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EXECUTION APPLN

M/s. Somani Tea Co. Civil Case No. 62 of 2018 Comm. Court.No. 2 Jaipur RajasthanVsR.R. Oomarbhoy Pvt. Ltd. and Ors.

CNR MHCC01003126202014-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 08th September 2025

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100178/2020
Registration Date
11 Mar 2020

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: 23-03-2020
    Business: In view of Office Order No.67 of 2020 issued in pursuance Circular dated 20/03/2020 issued by Honourable High Court, Bombay, matter is adjd to 07/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 09-07-2020
    
    Date: 09-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Parties and advocate are absent adjourned to 21/01/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Mr. Sourabh Mishra i/b Rajendra Mishra, Advocate for Plaintiff, present.
    On request of Shri Mishra, issue notice U/o.XXI Rule 22 of CPC returnable on 01/03/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Shri Rajendra Mishra advocate for plaintiff present.
    On request of Shri Mishra matter adjourned to 23/03/2021, for competing service.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Shri Saurabh Mishra advocate for plaintiff present.
    Shri S.M.A. Zahir advocate for defendant No.1 and 2 present.
    Exe.application marked as Exh.A(Colly.).
    Shri Mishra has tendered original notice along with bailiff report, t.o.r and marked as Exh.B.
    Shri Zahir undertakes to file vakalatnma on next date and seeks time to file reply stating that copy of execution application has not been received by him.
    Hence, by consent matter adjourned to 19/04/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: Shri Saurabh Mishra advocate for plaintiff present.
    On request of Shri Mishara matter adjourned to 05/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 09/08/2021.
    Shi Saurabh Mishra, Advocate for Plaintiff present.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Shri Saurabh Mishra advocate for plaintiff present.
    Shri Mishra states that advocate for defendant has not yet filed vakalatnama and reply of defendant and therefore prays that matter be proceeded further.
    However, in the interest of justice short adjournment is granted making it clear that if no reply is filed on next date, matter will be proceeded further.
    Matter adjourned to 24/08/2021, for last chance to file reply.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: Shri Saurabh Mishra advocate for plaintiff present.
    Shri Mishara prays for issue of warrants u/o.XXI, Rule 43 and 54 of CPC as though the advocate for defendant appeared in the matter has neither filed vakalatnama  nor filed reply.
    Shri Mishra further states that the properties sought to be attached belongs to defendant and free from all the encumbrances.
    In view of this issue warrants as prayed for returnable on 29/10/2021.
    LO
    Ms. Nisha Shah, advocate for defendant appeared and she has been informed about above order.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Shri Saurabh Mishra, advocate for plaintiff present.
    Shri Sayyad Zahir, advocate for defendant No.1 present.
    Original warrants u/o.XXI, Rule 43 and 54 of CPC, with bailiff report regarding non execution there of pasted in respective warrant, t.o.r and marked as Exh.C and D respectively.
    Shri Zahir, tendered vakalatnma of M/s. Kalpesh Joshi Advocates, for defendant No.1, t.o.r and marked as Exh.E.
    Shri Zahir, also tendered affidavit of defendant No.1 t.o.r and marked as Exh.F.
    Copy of the same has been served upon advocate for plaintiff across the Bar.
    As upon filing of affidavit by defendant No.1 matter has become contested and therefore by consent of both the advocates matter is hereby submitted to Honourable Court on 17/11/2021 as per assignment.
    Office to takes steps for assignment of matter to the Honourable Court.
    Parties and advocates to appear before the Court as may be assigned on 17/11/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: ( Matter received from department. )
    Adv. R.R. Mishra for DH present.
    Adv. Nisha Shah for JD present.
    Adv. For JD tendered draft N/M.  Leave to register N/M is granted.
    Copy of draft N/M is served to Adv. For DH.
    The matter is adjd for reply to N/M to 26.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Adv. Saurabh Mishra for DH present.
    Adv. Nisha Shah for JD present.
    Adv. For JD tendered registered N/M No.2906/21. T.O.R.
    Adv. For DH prayed time for filing reply to N/M.  Time as prayed for is granted.
    The matter is adjd for reply to N/M to 10.12.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Adv. Saurabh Mishra for DH present.
    Adv. Nisha Shah for JD present.
    Adv. For DH filed reply to N/M No.2906/21.  T.O.R.
    Copy of reply is served to Adv. For JD.
    The matter is adjd for hearing on N/M No.2906/21 to 10.01.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: None present.
    In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for hearing on N/M to 08.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: None present.
    In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for hearing on notice of motion to 04.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: Adv. Saurabh Mishra for DH present.
    Adv. Nisha Shah for JD present.
    N/M No.2906/2021 is taken out in Execution Application no.178/20.  Exe. Apln. No.178/20 is filed for execution of decree passed in R.C.S. No.62/2018 (Commercial Court no.2, Jaipur, Rajasthan).  Deft. has filed on record copy of the order passed by Commercial Court, Jaipur dated 28.10.2021.  By said order, operation of the decree is kept under abeyance.  Therefore, hearing of present N/M is adjourned.
    The matter is adjd for N/M hearing to 11.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: None for DH.
    Adv. Nisha Shah for JD present.
    The matter is adjd for hearing on N/M to 15.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Adv. Saurabh R. Mishra for DH present.
    Adv. Nisha Shah for JD present.
    Adv. For DH tendered order dated 21.05.2022 passed by Commercial Court No.2, Jaipur, Rajasthan in Case No.12/2021.  T.O.R.
    Ld. counsel for JD submits that JD has challenged said order in appeal and appeal is pending.  By making these submissions, Ld. Counsel for JD prayed for an adjournment for hearing on N/M.  Considering the submissions advanced on behalf of JD, adjournment as prayed for is granted for today.
    The matter is adjd for N/M hearing to 14.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. Ankita Mohite for DH present.
    Adv. Nisha Shah for JD present.
    Both parties sought an adjournment. Therefore, adjournment as prayed for is granted.
    The matter is adjd for hearing on N/M to 02.08.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: Adv. R.R. Mishra for DH present.
    Adv. Nisha Shah for JD present.
    Adv. For JD sought an adjournment for hearing on N/M.  Adjournment as prayed for is granted as a last chance.
    The matter is adjd for hearing on N/M to 04.08.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: Adv. Saurabh Mishra I/b Adv. Mishra for plaintiff present.
    KB
    LO
    Adv. Saurabh Mishra I/b Adv. Mishra for plaintiff present.
    Adv. Nisha Shah I/b Adv. Kalpesh Joshi for deft. present.
    Adv. For deft prayed for an adjournment on the ground that defendant wants to file affidavit regarding appeal filed before Rajasthan High Court.
    On 02/08/2022 adjournment was granted to defendant as a last chance. Defendant is seeking adjournments since June 2022 on the ground of filing the appeal. Execution Proceeding pending before this Court can not be stayed on the ground that defendant preferred an appeal. Therefore adjournment as prayed for is granted subject to cost of Rs. 5000/- payable to plaintiff as a last chance.
    The matter is adjd for N/m hearing to 06-08-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: Adv. Saurabh Mishra for plaintiff present.
    Adv. Nisha Shah for deft. no.1 present.
    Costs of Rs.5,000/- is paid by Adv. For deft. no.1 to Adv. For plaintiff.
    Adv. For deft. no.1 also tendered additional affidavit in support of N/M.  T.O.R.
    Copy thereof is supplied to Adv. For plaintiff.
    Heard arguments on N/M No.2906/21.
    During hearing of the N/M, Ld. counsel for deft. no.1 submits that she does not want to proceed with the N/M.   Accordingly, she has not pressed the N/M.  Therefore, N/M No.2906/21 is disposed of.  No order as to costs.
    The matter is adjd for steps to 29.08.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Adv. Saurabh Mishra for plaintiff present.  He sought time for hearing.  Time as prayed for is granted.
    The matter is adjd for hearing to 03.10.2022.
    L.O. at 11.20 am.
    Adv. Nisha Shah for deft. no.1 present.
    The matter is already adjd for hearing to 03.10.2022.
    Next Purpose: HEARING
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: The Court is Vacant.
    Hence. The Matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Business: The Court is Vacant.
    Hence, the matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: HEARING
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    
    Date: 03-03-2023
    Business: The court is vacant. Hence, matter is adjd to
    Next Purpose: HEARING
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Court is Vacant. Matter is adjourned to
    Next Purpose: HEARING
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: As court is vacant. Hence, matter is adjd to
    Next Purpose: HEARING
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: HEARING
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: HEARING
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: Matter received from C.R.No. 14.
    Adv. Saurabh Mishtra i/b Rajendra Mishra for applicant is present.
    Matter is adj for taking steps by applicant to 12/09/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: Adv. Saurabh Mishra for D/H(plaintiff) is present and seeking  time for taking steps. O- Time granted as prayed for.
    Adv. Sarvesh Dixit i/b Kalpesh Joshi  for J/D (def.) is present.
    Matter is adj for taking steps to 10/10/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: Adv. Saurabh Mishra i/b Rajendra Mishra  for  D/H(plaintiff) is present and tendered draft Ch/S a/w affidavit in support. O- Leave granted to register it. Copy is served to the other side.
    Adv. Nisha Shah for J/D(def.)is present.
    Matter is adj for Ch/S returnable to 01/12/2023.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 01-12-2023
    
    Date: 01-12-2023
    Business: Court is on leave. Hence adjd.to
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 04-01-2024
    
    Date: 04-01-2024
    Business: None present for Decree Holder and Judgment Debtor.
    Matter stands Adj for affidavit of service of Ch/s. To 08.02.2024.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-02-2024
    
    Date: 08-02-2024
    Business: Adv Atul Pande h/f Adv Rajendra Mishra for DHR present.
    He be directed to tender registered CS on or before next date.
    Matter stands Adj for CS on 16/03/2024.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 16-03-2024
    
    Date: 16-03-2024
    Business: Adv. Saurabh Mishra for D.H.  is present.
    Ld. adv of plaintiff tendered registered Ch/S No. 2055/2023 alongwith affidavit in support.
    Copy is already served to the other side.
    None present for J.D.
    Last chance is granted to J.D. to file reply to Ch/S.
    Matter stands Adj for Ch/S reply 16/04/2024.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: Adv Saurabh Mishra for DHR present.
    Inspite of giving opportunity JDR failed to file reply to CS.  Hence matter proceeded without reply of JDR.
    Matter stands Adj for CS Hearing on 21/06/2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: Adv. Saurabh Mishra i/b Rajendra Mishra Present for Decree Holder.
    None Present for Judgment Debtor.
    Matter stands Adj for for chamber summons hearing
    on 02-07-2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-07-2024
    
    Date: 02-07-2024
    Business: Adv Saurabh Mishra for DHR present.
    Heard.
    F. R. S. R. following order is passed -
    Order
    1. Chamber Summons No. 2055/2023 stands allowed and made absolute in terms of prayer clause (a) and (b).
    2. Chamber Summons No. 2055/2023 stands disposed of.
    Matter stands Adj for Compliance on 02/08/2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    Business: Adv Saurabh Mishra for DHR present.
    None for JDR.
    He submits that inspite of order directing the JDR to file affidavit of his assets, failed to do so till today.  Hence he is given liberty to intimate the order passed by this Court in CS 2055/2023 to the JDR before taking other steps.
    Matter stands Adj for Compliance on 30/08/2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-08-2024
    
    Date: 30-08-2024
    Business: P. O. is On Leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-10-2024
    
    Date: 01-10-2024
    Business: Adv Saurabh Mishra for DHR present.
    Representative of JDR present.
    Adv Zahir for the JDR present.
    It is submitted that, the matter is likely to be settled.
    Hence, by consent, matter stands Adj for Settlement on 18/11/2024.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 18-11-2024
    
    Date: 18-11-2024
    Business: Adv Shailesh Tiwari for DH present.
    Adv S. M. A. Zahir for JD present.
    JDR Mr. Sameer Waikar present.
    Matter stands Adj for settlement on 19.11.2024.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 19-11-2024
    
    Date: 19-11-2024
    Business: None for DH present.
    Adv S. M. A. Zahir for JD present.
    Matter stands Adj for settlement on 05.12.2024.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 05-12-2024
    
    Date: 05-12-2024
    Business: Adv. Saurabh Mishra for DHR present.
    Adv. SMA Zahir for JDR present.
    K. B.
    Later on at 12.05 p.m.
    Same appearance.
    It is submitted that matter is likely to be settled by handing over cheques in near future and on or before next date when the formal settlement deed will be filed before the court. Hence matter stands adj for settlement on 14.01.2025.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 14-01-2025
    
    Date: 14-01-2025
    Business: P. O. is on Leave.
    None present for DHR and JDR.
    Matter stands Adj for Settlement on 07/02/2025.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 07-02-2025
    
    Date: 07-02-2025
    Business: Adv. Saurabh Mishra for DHR present through VC.
    It is submitted that the matter is likely to be settled out of the court. Hence, matter stands Adj for settlement on
    19-03-2025.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 19-03-2025
    
    Date: 19-03-2025
    Business: None present for DHR and JDR.
    Matter stands Adj for Settlement on 19/04/2025.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: Adv Saurabh Mishra for DHR present.
    None present for JDR.
    Matter stands Adj for Settlement on 20/06/2025.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 20-06-2025
    
    Date: 20-06-2025
    Business: Adv Saurabh Mishra for DHR present through VC
    None present for JDR.
    Matter stands Adj for Settlement on 25/07/2025.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 25-07-2025
    
    Date: 25-07-2025
    Business: None present for DHR.
    Adv Nisha for JDR present through VC.
    KB
    LO at 12.42 pm
    Adv Mitesh Lakhotia for DHR present.
    He filed pursis. t.o.r. marked as Exh. G.  O- Seen.
    Matter stands Adj for Settlement on 08/09/2025.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 08-09-2025
    
    Date: 08-09-2025
    Business: Representative of DHR and JDR present.
    Adv Saurabh Mishra for DHR present.
    Adv S. M. A. Zahir for JDR present.
    Adv for DHR filed an application for withdrawal of matter. t.o.r. marked as Exh. H.  O- Seen.  The parties are present through their representatives and Advocates and admits the contents of the same to be true.  Hence, in view of the fact that recovery amount has been deposited with DHR vide cheques which are already honoured, Execution Application No. 178 of 2020 stands disposed off as withdrawn.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 08-09-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103192/2020
    Filing Date: 11-03-2020
    First Hearing Date: 23rd March 2020
    Decision Date: 08th September 2025
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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