EXECUTION APPLN
TARUN KESHRICHAND SHAHVsRADHA SILK MILLS LTD
CNR MHCC01000398201828-COURT 28 ADD SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 05th November 2020
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 100450/2017
- Registration Date
- 03 Nov 2017
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant
Case History / Proceedings
Case History
Date: 06-02-2018 Business: Parties and advocate absent. Adjourned to 14/02/2018. Next Purpose: FOR___________________ Next Hearing Date: 14-02-2018 Date: 14-02-2018 Business: Parties and Advocate absent. Adjourned to 14/03/2018. Next Purpose: FOR___________________ Next Hearing Date: 14-03-2018 Date: 14-03-2018 Business: Parties and Advocate absent. Adjourned to 03/05/2018. Next Purpose: FOR___________________ Next Hearing Date: 03-05-2018 Date: 03-05-2018 Business: Parties and Advocate absent. Adjd to 08/06/2018. Next Purpose: FOR___________________ Next Hearing Date: 08-06-2018 Date: 08-06-2018 Business: Parties and Advocate absent. Adjd to 10/07/2018. Next Purpose: FOR___________________ Next Hearing Date: 10-07-2018 Date: 10-07-2018 Business: Parties and Advocate absent. Roznama shows that none appeared since last five dates. Hence, issue letter to advocate for plaintiff, informing that upon failure to appear before this Court on next date, matter will be placed on board for dismissal. S.O. to 01/09/2018. Next Purpose: FOR___________________ Next Hearing Date: 01-09-2018 Date: 01-09-2018 Business: Ms. Radha Agrawal I/b M/s. Ashwin Ankhad and Asso., Advocate for Plaintiff, present. Ms. Agrawal prays for issue of Warrant u/o.XXI Rule 43 of CPC, without issue of notice, stating that the Execution Application is filed within two years of passing of Decree. Hence, issue warrant as prayed for, returnable on 01/12/2018. Next Purpose: FOR___________________ Next Hearing Date: 01-12-2018 Date: 01-12-2018 Business: Ms. Radha Agrawal I/b M/s. Ashwin Ankhad and Asso., Advocate for Plaintiff, present. Since, Court is on leave, board discharged and adjd to 07/12/2018. Next Purpose: FOR___________________ Next Hearing Date: 06-12-2018 Date: 06-12-2018 Business: Miss. Radha Agrawal, Advocate for plaintiff present. Execution application marked as Exh-A (Colly). Matter is taken on board by way of praecipe, marked as Exh-B. Application for amendment tendered by Miss. Agarwal, is taken on record and marked as Exh-C. As the matter is already adjourned to 07/12/2018, hence adjourned to 07/12/2018, for order on application for amendment. Next Purpose: FOR___________________ Next Hearing Date: 07-12-2018 Date: 07-12-2018 Business: Parties and Advocate absent, adjd to 11/12/2018. Next Purpose: FOR___________________ Next Hearing Date: 11-12-2018 Date: 11-12-2018 Business: Miss. Radha Agarwal, Advocate for plaintiff present. Upon perusing the application for amendment and upon hearing Miss. Agarwal application for amendment allowed. After amendment in Exe. Application warrant u/o. XXI Rule 54 of CPC, be issued returnable on 30/03/2019. Miss. Agarwal undertakes to raze the warrant u/o.XXI Rule 43 of CPC, issued earlier in the matter as the defendant has no movable property. Next Purpose: FOR___________________ Next Hearing Date: 30-03-2019 Date: 30-03-2019 Business: Miss. Radha Agrawal, advocate for plaintiff present. Shri. Prashant Gavai and Shri. Abhishek Matkar, advocates for third parties are present. Ms. Agarwal has tendered Sheriff Report Bearing No.SJD/A-73121/499/2019, dt.22/03/2019, taken on record and marked as Exh.D. Ms. Agrawal has also tendered original warrants(two in number ) u/o.XXI Rule 54 of CPC, taken on record and marked as Exh.E (Colly). Shri. Gavai has tendered the Vakalatnama of one of the third parties, taken on record and marked as Exh.F. Shri. Gavai seeks time to file reply. Shri. Matkar, advocate for the another third party, undertakes to file Vakalatnama and reply by the next date. Ms. Agrawal seeks time to take steps for issue of warrant of sale. Hence, by consent, adjd to 03/04/2019. Next Purpose: FOR___________________ Next Hearing Date: 03-04-2019 Date: 03-04-2019 Business: Miss. Radha Agrawal, advocate for plaintiff present. Shri. Prashant Gavai and Shri. Abhishek Matkar, advocates for third parties are present. Shri. Gavai has tendered reply of the third party, by name Madhulika Kejriwal, taken on record and marked as Exh.G. Shri. Matkar has also tendered Vakalatnama for the third party/obstructionist, by name Radhaballabh Kejriwal and also reply of the said third party, taken on record and marked as Exh.H and I respectively. As such, as the matter has become contested and as the advocate for plaintiff is intending take out appropriate proceeding before the court against the obstructionists, the matter is hereby submitted to the Honourable Court on 04/04/2019. Office to take steps to assign this matter to the Cour No.28. Parties and advocates to appear before the Court No.28 on 04/04/2019. Next Purpose: FOR___________________ Next Hearing Date: 04-04-2019 Date: 04-04-2019 Business: Adv for DH Ms.Radha Agarwal present Adv for third party Mr. Gawai and Abhishekh present Adv for DH requested for adjournment O-Granted Matter is Adjd for Hearing to 07/06/2019 Next Purpose: HEARING Next Hearing Date: 07-06-2019 Date: 07-06-2019 Business: Adv for DH Intervenent Ms.Radha Kejriwal present Adv for deft Mr.Abhishekh present Adv for DH filed reply to the application of proposed intervenent Radha Ballah Kejriwal and Madhulika Kejriwal Matter is Adjd for Hearing to 28/08/2019 Next Purpose: HEARING Next Hearing Date: 28-08-2019 Date: 28-08-2019 Business: Adv.Ayush Singri for DH. Adv. Abhishek Matkar for Applicant. Ld Advocate for applicant has submitted that he intends to file Additional affidavit to support his claim. Application for sale of attached property filed by Adv for DH. From the record it can be seen that the factory bearing no.30 situated at Andheri and factory at plot no.6 situated at Jogeshwari are attached. The decree is for Rs. 8,31,256.37/- The applicant has objections regarding to the factory of plot no.6. Therefore the sale of factory bearing no.30 at Andheri can be proceeded. Sheriff is directed to take out proceedings for auction and sale of factory at Andheri. Warrant of sale is issued accordingly. Adjd for compliance/ further affidavit of applicant to 9/10/2019. Next Purpose: COMPLIANCE Next Hearing Date: 09-10-2019 Date: 09-10-2019 Business: Adv. Agarwal for DH present. Adv. Abhishek Matkar for Applicant present. Exh. - Claim petition filed by Adv. for applicant. Adjd to 21/12/2019 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 21-12-2019 Date: 21-12-2019 Business: Court is on leave. Matter adjd to 05/03/2020 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 05-03-2020 Date: 05-03-2020 Business: Adv. Ayush singh for DH. Adv. Deepak for applicant filed register Ch/s 259/20 @ affidavit and register NM 656/20 @ affidavit. Adjd for reply to 29-07-2020 Next Purpose: REPLY Next Hearing Date: 29-07-2020 Date: 29-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: REPLY Next Hearing Date: 07-10-2020 Date: 07-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: REPLY Next Hearing Date: 05-11-2020 Date: 05-11-2020 Business: By precepee plaintiff present. Adv Radha Agarwal for plaintiff present. She filed withdrawal application cum pursis. Exh- J t.o.r Order - verified read and recorded. As the plaintiff withdrawn the Execution application the same is disposed. None for Defendant. Nature Of Disposal: WITHDRAWL Disposal Date: 05-11-2020
Additional Case Details
Additional Case Details
Filing Number: 100403/2018 Filing Date: 03-11-2017 First Hearing Date: 06th February 2018 Decision Date: 05th November 2020 Court Number And Judge: 28-COURT 28 ADD SESSIONS JUDGE
Orders
1Final Order 105 Nov 2020
05 Nov 2020
Order Details: Other Pdf Text: 4 Dt: 05.11.2020 EA 450/17 CORAM : H.H.J SHRI. DEEPAK L. BHAGWAT(C.R.NO.28) By precepee plaintiff present. Adv Radha Agarwal for plaintiff present. She filed withdrawal application cum pursis. Exh J t.o.r Order verified read and recorded. As the plaintiff withdrawn the Execution application the same is disposed. None for Defendant. Judge -- 1 of 1 --
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