EXECUTION APPLN
Anshul Impex Pvt. Ltd. Spl.C.S.No. 633 of 2014VsM/s. Ruchi Soya Industries Ltd.
CNR MHCC01013692201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 16th July 2024
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100073/2020
- Registration Date
- 21 Jan 2020
Advocates
2For Petitioner
For Respondent
Parties
2Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec NOTICE
Case History / Proceedings
Case History
Date: 06-02-2020 Business: Parties and Advocate absent, adjd to 12/02/2020. Next Purpose: FOR___________________ Next Hearing Date: 12-02-2020 Date: 12-02-2020 Business: Parties and Advocate absent, adjd to 24/02/2020. Next Purpose: FOR___________________ Next Hearing Date: 24-02-2020 Date: 24-02-2020 Business: Parties and Advocates absent. As Court is on leave, board discharged and adjourned to 04/03/2020. Next Purpose: FOR___________________ Next Hearing Date: 04-03-2020 Date: 04-03-2020 Business: parties and advocate are absent. Adjd 14/03/2020. Next Purpose: FOR___________________ Next Hearing Date: 14-03-2020 Date: 14-03-2020 Business: Parties and Advocate absent, adjd 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: 14-07-2020 Date: 14-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: FOR___________________ Next Hearing Date: 29-08-2020 Date: 29-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: FOR___________________ Next Hearing Date: 03-10-2020 Date: 03-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: FOR___________________ Next Hearing Date: 09-11-2020 Date: 09-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: FOR___________________ Next Hearing Date: 06-01-2021 Date: 06-01-2021 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: Parties and advocate are absent adjourned to 26/03/2021, by way of last chance. Next Purpose: FOR___________________ Next Hearing Date: 26-03-2021 Date: 26-03-2021 Business: Parties and advocate are absent adjourned to 26/04/2021, by way of last chance. Next Purpose: FOR___________________ Next Hearing Date: 26-04-2021 Date: 26-04-2021 Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 20/07/2021. Next Purpose: FOR___________________ Next Hearing Date: 20-07-2021 Date: 20-07-2021 Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 20/09/2021. Next Purpose: FOR___________________ Next Hearing Date: 20-09-2021 Date: 20-09-2021 Business: Parties and Advocate absent matter adjourned to 28/10/2021, for disposal. Next Purpose: FOR___________________ Next Hearing Date: 28-10-2021 Date: 28-10-2021 Date: 27-04-2022 Business: Shri Raviraj, Gamare Advocate for Plaintiff present. None for defendant. Shri Gamare prays for restoration of disposed of Exe.Application No.73 of 2020, for the reasons mentioned in the Misc.Application. Upon hearing Shri Gamare and upon perusing the Misc.Application, Exe.Application No.73 of 2020 is allowed to restore to file. Misc.Application stands disposed of. Upon hearing Shri Gamare, issue notice before execution in Exe.Application No.73 of 2020, returnable on 06/07/2022. Next Purpose: NOTICE Next Hearing Date: 06-07-2022 Date: 06-07-2022 Business: Ms. Aarti Suwarna advocate for defendant present. None for plaintiff. Exe.application marked as Exh.A(Colly.). Ms. Suwarna has tendered vakalatnama for defendant t.o.r and marked as Exh.B. Ms. Suwarna states that defendant has already filed Appeal in the Honourable High Court and seeks two months time to file reply. Hence, on request of Ms. Suwarna for reply of defendant matter adjourned to 08/09/2022. Next Purpose: NOTICE Next Hearing Date: 08-09-2022 Date: 08-09-2022 Business: Ms. Aarti Suvarna, advocate for defendant present. None for plaintiff. Ms. Suvarna, seeks time to file reply, stating that she has got the papers from her client today only and considering the request, matter adjourned to 02/11/2022, for reply. Next Purpose: REPLY Next Hearing Date: 02-11-2022 Date: 02-11-2022 Business: As Court is on leave, board discharged and matter adjourned to 06/01/2023. Next Purpose: REPLY Next Hearing Date: 06-01-2023 Date: 06-01-2023 Business: Shri Raviraj Gamare advocate for plaintiff appeared. Ms. Aarti Suvarna, advocate for for defendant present. Original notice U/o.XXI, Rule 22 of CPC with bailiff report pasted thereon received from the office of Deputy Sheriff of Mumbai t.o.r and marked as Exh.C. Ms. Suvarna seeks time to file reply beyond 09/02/2023 stating that the Appeal No.54 of 2018, filed before District Magistrate, 14 Nagpur, is posted for final Judgment on 09/02/2023. Shri Gamre submits that since there is no stay matter may be proceeded. However, in the interest of Justice time granted by way of last chance for defendant to file reply, by adjourning the matter to 15/02/2023. Next Purpose: REPLY Next Hearing Date: 15-02-2023 Date: 15-02-2023 Business: As Court is on leave, board discharged and adjourned to 22/02/2023. Next Purpose: REPLY Next Hearing Date: 22-02-2023 Date: 22-02-2023 Business: Ms. Sheetal Londhe, advocate for plaintiff present. Ms. Aarti Suvarna, advocate for defendant present. Ms. Suvarna seeks time to file reply stating that Appeal is pending at Nagpur Court, further stating that the name of defendant company has been changed to Patanjali Foods Ltd. Ms. Londhe objects stating that since no stay has been granted it is proper that defendant should file reply in the matter. Since the name of defendant company has been changed Ms. Londhe seeks time to take proper instructions and steps. Ms. Suvarna undertakes to file on record the roznamas in respect of Appeal proceedings before this Court on next date. Hence, by consent, for reply of defendant matter adjourned to 03/04/2023. Next Purpose: REPLY Next Hearing Date: 03-04-2023 Date: 03-04-2023 Business: Ms.Shital Londhe, Advocate for Plaintiff present. Ms.Aarti Suvarna, Advocate for defendant present. Ms.Suvarna submits that she will tender reply of defendant, by 1.00 p.m. Ms.Suvarna is instructed to furnish the copy of reply to Advocate for plaintiff. As upon filing of reply matter will become contested, considering the provisions of section 8(2)(c) of the Bombay City Civil Court Act, 1948, both the advocate made aware that, the matter will be submitted to Honourable Court as per assignment on 24/04/2023. Parties and advocates to appear to before the Honourable Court, as may be assigned on 24/04/2023. Matter kept back awaiting reply. LO at 3.25 p.m. Ms.Suvarna tendered reply, t.o.r. marked as Exh-D. Office to take steps to assign the matter to Honorable Court. Next Purpose: DIRECTIONS Next Hearing Date: 24-04-2023 Date: 24-04-2023 Business: Adv. Shital Londhe I/b Gamate for DH present and submits that there is not stay to the execution proceedings . Adv. Bharati Suvara for JD present and tendered affidavit of service. TOR and marked as Exh. 2 Matter is adjd on 08-06-2023 for directions. Next Purpose: DIRECTIONS Next Hearing Date: 08-06-2023 Date: 08-06-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) Adv.Shital Londhe h/f Adv.Ravi Gamre for DH present. Adv.Aarti Suvarna for JD present. By consent, matter is adj to 22/06/2023 for hearing. Next Purpose: HEARING Next Hearing Date: 22-06-2023 Date: 22-06-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) Adv. For plaintiff present. Kept At 2.45 pm Advocate Shital Londhe h\\f. Ravi Gamre for DH present. Advocate Arati Suvarna for JD present. Heard both the sides. On request, of DH matter be kept back. KB til 5.00p.m. later on at about 5.20 p.m. Same appearance. ld. advocate for DH sought adjournment on request that her senior counsel is not available. O- Adjournment granted. Matter is adj to 28.6.2023 for reply/ order at 2.45 p.m. Next Purpose: ORDER Next Hearing Date: 28-06-2023 Date: 28-06-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None for DH. None for JD. Matter is adj to 18/07/2023 for order. Later on at 3.07pm Adv. Shital Londhe for DH present. She submits that last chance be granted to reply. Adv. Bharati Suvarna for JD present. By consent last chance is granted. Matter is adj to 18/07/2023 for reply/order. Next Purpose: ORDER Next Hearing Date: 18-07-2023 Date: 18-07-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None for DH. Adv.Aarti Suvarna for JD present. Kept back. Later on at 3.40pm None for DH. Adv.Aarti Suvarna for JD present. On last date DH holder has given last chance to argue. However, DH failed to argue the matter. Hence, matter is kept for order to be passed on next date. Matter is adj to 20/07/2023 for order Next Purpose: ORDER Next Hearing Date: 20-07-2023 Date: 20-07-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None for plaintiff/DH. Adv Bharati Suvarna for defendant /JD present. Kept back Later on 1.35 p.m. None for plaintiff/DH. Adv Bharati Suvarna for defendant /JD present. Application- Exh. 2 filed by advocate for defendant/JD for seeking time to submit citation on record. She also submit that if on next she fails to submit citation, the Court may pass order. Order : Other side absent, Time granted. Matter is adj to 25.07.2023 for citation/order. Next Purpose: CIATATION Next Hearing Date: 25-07-2023 Date: 25-07-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None for DH. Adv.Bharati Suvarna for defendant/JD present. She filed pursis (Exh-3) to correct the roznama dated 20/07/2023. On perusal of application Exh-2 it reveals that it was moved by DH/plaintiff hence there is substance in submission of Ld.Adv. for the JD/defendant. Accordingly, matter is kept for filing citation on behalf of the DH/plaintiff. Today none for DH/plaintiff. Hence, very last chance is granted to the DH/plaintiff for citation. Matter is adj to 10/08/2023 for citation. Next Purpose: CIATATION Next Hearing Date: 10-08-2023 Date: 10-08-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) As court is busy hearing of other matters, recording evidence in Civil Case and dictating orders hence, parties are directed to mark their appearance, file necessary application with Sheristedar. Hence, no effective hearing is taken place. Accordingly matter adjourned. Adv.Aarti Suvarna for defendant/JD present. Matter is adj to 21/08/2023 for ciatation/order. Next Purpose: CIATATION Next Hearing Date: 21-08-2023 Date: 21-08-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) Adv.Shital Londhe i/b Adv.Raviraj Gamare for DH/plaintiff present. None for JD/defendant. Kept back. Later on at 4.37pm Adv.Shital Londhe i/b Adv.Raviraj Gamare for DH/plaintiff present. She filed pursis T.O.R marked as Exh-4. Matter is adj to 30/09/2023 for ciatation. Next Purpose: CIATATION Next Hearing Date: 30-09-2023 Date: 30-09-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None present. In view of the pursis Exh-4 the Decree Holder is granted last chance to proceed with the matter failure of which necessary order will be passed. Matter is adj to 20/01/2024 for necessary order. Later on at 2.51pm Adv.Shital Londhe h/f Adv.Raviraj Gamare for DH/plaintiff present. Next Purpose: ORDER Next Hearing Date: 20-01-2024 Date: 20-01-2024 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None for DH/plaintiff. Adv.Aarti Suvarna for JD/defendant present. Vide Exhibit-4 the Decree Holder sought longer date. Thereafter DH failed to inform the court as to settlement of the matter. It means DH has not interested to proceed with the EA hence EA kept for dismissal order. Matter is adj to 20/04/2024 for dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 20-04-2024 Date: 20-04-2024 Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59) None for DH/plaintiff. Adv.Bharati Suvarana for JD/defendant present. Matter is adj to 15/06/2024 for dismissal. Next Purpose: DISMISSAL Next Hearing Date: 15-06-2024 Date: 15-06-2024 Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59) Matter called out at 12.15pm R and P not traceable. None for DH/plaintiff. Adv.Aarti Suvarna for JD/defendant present. Matter is adj to 16/07/2024 for dismissal. Next Purpose: DISMISSAL Next Hearing Date: 16-07-2024 Date: 16-07-2024 Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59) None for DH/plaintiff. Adv.Aarti Suvarna for JD/defendant present. Kept back. Matter called out at 2.58pm None for DH/plaintiff. Adv.Aarti Suvarna for JD/defendant present. Record shows that on 25/07/2023 Decree Holder/plaintiff sough time for filing citation however till today DH has not filed citation. On 21/08/2023 advocate for DH/plaintiff stating that there are chances of settlement and sought time for the settlement. Thereafter matter was kept on 30/09/2023 on that day DH/plaintiff and his advocate were absent hence matter was kept for necessary order. On next dates i.e. 20/01/2024, 20/04/2024 DH/plaintiff and his advocate were absent. Therefore matter was kept for dismissal order. Today also DH/plaintiff and his advocate are absent. This shows that DH is not interested to proceed with the matter hence EA No.73/2020 is dismissed for want of prosecution. Nature Of Disposal: DISMISSED Disposal Date: 16-07-2024
Additional Case Details
Additional Case Details
Filing Number: 112968/2019 Filing Date: 21-01-2020 First Hearing Date: 06th February 2020 Decision Date: 16th July 2024 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
1Final Order 116 Jul 2024
16 Jul 2024
Order Details: Other Pdf Text: 12 16/07/2024 EA 73/20 CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59) None for DH/plaintiff. Adv.Aarti Suvarna for JD/defendant present. Kept back. Matter called out at 2.58pm None for DH/plaintiff. Adv.Aarti Suvarna for JD/defendant present. Record shows that on 25/07/2023 Decree Holder/plaintiff sough time for filing citation however till today DH has not filed citation. On 21/08/2023 advocate for DH/plaintiff stating that there are chances of settlement and sought time for the settlement. Thereafter matter was kept on 30/09/2023 on that day DH/plaintiff and his advocate were absent hence matter was kept for necessary order. On next dates i.e. 20/01/2024, 20/04/2024 DH/plaintiff and his advocate were absent. Therefore matter was kept for dismissal order. Today also DH/plaintiff and his advocate are absent. This shows that DH is not interested to proceed with the matter hence EA No.73/2020 is dismissed for want of prosecution. Judge -- 1 of 1 --
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