service.
Matter being old one, adjourned to 25/01/2023, without changing the caption.
Next Purpose: DISMISSAL
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: Ms. Siddhi More, advocate for for plaintiff present.
Shri R.K. Chandiramani, employee of Board of Mumbai Port Authority present.
Ms.More tendered affidavit of service in respect of notice U/o.XXI, Rule 41 of CPC, t.o.r. marked as Exh.H.
As per affidavit packet containing notice sent by RPAD returned undelivered with remark not known.
Ms.More tendered amendment application, t.o.r. marked as Exh.I.
Upon hearing Ms.More amendment application allowed.
Amendment be carried out within 14 days from today.
Ms.More prays that fresh notice U/o.XXI, Rule 41 of CPC be issued, after amendment.
Considering her request issue fresh notice as prayed for returnable on 21/03/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: Ms.Siddhi More, Advocate for Plaintiff present.
Shri Lobhas Chachad, Assistant Traffic Manager, employee of plaintiff present.
Ms. More has tendered of Affidavit of Service of Notice U/o.XXI, Rule 41 of CPC stating the notice could not be served, t.o.r and marked as Exh.J.
Ms.More  has tendered copy of letter dated 21/03/2023, stating in therein that the whereabouts of defendants are not known and Law firm has no instructions to withdraw the matter, as the matters for withdrawal in which present whereabouts are not known are pending for consideration with the Mumbai Port Authority for final approval and submits that in the present scenario appropriate orders may be passed.
Hence, as the whereabouts of the defendant are not within the knowledge of plaintiff, no purpose would be served by keeping the matter pending and as such execution application stands disposed of as dismissed for want of taking effective steps.
Nature Of Disposal: DISMISSED
Disposal Date: 21-03-2023

Main Case No: SUIT/0108478/1986
Main Cnr: MHCC010004471986
Main Filing No: 111447

MISC APPLICATION/100175/2023

Filing Number: 102085/2019
Filing Date: 12-03-2019
First Hearing Date: 25th March 2019
Decision Date: 21st March 2023
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI