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EXECUTION APPLN

The Board of Trustees of the Port MumbaiVsUnited India Marine and Trading Co. (P) Ltd.

CNR MHCC01005548201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 20th February 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100172/2019
Registration Date
04 Jun 2019

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 warrant

    Case History / Proceedings

    Case History
    Date: 17-06-2019
    Business: Shri. Chaitnya Rane, advocate for the Plaintiff present. As today is the first date in the matter. On request of Shri. Rane, for taking further steps, adjd to 25/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-06-2019
    
    Date: 25-06-2019
    Business: Mr. Chaitanya Rane, Advocate for plaintiff present. Mr. Rane prays for issue of warrants u/o XXI Rule 43 and 54 of CPC, without issue of notice stating that the Exe. Application is filed within two years of passing Decree. Mr. Rane states that the property sought to be attached is free from all the encumbrances and belongs to defendant. In view of this issue warrants as prayed for, returnable on 17/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Ms. Mrunamayee Kotpaliwar, advocate for the plaintiff present. Shri. Mateen Qureshi and Ms. Priyal Brahmbhatt, advocates for the third party present. Exe.application marked as Exh-A(Colly). Letter dt.15/10/2019 received from Darabshaw B. Curset Jees Sons (Investments) Pvt.Ltd., under this office inward no. 10970, dt. 16/10/2019, taken on record and marked as Exh-B. Copy of the said letter has been served upon advocate for the plaintiff across the bar. Ms. Kotpaliwar seeks time to file reply to the said letter and advocates for the third party undertake to file Vakalatnama by next date. By consent, 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 presnet.
    Shri. Mateen Qureshi and Ms. Priyal Brahmbhat, advocates for the third party present.
    Shri. Qureshi has tendered Vakalatnama of AAK Legal, advocates for the third party, taken on record and marked as Exh-C.
    Copy of letter dt. 15/06/2019, of Darabshaw B. Curset Jees Sons(Investments) Pvt.Ltd., under this office inward no.11002 dt. 17/10/2019, taken on record and marked as Exh-D.
    Original warrants of attachment u/o.XXI Rule 43 and 54 of CPC, alongwith report endorsed thereon, tendered by Ms. Kamat, taken on record and marked as Exh-E and F respectively.
    Shri. Qureshi seeks time to file reply and by consent, adjd to 15/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Ms. Vimal Khandare, advocate for the plaintiff present.
    Shri. Saif Dingankar, advocate for the third party present.
    Shri. Dinagankar has tendered the affidavit of the intervanal, t.o.r. and marked as Exh-G.
    Copy of the said affidavit has been served upon advocate for the plaintiff across the bar.
    Advocate for the plaintiff seeks time to file rejoinder and by consent, adjd to 17/12/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Ms. Bhagyashree Kamat, advocate for the plaintiff present.
    Shri. Saif Dinagankar, advocate for the third party present.
    On request of Ms. Kamat, for filing rejoinder adjd to 06/01/2020, making it clear that, on failure to file rejoinder on the next date, order for razing of attachment will be passed.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: Ms. Bhagyashree Kamat, advocate for the plaintiff present.
    Shri. Saif Dingankar, advocate for the third party present.
    Ms. Kamat has tendered affidavit in reply to the affidavit of the intervenor, t.o.r and marked as Exh-H. Copy of the said reply has been served upon the advocate for the third party across the bar.
    As the matter has become contested by consent of both the advocates, the matter is hereby submitted to the Honourable Court No.20 on 22/01/2020.
    Office to take steps to assign the matter to the Court No.20.
    Parties and advocates to appear before the Court No.20 on 22/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Fresh matter assigned to this Court.
    Adv. Vimal Khandare for plaintiff / Decree Holder present.
    Adv. Asadullah and Adv. Kinnari for Objector/intervenor present.
    Matter By consent adjd for Hearing on intervenor\''s application on 28/02/2020 at 02.45 pm.
    Next Purpose: HEARING
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Adv. Vimal Khandare for plaintiff present.
    Adv. Asaduallah Shaikh and Adv Kinnari Jain for intervenor present.
    KB. L.O. at 4.08 pm
    Ex.02  Intervenor affidavit / application is already filed in Registrar Court.
    Ex.03   Reply on Ex.02 is already filed by Adv for plaintiff in Registrar Court.
    Partly heard on Ex.02 by intervenor advocate.
    Ld Adv for intervenor filed 5 citation t.o.r.
    Matter adjd for further hearing on Ex.02 to 24-03-2020 at 2.45 pm.
    Next Purpose: HEARING
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: HEARING
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: Court is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: Adv. Vimal Khandare for DH present.
    Adv. Asadullah Shaikh and Adv. Kinnari Jain I/b AAK legal for intervenor present.
    The affidavit is filed at Exh. 2 by intervenor praying for setting aside the attachment order only on the basis of affidavit Adv. for intervenor stated that order can be passed.
    Adv. for intervenor stated that he will take appropriate steps.
    Adjd for taking steps to 09/03/2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Adv. Vimal Khandare for DH present.
    Adv. Asadullah Shaikh and Adv. Kinnari Jain I/b AAK legal for intervenor present
    Adv. for intervenor filed draft notice of motion. O- Leave granted to register notice of motion.
    Adjd for reply to notice of motion to 10/06/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Due to COVID-19 matter adj. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Court is vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Court is Vacant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: Court is Vacant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Adv Nishka Shetty for plaintiff /DH present.
    Adv. Diksha Shetty for intervener present.
    Adv for DH tendered reply Affidavit to Notice of Motion t.o.r.
    Copies served on intervener.
    Record shows that intervener has not tendered the registered Notion of Motion on record.
    Advocate for intervener is directed to tender same on  next date.
    Adjd on 22.04.2022 for Notice of Motion reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv for plff present
    Adv  for Defendant
    Adv Hemanshu Shinde I/b AAK Legal for intervener present
    Adv for intervener tendered registered NM a/w supporting affidavit t.o.r.
    Adv for intervener seeks time to file rejoinder.  Granted.
    Matter is adjd on 22.09.2022 for Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Adv Hrishikesh Guhagarkar of plff DH present
    Adv Siddharth Rajamohan for intervener present
    Matter is adjd on 15.10.2022 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: Matter called out at 3.20 pm
    Adv Siddhi More for plff present
    None for defendant
    Adv Siddharthe Rajamohan for intervener present
    Adv for intervener tendered rejoinder in NM 1193/21.  Copy served upon  other side.
    Matter is adjd on 13.12.2022 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: Matter called out at 4.18 pm
    Adv Savita Ganu a/w Siddhi More for plff present
    Adv Ashish Jha for Obstructionists present
    Matter is adjd on 07.02.2023 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: Court is busy in recording evidence in 2077/19 and hearing argument in SU 4056/02. Hence, board is discharged.
    Matter is adjd on 21-03-2023 for Nm hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: None for DH.
    None for JD.
    Adv.Ashish Jha for intervener present.
    KB for argument
    LO at 4.20 pm
    Heard argument of advocate for intervener on Nm 1193/21. Put up for argument of other side.
    Matter is adjd on 31-03-2023 for Nm hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-03-2023
    
    Date: 31-03-2023
    Business: Matter called out at 3.33 pm
    Adv Yasmin Sarang for plff present
    Adv Ashish Jha for intervener present
    None for defendant
    Adv for plaintiff seeks time by submitting that concern advocate is not available today.  Short time is granted as a last chance.
    Matter is adjd on 13.04.2023 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: Matter called out at 3.09 pm
    None for plaintiff
    None for defendant
    Adv. Ashish Zha for intervenor present.
    KB as none present for plaintiff.
    LO at 05.00 pm
    Adv. Ashish Zha for intervenor present.
    No one has appeared for plaintiff for argument though matter is kept back. Therefore argument of plaintiff for notice of motion is closed and notice of motion is listed for order.
    Matter is adjd on 04-05-2023 for Nm order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: Adv. for defendant present.
    Adv. Ashish Zha for intervenor present.
    Matter is adjd on 14-06-2023 for Nm order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: Adv. for plaintiff absent
    Adv. for respondent
    Kept back for order
    Court is busy in final argument in SU No. 6988/05 and recording evidence in Session Cases. Hence, adjourned.
    Case is adjd to 30.06.2023 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: None for plaintiff.
    None for defendant.
    Adv. Rahul P. Darji for intervenor present
    F.R.S.R. following order is passed on NM 1193 of 2021
    ORDER
    1. Notice of Motion No.1193 of 2021 is dismissed.
    2. Notice of Motion No.1193 of 2021 is disposed off accordingly.
    In view of office circular No.31/2023 dated 11.05.2023 of  the Hon\'' ble Principal Judge, the main proceeding i.e. Exe No.172 of 2019 be resend back to C.R. no.59 for further steps. Sheristedar to comply as per the circular.
    Case is adjd to 24.07.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy in hearing on other matters and recording evidence in sessions case hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Adv.Siddhi More i/b M.V.Kini and Company for DH present.
    Matter is adj to 30/09/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Kajal Gupta i/b M.V.Kini and Company for DH/plaintiff present.  She seeks time to take the steps.  Last chance is granted.
    None for JD/defendant.
    Matter is adj to 21/12/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Kajal Gupta i/b M.V.Kini and Company for DH/plaintiff present.
    Lobas Anant Chachad- Asstt.Traffic Manager Gr.Traffic Department Representative of DH/plaintiff present.  He filed application to withdraw the matter marked as Exh-4.
    Representative of DH is directed to file authority letter to withdraw the matter.
    Matter is adj to 20/02/2024 for compliance/order.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Kajal Gupta i/b M.V.Kini for DH/plaintiff present.  She filed xerox copy of authority letter marked as Exhibit-5.
    None for JD/defendant.
    In view of submission of Decree Holder and contents of Exhibit-4 and Exhibit-5 the Execution Application No.172/2019 is disposed off.
    Nature Of Disposal: OTHER
    Disposal Date: 20-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105022/2019
    Filing Date: 04-06-2019
    First Hearing Date: 17th June 2019
    Decision Date: 20th February 2024
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    20 Feb 2024
    Order Details: Other
    Pdf Text: 72
    20/02/2024
    EA 172/19
    Exh-5
    CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Kajal Gupta i/b M.V.Kini for DH/plaintiff present. She filed
    xerox copy of authority letter marked as Exhibit-5.
    None for JD/defendant.
    In view of submission of Decree Holder and contents of Exhibit-4
    and Exhibit-5 the Execution Application No.172/2019 is disposed
    off.
    Judge
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