EXECUTION APPLN
THE BOARD OF TRUSTEES OF THE PORT OF MUMBAIVsMAERSK INDIA PVT. LTD.
CNR MHCC01004026201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 16th July 2022
TrustJury record updated 11 Sept 2026
Case Overview
- Registration Number
- 100079/2018
- Registration Date
- 23 Mar 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec NOTICE
Case History / Proceedings
Case History
Date: 02-05-2018 Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present. Ms. Agarwal prays for issue of notice u/o. XXI Rule 22 of C.P.C. Hence, issue notice as prayed for, returnable on 25/07/2018. Next Purpose: FOR___________________ Next Hearing Date: 25-07-2018 Date: 25-07-2018 Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present. For completing service, adjd to 17/09/2018. Next Purpose: FOR___________________ Next Hearing Date: 17-09-2018 Date: 17-09-2018 Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present. For completing service, adjd to 16/11/2018. Next Purpose: FOR___________________ Next Hearing Date: 16-11-2018 Date: 16-11-2018 Business: Ms.Vimal Khandare I/b. M/s. M. V. Kini and Co. Advocate for plaintiff present. On request of Ms. Khandare, issue fresh notice u/o.XXI, Rule 22 of CPC, returnable on 15/12/2018. Next Purpose: FOR___________________ Next Hearing Date: 15-12-2018 Date: 15-12-2018 Business: Ms. Vimal Khandare, Advocate for plaintiff present. Shri. Deepak Rane, Advocate for defendant No. 03 present. Shri. Rane, seeks time to file Vakalatnama and reply stating that copy of entire Exe. Application has not been served upon defendant No. 03. Ms. Khandare undertakes to furnish copy of execution application to advocate for defendant No. 03. Hence by consent adjourned to 01/02/2019. Next Purpose: FOR___________________ Next Hearing Date: 01-02-2019 Date: 01-02-2019 Business: Shri. Deepak Rane, Advocate for defendant no. 3 present. None for plaintiff. Exe. Application markes as Exh. A (Colly). Shri. Rane, has tendered Vakalatnama of M/s N. Jamnadas and Co., advocate for the defendant no. 3, taken on record and marked as Exh. B. Shri. Rane, undertakes to file reply by next date and on his request adjourned to 14/02/2019. Next Purpose: FOR___________________ Next Hearing Date: 14-02-2019 Date: 14-02-2019 Business: Miss. Vimal Khandare, Advocate for plaintiff present. Ms. Khandare, has tendered affidavit of service, taken on record and marked as Exh. C. As the notice upon defendant no. 2 could not be served, Ms. Khandare seeks time to find out present whereabouts of the defendant. Ms. Khandare, further states that service against defendant no.1 is also not yet completed and prays for issue of fresh notice against defendant no. 1, as the original notice came to be filed alongwith the affidavit of service tendered today. Hence, issue fresh notice against defendant no. 1 returnable on 15/04/2019. Next Purpose: FOR___________________ Next Hearing Date: 15-04-2019 Date: 15-04-2019 Business: Ms. Siddhi More I/b M/s. M. V. Kini and Co., Advocate for Plaintiff, present. On request of Ms. More,for completing service against defendant no.1, adjd to 27/06/2019. Next Purpose: FOR___________________ Next Hearing Date: 27-06-2019 Date: 27-06-2019 Business: Shri. Chaitnaya Rane, advocate for the Plaintiff present. On request of Shri. Rane, adjd to 16/08/2019, for completing service against defendant no.1. Next Purpose: FOR___________________ Next Hearing Date: 01-07-2019 Date: 01-07-2019 Business: Parties and Advocate absent, adjd to 04/07/2019, matter is taken on board by way of praecipe, marked as Exh.D. Next Purpose: FOR___________________ Next Hearing Date: 04-07-2019 Date: 04-07-2019 Business: Parties and Advocate absent, adjd to 09/07/2019. Next Purpose: FOR___________________ Next Hearing Date: 09-07-2019 Date: 09-07-2019 Business: Parties and Advocate absent, As Court is on leave, board discharged and adjd to 15/07/2019. Next Purpose: FOR___________________ Next Hearing Date: 15-07-2019 Date: 15-07-2019 Business: Parties and Advocate absent, adjd to 16/08/2019. Next Purpose: FOR___________________ Next Hearing Date: 16-08-2019 Date: 16-08-2019 Business: Ms. Vimal Khandare, advocate for the Plaintiff present. On request of Ms. Khandare, returnable date of notice is extended till, 01/11/2019. Next Purpose: FOR___________________ Next Hearing Date: 01-11-2019 Date: 01-11-2019 Business: Ms. Vimal Khandare, advocate for the plaintiff present. On request of Ms. Khandare, for completing service, adjd to 17/02/2020. Next Purpose: FOR___________________ Next Hearing Date: 17-02-2020 Date: 17-02-2020 Business: Ms. Bhagyashree Kamat, advocate for the plaintiff present. Ms. Shweta Rankhambe I/b Shantulan Singh, advocate for defendant no.02 present. Shri. Deepak Rane, advocate for the defendant no.03 present. Ms. Shilpa Kadam, representative of M/s. Janmadas and Co., defendant no.03 present. Ms. Rankhambe undertake to file Vakalatnama on next date and seeks time to file reply. Shri. Rane also seeks time to file reply. Hence, by consent, adjd to 17/03/2020. Next Purpose: FOR___________________ Next Hearing Date: 17-03-2020 Date: 17-03-2020 Business: Ms. Bhagyashree Kamat, Advoate for plaintiff present. Shri Deepak Rane Advocate for defendant No.3 present. Shri Rane states that reply is not yet ready as the certified copies applied by him are not yet provided. Hence, by consent adjourned to 01/04/2020. Next Purpose: FOR___________________ Next Hearing Date: 01-04-2020 Date: 01-04-2020 Reason For Adjournment: National Lock Down Next Purpose: FOR___________________ Next Hearing Date: 16-04-2020 Date: 16-04-2020 Next Purpose: FOR___________________ Next Hearing Date: 12-06-2020 Date: 12-06-2020 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. On request of Ms.Khandare, for taking instructions, 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. Shri Shantanu Singh advocate for defendant No.2 present. None for defendant Nos.1 and 3. Shri Singh has tendered vakalatnama for defendant No.2 t.o.r. and marked as Exh.E. Shri Singh seeks time to file reply. Ms. Khandare prays for issue of warrants of attachment u/o. XXI, Rule 43 and 54 of CPC, against defendant No.3, as the defendant No.3 though engaged advocate, has not yet filed reply. Hence, issue warrants of attachment against defendant No.3 as prayed for returnable on 16/03/2021. Next Purpose: FOR___________________ Next Hearing Date: 12-02-2021 Date: 12-02-2021 Business: Ms.Bhagyashree Kamat advocate for plaintiff present. Shri Jintendra Pathade advocate for defendant No.3 present. Matter is taken on board by way of precipee filed by advocate for defendant No.3 marked as Exh.F. Shri Pathade has filed unnumbered application for setting aside the order dated 03/02/2021 passed by this court in respect of issuance of warrants of attachment against defendant No.3. In the said application he is also praying that pending the hearing and disposal of the application execution of the order dated 03/02/2021, be stayed. Shri Pathade states that he could not remain present on 03/02/2021, as he was under going dental treatment from 27/01/2021 to 09/02/2021, and has tendered copy of medical certificate dated 11/02/2021, issued by WHITE dental clinic at Nerul, Mumbai, kept in R and P. Ms. Kamat seeks time to file reply to the application filed by defendant No.3 today and further stating that the order dated 03/02/2021 be executed. Record shows that the attachment warrants in pursuance of order dated 03/02/2021, are yet to be issued and as the advocate for plaintiff seeking time to file reply to the application filed by defendant No.3 today, the order dated 03/02/2021, passed by this court for issuance of warrants of attachment is kept in abeyance till next date. For reply of plaintiff, adjourned to 16/03/2021. Application of defendant No.3 tendered today be numbered as Misc. application Next Purpose: FOR___________________ Next Hearing Date: 16-03-2021 Date: 16-03-2021 Business: Ms. Bhagyashri Kamat advocate for plaintiff present. Shri Deepak Rane advocate for defendant No.2 present. Shri Jitendra Pathade advocate for defendant No.3 present. Ms. Kamat has tendered affidavit in reply of plaintiff to the application dated 11/02/2021 of defendant No.3, tendered before the Court on 12/02/2021, t.o.r. and marked as Exh.G. Shri Pathade advocate for defendant No.3 has tendered affidavit in reply of defendant No.3 t.o.r. and marked as Exh.H. Reply of defendant No.2 is awaited. The matter has already become contested upon filing application by defendant No.3, reply to the said application by plaintiff and affidavit in reply of defendant No.3, and therefore the matter is hereby submitted to Honourable Court on 16/04/2021 as per assignment. Office to number the Misc.application of the defendant No.3, tendered on 12/02/2021. On request of Shri Pathade advocate for defendant No.3, with consent of advocate for plaintiff, order passed by this Court on 12/02/2021, keeping in abeyance order dated 03/02/2021, in respect of issuance of warrant of attachment to continue. Office to take steps to assign the execution application and the Misc application to the Honourable Court. Parties and advocates to appeared before the Honourable Court on 16/04/2021, as may be assigned. Next Purpose: FOR___________________ Next Hearing Date: 16-04-2021 Date: 16-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: FOR___________________ Next Hearing Date: 18-08-2021 Date: 18-08-2021 Business: Adv. Ms. Vimal Khandar for Plaintiff present. None present for Defendant. Matter adj. to 07/10/2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 07-10-2021 Date: 07-10-2021 Business: Court is vacant Next Purpose: HEARING Next Hearing Date: 15-12-2021 Date: 15-12-2021 Business: Court is Vacant. Next Purpose: HEARING Next Hearing Date: 08-02-2022 Date: 08-02-2022 Business: COURT IS VACANT Next Purpose: HEARING Next Hearing Date: 25-03-2022 Date: 25-03-2022 Business: Adv. Ruchi Thakur for plff/DH present. Adv. Jitendra Pathade for defendant No.3 present. Adv for defendant No.3 tendered draft Notice of Motion along with affidavit. t.o.r Order - Leave granted to register. Defendant No. 3 to tender registered Notice of Motion with advance service to plaintiff/ DH. Adjd on 16.7.2022 for Reply to Notice of Motion. Next Purpose: HEARING Next Hearing Date: 16-07-2022 Date: 16-07-2022 Business: Matter called out at 12.09 pm Adv Hrishikesh Guhagarkar a/w Radha Bhandari I/b MV Kini and Co. for plff DH present None for Defendant JD Adv for plff DH tendered letter issued by Law Officer of the DH t.o.r marked as Exh I Adv for the DH submits that the claim against defendant is settled under Amnesty scheme and requests to dispose off the proceeding. The letter Exh I indicates that the claim against defendant is compromised. Therefore, the present Execution proceeding stands disposed off as withdrawn. Pending NM No. 1813/2022 also stands disposed off. Nature Of Disposal: WITHDRAWL Disposal Date: 16-07-2022
Additional Case Details
Additional Case Details
Filing Number: 100879/2018 Filing Date: 23-03-2018 First Hearing Date: 02nd May 2018 Decision Date: 16th July 2022 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
2Final Order 116 Jul 2022
16 Jul 2022
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :Court 59 ASST SESSIONS JUDGE Case No. :EXECUTION APPLN/0100079/2018 THE BOARD OF TRUSTEES OF THE PORT OF MUMBAI Vs MAERSK INDIA PVT. LTD. Date : 16-07-2022 Business : Matter called out at 12.09 pm Adv Hrishikesh Guhagarkar a/w Radha Bhandari I/b MV Kini and Co. for plff DH present None for Defendant JD Adv for plff DH tendered letter issued by Law Officer of the DH t.o.r marked as Exh I Adv for the DH submits that the claim against defendant is settled under Amnesty scheme and requests to dispose off the proceeding. The letter Exh I indicates that the claim against defendant is compromised. Therefore, the present Execution proceeding stands disposed off as withdrawn. Pending NM No. 1813/2022 also stands disposed off. Nature of Disposal : WITHDRAWL Disposal Date : 16-07-2022 Court 59 ASST SESSIONS JUDGE -- 1 of 1 --
Order 116 Jul 2022
16 Jul 2022
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :Court 59 ASST SESSIONS JUDGE Case No. :EXECUTION APPLN/0100079/2018 THE BOARD OF TRUSTEES OF THE PORT OF MUMBAI Vs MAERSK INDIA PVT. LTD. Date : 16-07-2022 Business : Matter called out at 12.09 pm Adv Hrishikesh Guhagarkar a/w Radha Bhandari I/b MV Kini and Co. for plff DH present None for Defendant JD Adv for plff DH tendered letter issued by Law Officer of the DH t.o.r marked as Exh I Adv for the DH submits that the claim against defendant is settled under Amnesty scheme and requests to dispose off the proceeding. The letter Exh I indicates that the claim against defendant is compromised. Therefore, the present Execution proceeding stands disposed off as withdrawn. Pending NM No. 1813/2022 also stands disposed off. Nature of Disposal : WITHDRAWL Disposal Date : 16-07-2022 Court 59 ASST SESSIONS JUDGE -- 1 of 1 --
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