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EXECUTION APPLN

Chairman Mumbai Port Trust. and anr.VsH.K. Joshi and. Co.Pvt. Ltd.

CNR MHCC010057572018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 29th August 2023

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
100118/2018
Registration Date
25 Apr 2018

Advocates

1

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: 29-06-2018
    Business: Parties and Advocate absent, adjd to 11/07/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-07-2018
    
    Date: 11-07-2018
    Business: Parties and Advocate absent. Later on, Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present.  Since,  Court is on leave, board discharged and on request of Ms. Agarwal adjd to 10/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-09-2018
    
    Date: 10-09-2018
    Business: Parties and Advocate absent, adjd to 30/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-10-2018
    
    Date: 30-10-2018
    Business: Ms.Vimal Khandare I/b. M/s. M. V. Kini and Co. Advocate for plaintiff present.  On request of Ms. Khandare issue notice u/o.XXI Rule 22 of CPC, returnable on 10/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-12-2018
    
    Date: 10-12-2018
    Business: Miss. Vimal Khandare, Advocate for plaintiff present. As Court is on leave, board discharged and adjourned to 15/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-12-2018
    
    Date: 15-12-2018
    Business: Ms. Vimal Khandare, Advocate for plaintiff present. On request of Ms. Khandare for completing service/for filing affidavit of service  adjourned to 02/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-02-2019
    
    Date: 02-02-2019
    Business: Miss. Vimal Khandare, Advocate for plaintiff present. Execution application has marked as Exh. A (Colly). Ms. Khandare has tendered affidavit of service dt. 21/12/2018, taken on record and marked as Exh. B. On request of Ms. Khandare, adjourned to 14/03/2019, for taking further steps as notice could not be served.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Miss. Vimal Khandare, Advocate for plaintiff present. On request of Ms. Khandare,  adjd to 11/04/2019, for taking further steps.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Ms. Siddhi More I/b M/s. M. V. Kini and Co., Advocate for Plaintiff, present.  On request of Ms. More, for taking further steps, adjd to 28/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: Shri. Chaitnaya Rane, advocate for the Plaintiff present. On request of Shri. Rane, adjd to 30/09/2019, as the plaintiff has taken necessary steps to find out present whereabouts of the defendant.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: Ms. Vimal Khandare, advocate for the Plaintiff present. On request of Ms. Khandare, for taking steps, adjd to 16/12/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Ms. Vimal Khandare, advocate for the plaintiff present.
    Ms. Khandare states that whereabouts about of the defendant have been traced out and for taking further steps, on request of Ms. Khandare, adjd to 29/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Ms. Bhagyashree Kamat, advocate for the plaintiff present.
    Ms. Kamat has tendered amendment application t.o.r and marked as Exh.C.
    Upon hearing Ms. Kamat amendment application allowed. Amendment carried out as per rules and notice after amendment is made returnable on 11/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Ms. Bhagyashree Kamat Advoate for plaintiff present.
    On request of Ms. Kamat, adjd to 15/04/2020, for completing service after amendment.
    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.
    On request of Ms.Khandare, for filing an application for amendment in respect of address of defendant, 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.
    On request of Ms. Khandare for filing application for amendment adjourned to 17/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Ms. Vimal Khandare advocate for plaintiff present.
    Ms. Khandare has tendered amendment application t.o.r. and marked as Exh.-D.
    Upon perusing application and upon hearing Ms. Khandare, amendment application allowed.
    Amendment be carried out on or before next date.
    Matter 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.
    Ms. Kamat states that amendment has been carried out and prays for issue of Notice u/o.XXI, Rule 22 of CPC.
    Hence, issue notice as prayed for returnable on 30/04/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 26/06/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-06-2021
    
    Date: 26-06-2021
    Business: Being holiday as per Office Order No.117 of 2021, matter adjourned to 31/08/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: As Court is on leave, board discharged and matter adjourned to  28/09/2021.
    On request of Ms.Bhagyashri Kamat, Adv. for pltf. her appearance is marked.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Parties and Advocates absent, matter adjourned to 17/11/2021, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: As Court is on leave, board discharged and matter adjourned to 25/01/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: In view of Office Order No.07 of 2022, matter adjourned to  04/03/2022, earlier orders to continue.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: Ms. Nishka Shetty, advocate for plaintiff present.
    On request of Ms. Shetty matter adjourned to 29/04/2022, for completing service, by way of last chance, making it clear that on failure to submit service report on next date, matter will be dismissed.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: Shri Hrishikesh Guhagarkar, advocate for  plaintiff present.
    None for defendant.
    Though the matter is kept for dismissal today, on earnest request of Shri Guhagarkar, matter adjourned to 15/07/2022, however, under the caption dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: As court is on leave, board discharged and adjourned to 19/09/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: As Court is on leave, board discharged and matter adjourned to 07/10/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: Shri Hrishikesh Guhagarkar, advocate for plaintiff present.
    Shri Guhagarkar, seeks adjournment for completing service of Notice U/o.XXI, Rule 22 of CPC.
    However, matter being old and service of notice is not yet completed and further that the matter is already appearing on board under caption dismissal, on earnest request of Shri Guhagarkar, matter adjourned to 29/11/2022, under caption dismissal, clarifying that Service of Notice be completed before next date, by making it further clear that on failure to file service report on next date, no adjournment will be granted.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: Shri Hrishikesh Guhagarkar, advocate for plaintiff present.
    Shri Guhagarkar, stats that Notice U/o.XXI, Rule 22 of CPC has been issued awaiting report of the same, seeks adjournment.
    Adjournment granted without change of caption to 18/01/2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: Ms. Siddhi More, advocate for for plaintiff present. Shri R.K. Chandiramani, Senior Assistant Traffic Manager at BPT Present.
    Ms. More has tendered amendment application t.o.r and marked as Exh.E.
    Upon hearing Ms. More amendment application is allowed, amendment be carried out within 14 days from today.
    Ms. more prays that in view on amendment fresh notice U/o.XXI, Rule 22 of CPC may be issued.
    Hence, issue fresh notice U/o.XXI, Rule 22 of CPC after amendment, made returnable on 18/03/2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: Ms. Siddhi More, advocate for plaintiff present.
    Shri Lobhas Chachad, Assistant Traffic Manager, employee of plaintiff present.
    Original notice dated 24/02/2023 returned unserved, with bailiff report pasted thereon, received from the office of Dy.Sheriff of Mumbai, t.o.r. marked as Exh-F.
    Considering the said fact, though no effective steps could be taken for execution of decree, Ms. More seeks adjournment stating that the subject matter is under consideration with the concerned higher officials of the plaintiff.
    Hence, on request of Ms. More matter adjourned to 24/04/2023, without change of caption.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: Ms. Siddhi More, Advocate for Plaintiff present.
    Ms. More seeks adjournment stating that the matter is still under consideration with the concern higher officials of the plaintiff.
    Hence, on request of Ms. More matter adjourned by way of last chance to 17/06/2023 with direction that the concern Official of the plaintiff to remain present before this court on next date.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: As Court is on leave, board discharged and matter adjourned to 25/07/2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: Ms. Siddhi More, advocate for plaintiff present.
    Shri Lobhas Chachad, Assistant Traffic Manager, of plaintiff present.
    On request of Ms. More awaiting instruction from the higher Authority of the plaintiff in respect of withdrawal, matter adjourned to 29/08/2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: Ms. Kajal Gupta, advocate for plaintiff present.
    Ms. Gupta has tendered withdrawal application t.o.r and marked as Exh.16.
    Upon perusing withdrawal application and upon hearing Ms. Gupta, execution application is allowed to be withdrawn and stands disposed of.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 29-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104273/2018
    Filing Date: 25-04-2018
    First Hearing Date: 29th June 2018
    Decision Date: 29th August 2023
    Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    2
    Final Order 1
    29 Aug 2023
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :IC REGISTRAR CITY CIVIL COURT MUMBAI
    Case No. :EXECUTION APPLN/0100118/2018
    Chairman Mumbai Port Trust. and anr. Vs H.K. Joshi and. Co.Pvt. Ltd.
    Date : 29-08-2023
    Presence : M/s. M.V. kini and Co.,
    Business : Ms. Kajal Gupta, advocate for plaintiff present. Ms. Gupta
    has tendered withdrawal application t.o.r and marked as
    Exh.16. Upon perusing withdrawal application and upon
    hearing Ms. Gupta, execution application is allowed to be
    withdrawn and stands disposed of.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 29-08-2023
    IC REGISTRAR CITY CIVIL COURT MUMBAI
    -- 1 of 1 --
    Order 1
    29 Aug 2023
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :IC REGISTRAR CITY CIVIL COURT MUMBAI
    Case No. :EXECUTION APPLN/0100118/2018
    Chairman Mumbai Port Trust. and anr. Vs H.K. Joshi and. Co.Pvt. Ltd.
    Date : 29-08-2023
    Presence : M/s. M.V. kini and Co.,
    Business : Ms. Kajal Gupta, advocate for plaintiff present. Ms. Gupta
    has tendered withdrawal application t.o.r and marked as
    Exh.16. Upon perusing withdrawal application and upon
    hearing Ms. Gupta, execution application is allowed to be
    withdrawn and stands disposed of.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 29-08-2023
    IC REGISTRAR CITY CIVIL COURT MUMBAI
    -- 1 of 1 --

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