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EXECUTION APPLN

BANK OF INDIAVsSANTU N. PATEL

CNR MHCC01000247201832-
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 31st January 2020

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100330/2017
Registration Date
08 Aug 2017

Advocates

1

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1BANK OF INDIA

    Respondent

    1. 1SANTU N. PATEL

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec ASSIGED

    Case History / Proceedings

    Case History
    Date: 15-01-2018
    Business: Ms. Pradnya Kulkarni Advocate for the Plaintiff present.
    As per order mentioned in the proceedings, issue warrant of attachment u/o XXI R 46 against the share of Defendant no.2 to the extent of Rs. 8,67,697.75 Warrant of attachment issued, signed separately, returnable on 22.02.2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-02-2018
    
    Date: 22-02-2018
    Business: Plaintiff and Advocate absent.  Ms. Pradya Kulkarni, Advocate for applicant present.  None for Defendant.  Ms. Kulkarni has filed the Warrant of Attachment u/o. XXI r 46 of CPC, same is t.o.r. and marked as Exh. No. 04.  Ms. Kulkarni seeks time to file inventory.  Hence adjourned to 02/04/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-04-2018
    
    Date: 02-04-2018
    Business: Ms. Pradnya Kulkarni, Advocate for Plaintiff present. On request of Ms. Kulkarni, for filing status of attached shares, adjourned to 06/06/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-06-2018
    
    Date: 06-06-2018
    Business: Mrs. Pradnya Kulkarni, Advocate for Plaintiff, present.  On request of Mrs. Kulkarni, adjd to 12/07/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-07-2018
    
    Date: 12-07-2018
    Business: Ms. Pradnya Kulkarni, Advocate for Plaintiff, present.  Application for issue of show cause notice for appropriation and encashing Fixed Deposits under attachment, tendered by Ms. Kulkarni, is t.o.r. and marked as Exh.5.  In view of the said application, issue Show Cause Notice accordingly, returnable on 10/08/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-08-2018
    
    Date: 10-08-2018
    Business: Ms. Pradnya Kulkarni, Advocate for Plaintiff, present.  Mr. S. N. Patel, Defendant, present.  Ms. Kulkarni has tendered original show cause notice before appropriation of monies before attachment, same is t.o.r. and marked as Exh.6.  Advocate for Plaintiff undertakes to serve E.A. on Defendant.  For reply of Defendant adjd to 06/09/2018 .
    Next Purpose: FOR___________________
    Next Hearing Date: 06-09-2018
    
    Date: 06-09-2018
    Business: Ms. Pradnya Kulkarni, Advocate for Plaintiff, present.  Mr. Vikas C. Rele, Advocate for Defendant, present.  For Vakalatnama and reply of Defendant, by consent, adjd to 27/09/2018.  Later on Mr. S. N. Patel, Defendant, present.  He is informed about the next date.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-09-2018
    
    Date: 27-09-2018
    Business: Mr. S. N. Patel, Defendant, present.  His Advocate absent.  None for Plaintiff.  Mr. Patel undertakes to file reply and on his request adjd to 15/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Business: Mr. Vikas C. Rele, Advocate for Defendant Nos.1 and 2, present. None for Plaintiff.  Mr. Rele has tendered Vakalatnama and reply for Defendant, same are t.o.r. and marked as Exh.7 and Exh.8, respectively.  For re-joinder of Plaintiff, adjd to 21/11/2018.  Later on Ms. Pradnya Kulkarni, Advocate for Plaintiff, present.  She is informed about next date.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-11-2018
    
    Date: 21-11-2018
    Business: Ms. Pradnya Kulkarni, Advocate for Plaintiff, present.  Mr. Vikas C. Rele, Advocate for Defendant Nos.1 and 2, present.  By consent, adjd to 13/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-12-2018
    
    Date: 13-12-2018
    Business: Miss. Pradnya Kulkarni, Advocate for plaintiff present. None for defendant. On request of Ms. Kulkarni, adjourned to 28/01/2019, as the Advocate for defendant who was supposed to make submissions before this court after meeting with officials of the bank, is absent today.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-01-2019
    
    Date: 28-01-2019
    Business: Miss. Pradnya Kulkarni, Advocate for plaintiff present. As Court is on leave, board discharged and matter is adjourned to 09/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: Ms. Prdnya Kulkarni, advocate for the plaintiff present. None for defendant. On request of Ms. Kulkarni, adjd to 07/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-06-2019
    
    Date: 07-06-2019
    Business: Ms. K. B. Jayanty, Advocate for Plaintiff, present.  Mr. Gawade, Clerk of Advocate Shri Vikas Rele, present.  On request of Ms. Jayanty, adjd to 20/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-06-2019
    
    Date: 20-06-2019
    Business: Shri. Rony Joseph, advocate for the Plaintiff present.  Shri. Joseph has tendered rejoinder dt.20/06/219, taken on record and marked as Exh.09. As the matter has become contested, on request of Shri. Joseph, the matter is hereby submitted to the Honourable Court as per assignment. Office to take steps to assign this matter to the court. Parties and advocates to appear before the Court as may be assigned,on 03/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Matter called out (03.08pm)
    Shri. Rony Joseph, advocate for judgment creditor present.
    Clerk of judgment debtor inform that advocate is not available today hence matter adj tomorrow.
    Matter adj for hearing on E/A No.330/17 on 04/07/19.
    Next Purpose: HEARING
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Matter called out (03.07pm)
    Adv.Rony P.J for decree holder present.
    Adv.Vikas Rele for judgment debtor present.
    At the request of judgment debtor matter adj for hearing on 09/07/19 at 11.00am.
    Next Purpose: HEARING
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: Matter called out (12.21pm)
    Adv.Rony P.J for decree holder present.
    Exh-10 Adv.Vikas Rele for judgment debtor 1 and 2 filed pursis he do not want to lead evidence. Order-Seen and filed.
    Matter adj for hearing on 11/07/19.
    Next Purpose: HEARING
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: Matter called out (04.08pm)
    Exh-11 Adv.Rony P.J for decree holder filed pursis.
    Adv.Vikas Rele for judgment debtor 1 and 2.
    Heard both the ld.advocate on EA
    Matter adj for order on 15/07/19.
    Next Purpose: ORDER
    Next Hearing Date: 15-07-2019
    
    Date: 15-07-2019
    Business: Matter called out (03.07pm)
    None present.
    ORDER
    1.Objection of the judgment debtor is hereby rejected.
    2.The warrant of attachment issued as per Order XXI Rule 46 of Code in respect of Fixed Deposits mentioned in the Schedule, to the extent of 50 percent share of the judgment debtor, is hereby made absolute and be en-cashed to satisfy the decreetal amount.
    Matter adj for compliance on 09/09/19.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Advocate for decree holder present.
    advocate for decree holder field pursis, t.o.r.
    Matter adjd to 28/11/19 for order.
    Next Purpose: ORDER
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: None present.
    Matter adjd to 07/12/19 for order.
    Next Purpose: ORDER
    Next Hearing Date: 07-12-2019
    
    Date: 07-12-2019
    Next Purpose: ORDER
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Adv.Ruchi Bagve for decree holder present.
    FRSR - Following order is passed -
    ORDER
    1) Execution  Application No. 330/2017 is disposed off as fully satisfied.
    Nature Of Disposal: DISMISSED
    Disposal Date: 31-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 100251/2018
    Filing Date: 08-08-2017
    First Hearing Date: 15th January 2018
    Decision Date: 31st January 2020
    Court Number And Judge: 32-

    Orders

    1
    Final Order 1
    31 Jan 2020
    Order Details: Other
    Pdf Text: Daily Status
    Daily Status
    IN THE COURT OF :COURT 32 ASST SESSION JUDGE
    Case No. :EXECUTION APPLN/0100330/2017
    BANK OF INDIA Vs SANTU N. PATEL
    Date : 31-01-2020
    Business : Adv.Ruchi Bagve for decree holder present. FRSR -
    Following order is passed - ORDER 1) Execution Application
    No. 330/2017 is disposed off as fully satisfied.
    Nature of Disposal : DISMISSED
    Disposal Date : 31-01-2020
    COURT 32 ASST SESSION JUDGE
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