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NOTICE OF MOTION

The Trustees Of The Port Of BombayVsGrace Lobo And Ors - Obstructionists - Amzel Pvt. Ltd and Ors.

CNR MHCC01003000201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 26th August 2021

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100867/2018
Registration Date
01 Mar 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-03-2018
    Business: Adv. for plaintiff present. Adv. for obstructionist present.
    Adv. for obstructionist tendered registered NM No. 867/18. He is seeking time to file service affidavit regarding service to respondents.
    Adv. for plaintiff seeking time to file reply to NM No.867/18. Time granted.
    Matter adjd. for reply to NM on 09.04.2018.
    Next Purpose: REPLY
    Next Hearing Date: 09-04-2018
    
    Date: 09-04-2018
    Business: Adv. Mr. Irle for plaintiff  present. Adv for obstructionist present.
    Adv for obstructionist filed affidavit of service. Adv. for plaintiff seeking time to file reply to NM no. 867/18.
    Matter adj. for reply and order on 18.06.2018.
    Next Purpose: ORDER
    Next Hearing Date: 18-06-2018
    
    Date: 18-06-2018
    Business: Adv. Ravi Ingale Present for the Plff.
    Adv. Mahatre Present for the Deft.
    Ld counsel for the Plff sought time to file reply of NM 867/18. granted as last chance.
    Matter is for Re-Hearing of NM 1406/17 in CS 1230/033 and reply of NM 867/18 on 17/07/2018.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-07-2018
    
    Date: 17-07-2018
    Business: Adv. Ravi Irale Present for the Plff.
    Adv. S. K. Paranjape Present for the obstructionist.
    Ld counsel for the Plff sought time to filing reply to NM 867/18.
    Adj. For Hearing of CS 1230/03 and Reply on NM 867/18 by Plff and Hearing of NM 1406/17 on 08/08/2018.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-08-2018
    
    Date: 08-08-2018
    Business: Adv. Mrs. Solanki Present for the Plff.
    Adv. Pranjape present for the obstructionist.
    Ld counsel for the Plff sought time to file reply to NM 867/18. time granted. With direction to served the copy of reply in advance to the otherside for hearing of NM 867/18.
    As per service affidavit the NM 867/18 the respondent no.1 and 2 are served. None appear for MCGM and the envelop issued to respondent no.2  return back unclaimed therefore the NM proceeded Ex-parte against Respondent no.01 and 02 as they failed to appear.
    NM 1460/17 is to be re-heard.
    Hence kept for hearing of NM 1460/17 and Reply of NM 867/18 in   CS 1230/03 on 25/09/2018.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-09-2018
    
    Date: 25-09-2018
    Business: P.O. is on Mediation Training
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-10-2018
    
    Date: 30-10-2018
    Business: Adv. Priti Shah Present for the Plff.
    None Present for the Deft.
    Ld counsel for the Plff filed reply to NM 1406/17. t.o.r. copy be served otherside.
    Adj. For Hearing of NM 1406/17 on 14/11/2018.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-11-2018
    
    Date: 14-11-2018
    Business: Adv. Ravi Irle Present for the Plff.
    Adv. Mhatre Present for the Obstructionist.
    On the oral request of the Ld counsel for the Obstructionist Adj. Granted.
    Adj. For Hearing of NM 867/18 on 11/12/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2018
    
    Date: 11-12-2018
    Business: Adv. Ravi Irle Present for the Plff.
    Adv. Pranjape Present for the obstructionist.
    Heard both sides over NM 1406/17 at length.
    Adj. For Order of NM 1406/17 and Hearing of NM 867/18 on 18/01/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-01-2019
    
    Date: 18-01-2019
    Business: PO is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-02-2019
    
    Date: 05-02-2019
    Business: Adv. Shah Present for the Plff.
    Adv. C. K. Mhatre for Obstructionist is Present.
    Adj for Order on 20/02/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-02-2019
    
    Date: 20-02-2019
    Business: Adv. Ravi Irle Present for the Plff.
    Adv.  Present for the Obstructionist.
    F.R.S.R. following order of NM 1406/17.
    1. Notice of Motion NO.1406 of 2017 in Chamber Summons No.1230 of 2003 in Suit NO.5390 of 1970 is allowed and thereby obstructionist is permitted to tender second additional affidavit in reply to Chamber Summons No.1230 of 2003 with additional evidence, if any, within two weeks from the date of this order.
    2. Delay if any cause on the part of obstructionist in filing additional affidavit in reply and/or evidence in support of chamber summons, in that event their right to file additional affidavit and/or to lead evidence will forfeit forever and matter will be proceeded for final argument.
    3. Parties to bear their costs.
    Adj. For Additional Affidavit and  Hearing of NM 867/18 on 19/03/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Adv. Thakkar Present for the Plff.
    Adv. Pranjape Present for the obstructionist.
    Ld counsel for the applicant filed tendered copy of additional affidavit of reply to CS 1230/03. t.o.r. copy served upon Ld counsel for the Plff.
    Adj. For hearing of NM 867/18, 4091/18 on 11/06/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-06-2019
    
    Date: 11-06-2019
    Business: Adv. Ravi Irle Present for the Plff.
    Adv. C. K. Mhatre for Adv. Paranjpe for Obstructionist.
    Adv. Mhatre prayed for adjournment as Adv. Paranjpe is unable to come today.
    Adj to 16/07/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2019
    
    Date: 11-06-2019
    Business: Adv. Ravi Irle Present for the Plff.
    Adv. C. K. Mhatre for Adv. Paranjpe for Obstructionist.
    Adv. Mhatre prayed for adjournment as Adv. Paranjpe is unable to come today.
    Adj to 16/07/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Adv. Ravi Irle for plaintiff present.
    Representative Mr. Kazi for BPT present.
    Matter adjd for NM hearing on 26/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: Adv. Ravi Irle for DH present.
    Adv. Paranjpe for obstructionist present.
    Ld. counsel for obstructionist want time to file additional affidavit. Ld. Counsel for obstructionist filed draft NM a/w affidavit. TOR.
    ORDER Heard. Leave granted. NM be registered. Copy is given on DH.
    Matter adjd for additional affidavit in earlier NM, tendering registered NM and reply on 14/10/2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: Adv. Ravi Irle for DH present.
    Adv. D.K. Mhatre for obstructionist present.
    The Ld. Counsel for obstructionist filed registered NM No.3815/19 a/w affidavit. TOR.
    Copy served to DH.
    Ld. counsel for DH sought time to file reply to NM No.3815/19.
    Matter adjd for NM reply on 26/11/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Gaurav surti Present for the plff.
    Adv. Paranjape Present for the Obstructionist
    On the oral request of the Ld counsel for the plff seeks time for argument.
    Matter adjd for Argument on 22/01/2020.
    Next Purpose: ARBITRATION
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Adv. Mehta for plaintiff present.
    Adv. Paranjpe for Obstructionist present.
    Representative of BPT Mr. Ganesh Pol present.
    Adv. for plff filed VP on behalf of plff. TOR. O-seen and filed.
    On the request of Ld. Counsel for plaintiff matter is adjourned for argue on CS.
    Matter adjd for C/S Argument on 02/03/2020 at 02.45 pm.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Adv. Khusbhu Rupani for plaintiff present.
    Adv. Paranjpe of obstruction present.
    Ld Adv for obstruction submits that he want to file additional affidavit in support of NM 867/2018 due to some subsequent event.
    Matter adjd for filing additional affidavit in support of NM 867/2018 and for reply in NM 3815/2019 to 27-04-2020 at 2.45 pm.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-04-2020
    
    Date: 02-03-2020
    Business: Adv. Khusbhu Rupani for plaintiff present.
    Adv. Paranjpe of obstruction present.
    Ld Adv for obstruction submits that he want to file additional affidavit in support of NM 867/2018 due to some subsequent event.
    Matter adjd for filing additional affidavit in support of NM 867/2018 and for reply in NM 3815/2019 to 27-04-2020 at 2.45 pm.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-04-2020
    
    Date: 02-03-2020
    Business: Adv. Khusbhu Rupani for plaintiff present.
    Adv. Paranjpe of obstruction present.
    Ld Adv for obstruction submits that he want to file additional affidavit in support of NM 867/2018 due to some subsequent event.
    Matter adjd for filing additional affidavit in support of NM 867/2018 and for reply in NM 3815/2019 to 27-04-2020 at 2.45 pm.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 18-05-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 18-05-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 17-06-2020
    
    Date: 18-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 29-08-2020
    
    Date: 29-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 15-12-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 15-12-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Adv. Khushbu Rupani for plaintiff present.
    None for defendant.
    Today matter is for filing additional affidavit in support of NM 867/18 and reply in NM 3815/2019.
    Ld Adv for plaintiff filed reply in NM 3815/19 t.o.r. O- R and R.
    Ld adv for plaintiff to serve copy of reply to the defendant.
    Matter adjd for filing additional affidavit in support of NM 867/18 and hearing in NM 3815/2019 to 05-02-2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-02-2021
    
    Date: 15-12-2020
    Business: Adv. Khushbu Rupani for plaintiff present.
    None for defendant.
    Today matter is for filing additional affidavit in support of NM 867/18 and reply in NM 3815/2019.
    Ld Adv for plaintiff filed reply in NM 3815/19 t.o.r. O- R and R.
    Ld adv for plaintiff to serve copy of reply to the defendant.
    Matter adjd for filing additional affidavit in support of NM 867/18 and hearing in NM 3815/2019 to 05-02-2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-02-2021
    
    Date: 15-12-2020
    Business: Adv. Khushbu Rupani for plaintiff present.
    None for defendant.
    Today matter is for filing additional affidavit in support of NM 867/18 and reply in NM 3815/2019.
    Ld Adv for plaintiff filed reply in NM 3815/19 t.o.r. O- R and R.
    Ld adv for plaintiff to serve copy of reply to the defendant.
    Matter adjd for filing additional affidavit in support of NM 867/18 and hearing in NM 3815/2019 to 05-02-2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv. Khushboo Rupani for plaintiff present.
    Adv. for obstructionist present and seeks time to file rejoinder.
    Adv. for plaintiff filed affidavit of service to motion No. 3815/19
    Adv. for obstructionist stated that the roznama dt. 15.12.2020 shows that it is for filing additional affidavit in NM No. 867/18. On hearing the reason for filing this Notice of motion the maintainability issue of the dispute is in respect of payment of assessment tax to BMC. Therefore Adv. for obstructionist to argue maintainability of motion in the execution.
    Adjd for rejoinder of obstructionist/hearing to 10/03/2021
    Next Purpose: REJOINDER
    Next Hearing Date: 10-03-2021
    
    Date: 05-02-2021
    Business: Adv. Khushboo Rupani for plaintiff present.
    Adv. for obstructionist present and seeks time to file rejoinder.
    Adv. for plaintiff filed affidavit of service to motion No. 3815/19
    Adv. for obstructionist stated that the roznama dt. 15.12.2020 shows that it is for filing additional affidavit in NM No. 867/18. On hearing the reason for filing this Notice of motion the maintainability issue of the dispute is in respect of payment of assessment tax to BMC. Therefore Adv. for obstructionist to argue maintainability of motion in the execution.
    Adjd for rejoinder of obstructionist/hearing to 10/03/2021
    Next Purpose: REJOINDER
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Adv. Khushboo Rupani for plaintiff present.
    Adv. S. K. Paranjape for obstructionist present and filed rejoinder to NM No. 3815/19. t.o.r.
    FRSR FOLLOWING ORDER PASSED IN
    Notice of Motion No. 3815/19
                                         ORDER
    Adv. for obstructionist has not pressed the notice of motion. Adv. for obstructionist has noted that they do no want to press the present notice of motion. Hence notice of motion stands disposed of as withdrawn.
    Adv. for obstructionist is seeking time to argue NM No. 867/18. Adjournment granted as last chance.
    Adjd for NM hearing to 05/04/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: Ch/s. 1230/03  	Adv. Ms. Khushboo Rupani for Decree Holder present.
    @ NM 867/18	None present for Obstructionists.
    In SU 5390/70	Mr. Sushil Despande representative of BPT present.
    D/Off	On 10/03/2021 a last chance was given to the Obstructionists to advance the arguments in the matter.  But today, none appeared for Obstructionists.  The NM may be heard and disposed off today itself, but due to the SOP of Hon\''ble High Court due to pandemic of COVID-19, matter adj. to 25/08/2021 for Hearing/Order.
    Next Purpose: ORDER
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Adv. Ms. Khushboo Rupani for Decree Holder present.
    In SU 5390/70	Adv. Mr. P. K. Mhatre for Obstructionist present.
    NM 867/18	Heard both the sides.
    	Matter adj. to 26/08/2021 for NM Order.
    Next Purpose: ORDER
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Adv. Ms. Khushboo Rupani for Decree Holder present.
    In SU 5390/70	Adv. Mr. P. K. Mhatre for Obstructionist present.
    NM 867/18	F.R.S.R. following Order is passed :-
    			ORDER
    	NM No. 867/2018 is dis-allowed with costs and accordingly disposed off.
    	Matter adj. to 30/09/2021 for Hearing of Ch/s.
    Nature Of Disposal: DISMISSED
    Disposal Date: 26-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 103309/2018
    Filing Date: 01-03-2018
    First Hearing Date: 13th March 2018
    Decision Date: 26th August 2021
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    26 Aug 2021

    Order Details: Notice of Motion Pdf Text: MHCC010030002018 Presented on : 01032018 Registered on : 01032018 Decided on : 26082021 Duration : 3 years, 5 months, 25 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 867 OF 2018 IN CHAMBER SUMMONS NO.1230 OF 2003 IN S.C. SUIT NO. 5390 OF 1970 The Trustees of the Port of Bombay … Plaintiff VERSUS 1A Grace Lobo widow of Joseph William Lobo And Ors. … Defendants. And 1.…

    Read Full Order
    Order 1Full order available
    26 Aug 2021

    Order Details: Notice of Motion Pdf Text: MHCC010030002018 Presented on : 01032018 Registered on : 01032018 Decided on : 26082021 Duration : 3 years, 5 months, 25 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 867 OF 2018 IN CHAMBER SUMMONS NO.1230 OF 2003 IN S.C. SUIT NO. 5390 OF 1970 The Trustees of the Port of Bombay … Plaintiff VERSUS 1A Grace Lobo widow of Joseph William Lobo And Ors. … Defendants. And 1.…

    Read Full Order

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