Food Corporation Of IndiaVsMantralaya Central Consumers Co-OP Wholsale and Retail Stores Ltd. and Anr.

Date: 26-07-2019
Business: Ms. Rupali Khale, advocate for the Plaintiff present. On request of Ms. Khale, for taking further steps, adjd to 01/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Ms. Rupali Khale, Advocate for plaintiff present. Ms. Khale prays for issue of warrant u/o XXI Rule 43 of CPC, without issue of notice stating that the Exe. Application is filed within two years of passing Decree. Ms. Khale states that the property sought to be attached is free from all the encumbrances and belongs to defendant. In view of this issue warrant as prayed for, returnable on 20/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: Ms. Vidya Vishwarkarma, advocate for the Plaintiff present. As Court is on leave, board discharged and adjd to 08/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Shri. Pravin Sawant, advocate for the defendant present.
None for the plaintiff.
Exe.application marked as Exh-A(Colly).
Shri. Sawant has tendered the Vakalatnama for the defendant, taken on record and marked as Exh-B.
Shri. Sawant seeks time to file reply and states that First Appeal (ST) no.19844/2019, has been preferred in the Honourable High Court and on his request, adjd to 25/02/2020.
Later on Ms. Gunjan Chaubey, advocate for the plaintiff appeared and she has been informed about todays roznama.
Next Purpose: FOR___________________
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Ms. Rupali Khale, advocate for the plaintiff present.
None for the defendant.
Matter is taken on board by way of praceipe, marked as Exh-C.
Ms. Khale has tendered original unexecuted warrant u/o.XXI Rule 43 of CPC, alongwith the Sheriff Report attached thereto, t.o.r. and marked as Exh-D.
Ms. Khale has also tendered the affidavit of service, in respect of service of preponement application, t.o.r. and marked as Exh-E.
Ms. Khale has also tendered application for Police Assistance, for the reasons mentioned in the application, t.o.r. and marked as Exh-F.
Ms. Khale submits that the matter be referred to the Honourable Court in view of application for Police Assistance filed today.
Hence, on request of Ms. Khale the matter is submitted to the Honourable Court on 25/11/2019. Office to take steps to assign the matter to the Honourable Court. Parties and Advocates to appear before the Honourable Court on 25/11/2019, as may be assigned.
Next Purpose: FOR___________________
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Adv. Rupali Khale for DH.
None for JD.
Notice of the application-Ex.2 for police assistance was already given to the JD. However JD failed to file reply.
Hence the application to proceed without reply of the JD.
Posted for hearing of Application to 09.01.2020.
Next Purpose: HEARING
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Rupali Khale for DH.
Adv. Sawant for JD.
The DH undertook to serve copy of Execution Application to the JD.
Ex.3-  Application under order 21 rule 41 of CPC filed by DH. The DH undertook to serve the copy of Ex.3 to the JD.
Adjd for reply to Ex.3 and Hearing on Ex.2 to 15.02.2020.
Next Purpose: REPLY
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Adv. Chaubey for DH.
Adv. P.G.Sawant for JD.
Adv for JD filed
Exh.4 - Reply to Exh.3
Adjd for Hearing of Exh.2 and Exh.3 to 16-04-2020
Next Purpose: HEARING
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None present
Adjd to 26-02-2021
Next Purpose: HEARING
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Adv. Rupali khale for decree holder.
Adv. for J. D. Absent.
Matter  adjd to 20/04/2021 for hearing.
LO at 12.30p.m. Mr. Dilip Jadhav Manager Mantralya Consumer stores present.
Already adjd.20/04/2021.
Next Purpose: HEARING
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Adjd as per officer order
Next Purpose: HEARING
Next Hearing Date: 28-09-2021

Date: 28-09-2021

Date: 28-10-2021
Business: Adv Vinoy Kote present for the DH.
Adv Bhagyashree Shelke present for the JD.
KB
LO
Adv P.G.Sawant present for the JD.
Ld advocate for JD submits that he has lost the papers/ his brief during the lock down period and it is not traceable. Considering the difficulty and submissions, matter is lastly adjourned to 27.11.2021 for arguments on Exh.2. If JD fails to argue on 27.11.2021, the application at Exh.2 shall be decided after hearing arguments of the Ld advocate for DH on merits.
Matter is adjd to 27.11.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Adv. Mr. Vinay Kate for DH present.
Adv. Ms. Bhagyashree Shete for JD present.
KB
L.O. at 01.30 p.m.
Adv. Mr. Vinay Kate for DH present.
Adv.  Sawant for JD present.
Heard arguments of both sides on Exh.2.
Matter is adjd. to 03/12/2021 for order on Exh.2.
Next Purpose: ORDER
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: P. O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv. Rupali Khare for the DH is present.
Adv. B. P. Shelke h/f Adv. P. G. Sawant for JD is present.
Order Below Exh.2.
Perused the application and reply. From reply it appears that defendant (JD) has no objection about issuance of warrant for inventory JD denied the obstruction for preparing inventory. In such circumstances there is no harm if police protection is granted for inventory. The DH to deposit necessary charges. Accordingly, prayer of police protection is granted.
Matter is adjd. to 04/02/2022 for argument on Exh.3.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is Adjd. to 02-03-2022 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Adv. Deepali for DH present
None for JD.
Matter is adjd. for argument to 01-04-2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Advocate Ms. Rupali Khale for DH present.
None for JD.
Matter is adjd. for argument to 27-06-2022
Next Purpose: ARGUMENTS
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: None present for D.H.
J.D. Present and his adv. absent.
Adjd to 08/09/2022 for arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: As court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: Matter pertains to C.R.No.15
Adv. Vinayak for plaintiff/DH present.
None present for defendant/JD.
Exh.06 - Application for extension of time to pay police protection charges as per order dt.16.12.2021. O-Time extended till next date.
Matter Adjd for steps on 13/02/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Matter pertains to C.R.No.15
Adv. Vinayak Kate for plaintiff/DH present.
None present for defendant/JD.
Exh.07 - Application for extension of time to pay police protection charges as per order dt.04.02.2022. O-Time extended till next date.
Matter Adjd for steps on 25/04/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: None present.
Matter stands adjourned Ex-parte evidence on 08-11-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: None present.
KB.
L.O.
DH along with Adv. Rupali Khale present.
None present for JD.
Matter stands adjourned for Ex-parte evidence on 28-02-2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Adv.Rupali Khale present for Decree Holder, Seeking extension of time for compliance of order in roznama dated 16-12-2021. Time is granted.
None present for Judgment Debtor.
Matter stands adjourned for compliance on 24-04-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: Representative of Decree Holder present in person, tendered application extension of time. Time is granted till next date to comply the order passed in Roznama dated 16-12-2021 TOR marked as Exh.8.
None present for defendant.
Matter stands adjourned for compliance on 08-08-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: Adv. Rupali Khale present for Decree Holder. Seeking extension of time. Time is granted.
Adv. Manish Borade present for Judgment Debtor.
Matter stands adjourned for compliance on 07-11-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: None present  for Decree Holder.
Adv. Manish Borade present for Judgment Debtor.
Matter stands adjourned for compliance on 03-01-2025.
Later on at 12.20 pm.
Adv. Rupali Khale present for Decree Holder. Seeking extension of
time. Time is granted.
Adv. Manish Borade present for Judgment Debtor.
Put up for hearing on application filed by Decree Holder under order
21 Rule 41 of CPC.
Matter is already adjourned for compliance on 03-01-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-01-2025

Date: 03-01-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Matter pertains to Cr. No.84
Adv. Rupali Khale for decree holder is present and filed application for extension time to comply order dated 16.12.2021. Taken on record. It is marked as Exh-10. O-Time is extended.
Matter is adj to 10.03.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-03-2025

Date: 10-03-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-04-2025

Date: 24-04-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2025

Date: 18-06-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: CORAM - H.H.J. SHRI SACHIN S. PATIL(CR. 84)
Adv.Manish Borade h/f Adv P G Sawant for JD.
Adv. Vinay Kate a/w Adv Shubham Waphare present for DH.
Adv for JD seeking time as AOR is not present. Request rejected.
  This is execution application of execution of money decree. The DH is praying for attachment of movable property vide order 21 rule 43 of CPC. The list of inventory produced on record. There, is no stay to the execution of decree.
O-Issue attachment of warrant vide order 21 rule 43 of CPC.
Matter stands adjourned to 26-09-2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-09-2025

Date: 26-09-2025
Business: Adv. Vinay Kate present for Decree Holder.
Adv. P.G. Sawant  present for Judgment Debtor.
Parties are submitted that there are possibility of settlement. Hence, matter is referred to mediation.
Matter stands adjourned to 30-10-2025 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-10-2025

Date: 30-10-2025
Business: P. O. is on Leave. Hence, matter is adjd to.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-12-2025

Date: 17-12-2025
Business: As P. O. is on Leave.Hence, matter is adjd to.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: None present.
Matter stands adjourned to 10-02-2026 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-02-2026

Date: 10-02-2026
Business: P. O. is on leave. Hence, matter is adjd to.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 07-03-2026

Date: 07-03-2026
Business: None present.
E.A. is pending since last 7 yrs under the caption of mediation report.
   Food Corporation of India is the Decree Holder and Mantralaya Central consumers Coop wholesale and retail and anr is the Judgment Debtor.
   The mediation report is received long back vide Exh.11 dated 23-12-2025 as failed.
Hence, E.A. application removed from the caption of mediation and kept for steps.
  Perused E.A. the amount to be recovered is to be tune of Rs. 6,10,014/- with 20 perecent per annum.
   As per VP is marked at Exh.12 there are three advocates Gunjan Choubay, Vinay Kate and Rupali Khale. Thus, battery of lawyers represented by Food Corporation of India if they failed to take positive, vigilant steps in accordance with the law on or before next date E.A. deemed to be dismissed in default in that event proceeding would be closed and petition would be disposed off for want of prosecution and would be sent to the record room.
   Decree Holder and ld. Advocate shall act upon accordingly.
Matter stands adjourned to 30-03-2026 for steps/dismissal.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2026

Date: 07-03-2026
Business: None present.
E.A. is pending since last 7 yrs under the caption of mediation report.
   Food Corporation of India is the Decree Holder and Mantralaya Central consumers Coop wholesale and retail and anr is the Judgment Debtor.
   The mediation report is received long back vide Exh.11 dated 23-12-2025 as failed.
Hence, E.A. application removed from the caption of mediation and kept for steps.
  Perused E.A. the amount to be recovered is to be tune of Rs. 6,10,014/- with 20 perecent per annum.
   As per VP is marked at Exh.12 there are three advocates Gunjan Choubay, Vinay Kate and Rupali Khale. Thus, battery of lawyers represented by Food Corporation of India if they failed to take positive, vigilant steps in accordance with the law on or before next date E.A. deemed to be dismissed in default in that event proceeding would be closed and petition would be disposed off for want of prosecution and would be sent to the record room.
   Decree Holder and ld. Advocate shall act upon accordingly.
Matter stands adjourned to 30-03-2026 for steps/dismissal.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2026

Date: 30-03-2026
Business: Decree Holder and Judgment Debtor are present.
Adv. Abdul Millwala Decree Holder, tendered VP TOR marked as Exh.10.
None present  for defendant.
If the Decree Holder and Judgment Debtor are not taken positive steps deemed to be dismissed as pending since long the fresh VP is filed E.A. is kept for dismissal.
Matter stands adjourned to 04-04-2026  for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 04-04-2026

Date: 04-04-2026
Business: Manager of FCI Meghali Pawar is present on behalf of Decree Holder.
Subhash Kadam director of the Judgment Debtor is present.
Adv. Haffezur Rahman present for Decree Holder apprised that he is going to tender Chamber Summons under order 21 Rule 41 of CPC hence, matter is adjourned for reply of Judgment Debtor.
Adv. Manish Borade h/f P.G. Sawant  for Judgment Debtor.
Matter stands adjourned to 06-04-2026  for Chamber Summons
 reply.
Later on at 2.10 PM.
Adv. Haffezur Rahman present for Decree Holder, tendered Draft
Chamber Summons along with affidavit TOR.
O- Leave granted to register.
Next Purpose: C/S REPLY
Next Hearing Date: 06-04-2026

Date: 06-04-2026
Business: Representative of Decree Holder is present.
Representative of Judgment Debtor is present.
Adv. Hafeezur Rahman  for Decree Holder, tendered original register Chamber Summons TOR.
Adv. Manish Borade h/f P.G. Sawant for Judgment Debtor, tendered adjournment application TOR marked as Exh.12  O- Last chance is granted.
Matter stands adjourned to 10-04-2026 for Chamber Summons
reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-04-2026

Date: 10-04-2026
Business: Adv. Hafee Rahman for applicant.
Adv. Manish  Borade for JD and filed reply to Ch/s No. 831/2026. TOR
Matter stands adjourned to 28.04.2026 for Ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: As Court is busy in hearing final arguments in Suit No.9678/1990 along with Counter Claim 13/2025 (which is more than 35 years old), the rest of the Civil Board stands discharged.
Matter stands adjourned to 15.06.2026 for Ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-06-2026

Date: 15-06-2026
Business: Court is vacant hence, adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-07-2026

Date: 03-07-2026
Business: Adv. H. Rehman present for Decree Holder.
Representative of Judgment Debtor is present.
Kept back.
Later on at 11.55 AM
Adv. H. Rehman present for Decree Holder.
Adv. P.G. Sawant present for Judgment Debtor.
Heard both sides on chamber summons.
Matter stands adjourned to 20-07-2026 for CS order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-07-2026

Date: 20-07-2026
Business: Adv.Hafeezur Rahman for plaintiff/D.H.
Adv.Manish Borade h/f P. G. Swant  for J.D./ Original defendant.
F.R.S.R. following order is passed
ORDER
1. 	Chamber summons No.831 of 2026 is allowed.
2.      Judgment Debtor is directed to file an affidavit stating
        the particulars of assets of Judgment Debtor as per Order 	21 Rule 41(2) of CPC.
3. Chamber summons No.831 of 2026 is disposed off
    accordingly.
Matter stands adjourned to 27.08.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-08-2026

Date: 27-08-2026
Business: None present for applicant.
Adv. Manish Borade h/f P.G. Sawant present Judgment Debtor.
Photocopy of Affidavit is filed regards to the compliance.
Matter stands adjourned to 21-09-2026 for hearing.
Later on at 1.10 PM
Adv. Hafeezur Rehman   present for applicant.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-09-2026

CHAMBER SUMMONS/100831/2026

Registration Number: 100251/2019
Transfer Date: 21-11-2019
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 28 - COURT 28 ADD SESSIONS JUDGE

Registration Number: 100251/2019
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 100251/2019
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Registration Number: 100251/2019
Transfer Date: 29-06-2026
From Court: 84 - COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
To Court: 85 - COURT NO 85 ADDL SESSIONS JUDGE

Filing Number: 106769/2019
Filing Date: 09-07-2019
First Hearing Date: 26th July 2019
Court Number And Judge: 85-COURT NO 85 ADDL SESSIONS JUDGE