The West of England Ship Owners Mutuai, Insurance Association (Luxembourg)VsUrmila and Company Pvt. Ltd.

Date: 30-11-2019
Business: Shri. Suraj Almeida, advocate for the plaintiff present.
On request of Shri. Almeida, for taking steps, adjd to 02/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Ms. Ruksar Ansari, Advocate for plaintiff present. Ms. Ansari, 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. Ms. Ansari 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 26/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Shri.Tarun Rebello Advocate for Plaintiff present.
As Court is on leave, board discharged and adjourned to 09/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Parties and Advocates absent.
As Court is on leave, board discharged and adjourned to 28/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 28-03-2020

Date: 28-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 31-07-2020

Date: 31-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: Parties and advocate are absent adjourned to 24/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Ms. Rukhsar Ansari advocate for plaintiff present.
Exe.application t.o.r. and marked as Exh.A(Colly.).
Ms. Ansari has tendered original warrant u/o. XXI, Rule 54 of CPC alongwith bailiff report endorsed thereon t.o.r. and marked as Exh.B.
Awaiting sheriff report in respect of execution of warrant, on request of Ms. Ansari matter adjourned to 12/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Shri Suraj Almeida advocate for plaintiff present.
On request of Shri Almeida matter adjourned to 30/03/2021, for awaiting inventory.
Next Purpose: FOR___________________
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Ms.Rukhsar Ansari advocate for plaintiff present.
On request of Ms. Ansari matter adjourned to 23/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: In view of directions vide Office Order No.106 of 2021, matter adjourned to 26/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: Parties and advocate are absent adjourned to  07/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Shri Tarun Rebello advocate for plaintiff present.
Sheriff report in respect of warrant of attachment u/o.XXI, Rule 54 of CPC, bearing No.SJD/315/2020, date 16/03/2021 under this office Inward No.3896, dated 30/03/2021, t.o.r and marked as Exh.C.
Shri Rebello seeks time to take further steps for issue of warrant of sale and on his request matter adjourned to 12/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Parties and advocate absent adjourned to 08/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Ms. Ruksar Ansari, advocate for plaintiff present.
Ms. Ansari has tender application for issue of warrant of sale and affidavit of plaintiff in support of the said application, t.o.r and marked as Exh.D and E respectively.
Upon perusing application, affidavit and upon hearing Ms. Ansari issue warrant of sale as prayed for which shall remain alive till completion of sale proceedings and matter stands disposed of accordingly.
Disposal Date: 08-12-2021

Date: 15-03-2024
Business: Parties and Advocates are absent. Matter is taken on board in view of receipt of letter No.332/2024 dated 12/03/2024, enclosing therewith Sheriff Report No.17 of 2024 dated 12.03.2024, received in this office vide Inward No.4654 dated 13/03/2024, from the office of Dy.Sheriff of Mumbai. Upon going through the prayers in the Sheriff Report No.17 of 2024, Execution application No.466 of 2019 is restored to file and submitted to Honourable Court as per assignment, on 05/04/2024 for passing appropriate orders in view of Sheriff Report No.17 of 2024. Aforesaid letter No.332/2024 alongwith its annexures t.o.r. marked as Exh-F(Colly). Office to take necessary steps to assign the matter to Honourable Court. Parties and Advocates to appear before the Honourable Court, as may be assigned, on 05/04/2024.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: Parties and Advocates are absent. Matter is taken on board in view of receipt of letter No.332/2024 dated 12/03/2024, enclosing therewith Sheriff Report No.17 of 2024 dated 12.03.2024, received in this office vide Inward No.4654 dated 13/03/2024, from the office of Dy.Sheriff of Mumbai. Upon going through the prayers in the Sheriff Report No.17 of 2024, Execution application No.466 of 2019 is restored to file and submitted to Honourable Court as per assignment, on 05/04/2024 for passing appropriate orders in view of Sheriff Report No.17 of 2024. Aforesaid letter No.332/2024 alongwith its annexures t.o.r. marked as Exh-F(Colly). Office to take necessary steps to assign the matter to Honourable Court. Parties and Advocates to appear before the Honourable Court, as may be assigned, on 05/04/2024.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Suraj Almeida for D/H present.
None for defendant present.
Matter stands adjourned on 04-05-2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: Adv. Suresh Almeida for D/H present.
None for defendant present.
Matter stands adjourned on 11-07-2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: Advocate Suraj Almeida for D/H present.
None for JD present.
Matter stands adjourned on 12.08.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 12-08-2024

Date: 12-08-2024
Business: Adv. Suraj Desai h/f Adv. Suraj Almedia for D/H present.
None for defendant present.
Due to paucity of time, matter stands adjourned.
Matter stands adjourned on  09-09-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: P.O. is on Leave.
Next Purpose: ORDER
Next Hearing Date: 27-09-2024

Date: 27-09-2024
Business: None for Plaintiff present.
None for defendant present.
Due to paucity of time, matter stands adjourned.
Matter stands adjourned on 11-10-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 11-10-2024

Date: 11-10-2024
Business: None present for JD.
None present for DH.
KB Later on 11.50a.m.
Adv. Ms. Rukhsar Ansari i/b Suraj Almeda for DH present.
As Court is busy in hearing argument in SU No.5471/22. Hence, matter adjourned.
Matter stands adjourned on 05.11.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: None present for DH.
None present for JD.
KB  Later on at- 4.30p.m.
None present.
Due to paucity of time, matter is adjourned.
Matter stands adjourned on 26.11.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 26-11-2024

Date: 26-11-2024
Business: Adv. Saurabh Kudekar for D/H present.
None for defendant present.
Due to paucity of time, matter stands adjourned.
Matter stands adjourned on 03.01.2025 for order.
Next Purpose: ORDER
Next Hearing Date: 03-01-2025

Date: 03-01-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
None for defendant present.
Due to paucity of time, matter stands adjourned.
Matter stands adjourned on 11-02-2025 for order.
Next Purpose: ORDER
Next Hearing Date: 11-02-2025

Date: 11-02-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for D/H present.
None for J/D present.
Matter stands adjourned on 22-04-2025 for order.
Next Purpose: ORDER
Next Hearing Date: 22-04-2025

Date: 22-04-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for D/H present.
None for J/D present.
Matter stands adjourned on 02-08-2025 for Order.
Next Purpose: ORDER
Next Hearing Date: 02-08-2025

Date: 02-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Inspite of report Exh.5 which shows that the property sought to be attached belongs to third person. Decree holder failed to take the steps hence, Execution Application is kept for necessary order to be passed on next date.
Matter stands adjourned to 22-08-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Ninad Bhabal h/f Advocate Suraj Almeida for D/h present.
None for defendant present.
Decree holder failed to take steps.
Kept back. Later on. Learned Advocate for D/h filed application at Exh.2 seeking time to argue. The matter is kept for steps and not for the argument hence application stands rejected. Considering record of the proceeding it is seen that the D/h is not interested to get decree executed hence, Execution application is kept for dismissal order to be passed on next date.
Next date is fixed on request of Learned Advocate for the D/h.
Matter stands adjourned to 04-09-2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 04-09-2025

Date: 22-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Ninad Bhabal h/f Advocate Suraj Almeida for D/h present.
None for defendant present.
Decree holder failed to take steps.
Kept back. Later on. Learned Advocate for D/h filed application at Exh.2 seeking time to argue. The matter is kept for steps and not for the argument hence application stands rejected. Considering record of the proceeding it is seen that the D/h is not interested to get decree executed hence, Execution application is kept for dismissal order to be passed on next date.
Next date is fixed on request of Learned Advocate for the D/h.
Matter stands adjourned to 04-09-2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 04-09-2025

Date: 04-09-2025
Business: Court is on leave
Next Purpose: DISMISSAL
Next Hearing Date: 20-09-2025

Date: 20-09-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Suraj Almeida for D/H present. He moved an application at Exh. 3 to remove the caption of dismissal. He also submits that warrant of sale be executed against the property of J/D. D/H to produce documents to show that J/D has interest over such property. D/H seeks time. Time is granted till next date.
None for J/D present.
R and P be called.
Next date is fixed on request of Learned Advocate for the D/H.
Matter stands adjourned to 07-10-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2025

Date: 07-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Aniket Singh for Decree Holder present and filed documents alongwith list Exh.4 and submits that she has filed copy of leave and license agreement which shows that the judgment debtor is licenser. He further submits he is not aware what property judgment debtor posses. He also submits that by filing documents alongwith Exh.4 the decree holder has complied order dated 20/09/2025. A copy of leave and license agreement dated 28/07/2022 shows that the judgment debtor is licensee. It means Ld. Advocate for the decree holder has made incorrect statement. It further shows that the decree holder has not complied order dated 20/09/2025. Hence kept for necessary order passed on next date.
None for defendant present.
Matter stands adjourned for Order to 01/11/2025.
Next Purpose: ORDER
Next Hearing Date: 01-11-2025

Date: 01-11-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Kept back. Later on. Advocate Aniket Singh h/f Advocate Suraj Almeida for plaintiff present and filed adjournment application at Exh.5. Time is granted till next date.
Matter stands adjourned for necessary order to 04-12-2025.
Next Purpose: ORDER
Next Hearing Date: 04-12-2025

Date: 04-12-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Kalav Wagh h/f Advocate Suraj Almeida for D/H present and filed application at Exh.6 for adjournment. Time is granted till next date. Next date is fixed on request of Learned Advocate for the D/H.
None for defendant present.
Matter stands adjourned for order to 08-12-2025.
Next Purpose: ORDER
Next Hearing Date: 08-12-2025

Date: 08-12-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Kept back. Later on.
Inspite of sufficient opportunity is given the D/H failed to take proper steps to get the decree executed hence, kept for dismissal order to be passed on next date.
Matter stands adjourned for order to 17-12-2025.
Next Purpose: ORDER
Next Hearing Date: 17-12-2025

Date: 17-12-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Suraj Almeida for Plaintiff present and filed written submission at Exh.7.  The D/H itself says that leave and licenses agreement in favour of J/D has been expired in 1996. Therefore to explain whether rights and interest under such agreement are subject of sale.
None for J/D present.
Matter stands adjourned for compliance/order to 19-12-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-12-2025

Date: 19-12-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
The report of the sheriff dtd. 12.03.2024 filed alongwith letter Exh.F is marked with Exh.8 and copy of agreement of leave and licence   filed with Exh.4 is now marked with Exh.9. In view of report Exh.8 and observation of Hon'ble High Court in Tangerine Electronics Systems Pvt. Ltd., Mumbai V/s. Indian Chemicals Mumbai and other 2004 (2) CTC 654 the warrant of sale be executed by conducting auction of sale to sale rights and interest of the Judgment Debtor that he accrues vide agreement of leave and licenses (Exh.9) subject to right and interest of the licensor vide such agreement of leave and licence (Exh.9) and law applicable thereto. Accordingly issue warrant of sale.
Matter stands adjourned for report to 16-02-2026.
Next Purpose: REPORT
Next Hearing Date: 16-02-2026

Date: 16-02-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None present.
Matter stands adjourned for report to 06-04-2026.
Next Purpose: REPORT
Next Hearing Date: 06-04-2026

Date: 06-04-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None present.
Matter stands adjourned for compliance to 24-06-2026.
Later on at 12.20 pm. Advocate Samdani for plaintiff present.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate  for DH/Plaintiff present and seeking time.
None for JD/defendant present.
Matter stands adjourned for compliance to 12-08-2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-08-2026

Date: 12-08-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for DH/Plaintiff present.
None for JD/defendant present.
Matter stands adjourned for compliance to 12-10-2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-10-2026

Main Case No: SUIT/0108373/1995
Main Cnr: MHCC010125242012
Main Filing No: 111447

Registration Number: 100466/2019
Transfer Date: 22-03-2024
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 112335/2019
Filing Date: 20-11-2019
First Hearing Date: 30th November 2019
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE