Date: 17-01-2019
Business: Adv. Preeti Gadda for D.H. present.
None for J.D.
Advocate for plaintiff has filed registered N/M no.41/19 alongwith affidavit, TOR.
Matter is adjd. to 18/02/2019 for Reply of N/M.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-02-2019
Date: 18-02-2019
Business: Adv. Mukesh Pabari for D.H. present.
J.D. no.1 present.
He has filed application for adjournment.
Order Read the application. Considering the reason mentioned in the application. Case is adjourn today in the interest of justice.
Matter is adjd. to 18/03/2019 Reply.
Next Purpose: REPLY
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Adv.Riddhi for Plaintiff
Adv for deft Chandrakant present
Adv for deft requested for adjourment
O-Granted.
Matter is adjd. to 11/06/2019 for N/M Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2019
Date: 11-06-2019
Business: Adv for plaintiff Mr.Niraj present.
Matter is Adjd for Filling Affidavit of Service of N/M to 25/07/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2019
Date: 25-07-2019
Business: Adv. Pabri for D/H present. D/H present. Affidavit of service filed by advocate for D/H. Adj for order of without say on NM 17/09/2019
Next Purpose: ORDER
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: p.o. is on leave adjd to 18/10/2019
Next Purpose: ORDER
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: None present.
Court is busy in other work, adjd. to 10.12.2019 for order
Next Purpose: ORDER
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: already adj to 28/01/2020 with EA 310/16
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: DH present. Adv. Pabari for DH.
JD present. His adv absent.
In view of order below exh.7 time of warrant of attachment is extended.
Adjd for NM hearing to 06-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2020
Date: 06-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present.
Adjd to 12-04-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Adv Mr.Pabari present for the plaintiff.
None present for the defendant.
KB
LO
None present.
Matter is adjd to 22.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Priti Gadda for plaintiff present and tendered registered Ch/s No.1232/2021 alongwith affidavit in support. and also tendered affidavit of service.
None for defendant.
Matter is adjd. to 15/02/2022 for Ch/s reply and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv. Pabari for DH present.
none for other.
KB for Ch/S order.
Later on
Perused Ch/s. considering relief sought by DH.
Ch/S. 1232/2021 is Allowed in term of prayer A and B.
Before taking warrant of attachment plff. to served copy of change address to other side properly and then and then only the plff. is entitled for warrant of attachment on address sought in prayer A and B.
Accordingly Ch/S. 1232/2021 Stands Disposed off.
Matter is Adjd. Service of change address on other side to 13-04-2022.
Next Purpose: SERVICE
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Advocate Ms. Sawala for DH present.
None for JD.
Exh.8-She file service affidavit.TOR
Exh.9-She also filed application to issue warrant of attachment moveable and immovable property of the defendant. TOR
In the last roznama the plaintiff was directed to serve change address on other side. Accordingly, today plaintiff has filed service affidavit alongwith postal akcnowledgement with close envelope which is returned with endoresemt refuse. Accordingly, re-issue attachment as per roznama 18-10-2019, since long the NM 4265/2017 and 141/2019 are pending without progress. Therefore, both the NM is kept for dismissal order.
Matter is adjd. for NM dismissal to 06-07-2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. Mukesh Pabari For Plaintiff present and filed application for issue warrant and Sale of immovable property is t.o.r.
Kept for Order.
Adjd to 18/08/2022 for Order.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: As court is vacant
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: As court is vacant
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 26-11-2022
Date: 26-11-2022
Business: As per Office Order No.229 of 2022 dt.31.10.2022, matter is adjourned to 10-12-2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: As court is vacant
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: As court is vacant
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: As court is vacant.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: As court is vacant.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Adv.Ramesh for D.H. Seeking time to argue on Motion. Time is granted.
None for J.D.
Matter stands adjourned argument on 27-07-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: None present.
Matter stands adjourned for argument on 27-09-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: As Court is on leave, matter adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-11-2023
Date: 24-11-2023
Business: Adv.Prakash Jain present for DH/plaintiff.
None present for JD/defendant.
JD/Defendant has filed NM 4265/17 but remain absent since long, hence, put up for NM No.4265/17 dismissal on next date.
Matter stands adjourned for NM dismissal on 05-01-2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: Adv.Prakash Jain present for JD/Plaintiff.
None present for JD/Defendant.
Matter stands adjourned for NM dismissal on 22-03-2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: None present.
Kept back.
L.O. at 12.45 pm.
Adv. Prakash Jain present for Decree Holder.
None present for Judgment Debtor.
Judgment Debtor absent since long, the Judgment Debtor/Defendant No.1 and 2 took out the Notice of Motion No.4265/17, the plaintiff/Decree Holder has filed reply on 14-12-2018. Since, then the defendant No.1 and 2/ Judgment Debtor No.1 and 2 failed to proceed, it seems that the Judgment Debtor/Defendant No.1 and 2 do not want to proceed with the Notice of Motion. Hence, Notice of Motion No.4265/17 stands dismissed in default.
Put up for Notice of Motion No.41/2019 hearing.
Matter stands adjourned for Notice of Motion hearing
on 27-06-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: Adv.Prakash Jain for Decree Holder.
None present for Judgment Debtor.
The Decree Holder has filed Notice of Motion No.41/2019 u/s 340 of CRPC.
I am fortified by the observation by Hon’ble Bombay High Court in case of “Kenneth Desa V/s Gopal Narang” reported in 2007 ALL MR (CRI) 228, the Hon’ble Bombay High Court has observed in para No.7 that “Whenever an application u/s 340 of Code of Criminal procedure is filed, the Civil Manual Chapter XIX Para 337 requires that it should be registered as miscellaneous judicial case i.e. a case where a judicial inquiry is contemplated.
Thus, the defendant is required to initiate separate proceeding requiring judicial inquiry as per provisions of para 337 of Civil Manual. Thus, this Notice of Motion is not tenable in execution proceeding. Decree Holder to take appropriate steps.
Matter stands adjourned for Steps on 02-09-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: None present.
Kept back.
L.O. at 4.20 pm.
None present.
Matter stands adjourned for steps on 13-11-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: By praecipe Exh.11.
Adv. Prakash Jain present for Decree Holder.
None present for Judgment Debtor.
Heard the counsel of Decree Holder. He prayed for issuance of warrant of sale of the immovable property attached, the report of bailiff dated 05-07-2022 shows that the bailiff has attached the property situated at Room No.19/1, Ground Plus first floor, Thakkar Bappa Colony, Near Kasturba Society Chembur, Mumbai- 400 071.
The counsel of Decree Holder further submitted that the Judgment Debtor have not deposited the amount as per order in Chamber Summons No.1622/16 and prayed for issuance of sale warrant vide application filed on 06-07-2022, but it is not taken on record. Hence, it is taken on record marked as Exh.12.
Considering the submissions issue sale warrant as per Order 21, Rule 64 and 66 of CPC as per rule.
Sheriff to comply.
Heard the counsel of Decree Holder on Notice of Motion No.41/2019. In view of observation in roznama dated 27-06-2024, the Notice of Motion No.41/2019 stands disposed off with liberty to Decree Holder to take appropriate steps.
Matter is already adjourned to 13-11-2024.
Nature Of Disposal: OTHERWISE
Disposal Date: 20-09-2024
