Umedmal Babulal Jain Summ. Suit No.374 of 2015VsShankar Bhikaji Morajkar +1 more

Date: 23-01-2020
Business: Shri. B.S. Patil, advocate for Plaintiff present.
Exe.application marked as Exh-A(colly).
Shri. Patil has tendered original warrants u/o.XXI rule 46 and 48 with service report endorsed thereon, t.o.r. and marked as Exh-B and C respectively.
Shri. Patil states that, the employer of the defendant failed to act on the said warrants and therefore, prays for issue of garnishee notice and in support thereof, he has tendered affidavit of decree holder, t.o.r. and marked as Exh-D.
Hence, upon hearing shri. Patil and upon perusing the affidavit, issue garnishee notice as prayed for, returnable on 20/02/2020, before the Honourable Court as per assignment.
R and P be sent to the Exe. Department for issue of garnishee notice and for assignment of the matter in the Honourable Court.
Next Purpose: FOR___________________
Next Hearing Date: 20-02-2020

Date: 20-02-2020

Date: 05-03-2020
Business: Adv. B. S. Patil for DH present.
J. D. No. 1 and 2 are present.
Garnishee who is employer of JD Mr. Tamol Das Deputy manager MTNL  is present. He is directed to file the details of retirement benefits to be received by the JD on next date.
Adjd for compliance to 29/04/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 20-05-2020

Date: 20-05-2020
Business: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2020

Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: NOBTOB
Ex.02  Received letter dated 04-01-2021 of MTNL, Mumbai having I/W no. 132, dated 05-01-2021 of City Civil Court, Bombay t.o.r.
O- It is received today. Keep it with the record.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Plaintiff/ DH present.   None for defendant.
Mr. Tamal Das, Dy. Manager, Finance- LC, MTNL, Mumbai present. He submitted that no amount of JD no.1 Shankar Bhikaji Morajkar is lying as on today with LC- Finance Unit of MTNL. Today he provided copy of Ex.02 to the plaintiff/ DH.
Today matter is for compliance.
Perused roznama/ noting dated 05-01-2021. It shows that court has received letter Ex.02 dated 04-01-2021.
The plaintiff/ DH seeks time to take steps stating that his advocate is out of town.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for compliance to 17-02-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Plaintiff present.
None for defendant.
Today matter is for compliance.
Matter adjd for compliance to 06-04-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Adv.B.S. Patil for plaintiff present.
None present.
Matter adjd for compliance to 02-07-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: None for present.
Matter adjd for Compliance to 30.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-10-2021

Date: 30-10-2021
Business: Adv. Balbheem Patil for plff/DH present.
Plaintiff in person present.
None for deft.
Exh. 3 application filed by D/H for releasing the amount
of Rs. 9100 .
Order for report of concerned department.
Matter adjd for report to 18.12.2021.
Next Purpose: REPORT
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Adv. Balbheem Patil for plaintiff/DH present.
None present for defendant/JD.
Matter Adjd for taking steps/report on 16/02/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Adv. Balbheem Patil for plaintiff /DH present.
None present for defendant/JD.
Matter Adjd for report on 11/04/2022.
Next Purpose: REPORT
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Adv. Balbheem Patil for plaintiff/DH  present.
None present for defendant/JD.
Decree Holder present.
Exh.04 - Sheriff report.
Exh.05 - Application for releasing the amount.
Order below Exh.05
Perused the application and sheriff report. As per the sheriff report the amount of Rs.22,100/- is lying in Execution Application No.554 of 16. Hence the amount of Rs.22,100/- be released in the name of decree holder Umedmal Babulal Jain as per rule.
Matter Adjd for steps on 24/06/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Adv. Balbheem Patil for plaintiff/DH present.
None present for defendant/JD.
Matter Adjd for steps on 19/08/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Balbheem Patil  for plaintiff/DH present.
None present for defendant/JD.
Issue fresh notice to garnishee.
Matter Adjd for service affidavit on 11/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv.Balbheem Patil for plaintiff/DH present.
None present for defendant.
On the oral request by Ld. Adv. for plff. time is extended for service to Garnishee.
Matter Adjd for service affidavit on 03/12/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: Adv. Balbheem Patil for plaintiff/DH present.
None present for defendant.
Plff/Decree holder is present.
On the oral request by Ld. Adv. for plff/DH time is extended for garnishee notice.
Matter Adjd for service affidavit on 10/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: Adv. Balbheem Patil for plaintiff/DH present.
Representative of garnishee present.
Matter Adjd for reply on 06/03/2023.
Next Purpose: REPLY
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: Plaintiff/DH present.
None present for defendant.
Matter Adjd for reply on 24/04/2023.
Next Purpose: REPLY
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Son of plaintiff/DH present.
None present for defendant/JD.
Matter Adjd for reply on 07/07/2023
Next Purpose: REPLY
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: P.O. is on Leave.
Hence, matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: P. O. is on leave.
Hence, matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: P.O. is on leave.
Next Purpose: REPLY
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: P.O. is on leave.
Next Purpose: REPLY
Next Hearing Date: 13-02-2024

Date: 13-02-2024
Business: Court is Vacant.
Next Purpose: REPLY
Next Hearing Date: 02-04-2024

Date: 02-04-2024
Business: court is on leave.
Next Purpose: REPLY
Next Hearing Date: 18-06-2024

Date: 18-06-2024
Business: None present.
Matter is adjourned to 26.08.2024 for Reply.
Next Purpose: REPLY
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: None present.
Matter is adjourned to 23.10.2024 for Reply.
Next Purpose: REPLY
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: Plaintiff present.
Adv. Nazma Shaikh h/f Adv. Fatima Lakdawala for defendant No.1 and 2 present.
Matter is adjourned to 15.01.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2025

Date: 15-01-2025
Business: As P.O. is on leave 1st Sessions
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2025

Date: 20-03-2025
Business: P.O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2025

Date: 05-04-2025
Business: DH present.
Adv. Balbheem Patil for DH present.
Matter is adjourned to 13.06.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2025

Date: 13-06-2025
Business: DH present.
Matter is adjourned to 08.07.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2025

Date: 08-07-2025
Business: DH present.
O- At the request of the DH Fresh Garnishee was issued to The Account/Manager, M.T.N.L. Fort Mumbai . The roznama dated 10.01.2023 reveals representative of Garnishee was present in the Court. As per DH when he visited the office of M.T.N.L., it was inform that the salary is attached and the amount is lying with them and asked for order of Court to release the amount. As no any reply is filed. Hence, Garnishee Notice is made absolute as prayed.
Matter is adjourned to 22.09.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-09-2025

Date: 22-09-2025
Business: DH present.
Adv. Balbheem Patil for DH  present.
Matter is adjourned to 30.09.2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-09-2025

Date: 30-09-2025
Business: None present.
Matter is adjourned to 04.12.2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-12-2025

Date: 04-12-2025
Business: Adv. Balbheem Patil for plaintiff present.
Matter is adjourned to 13.01.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-01-2026

Date: 13-01-2026
Business: None present.
Matter is adjourned to 06.02.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-02-2026

Date: 06-02-2026
Business: Adv. Balbheem Patil for plaintiff present.
ORDER BELOW EXH.01
The E.A is filed for recovery of an amount of Rs.50,000/-. The DH filed garnishee notice. On 05.01.2021 letter Exh.02 was filed by the MTNL, Mumbai. On 08.01.2021 Mr. Tamal Das, Dy. Manager, finance, MTNL, Mumbai remain present in the court and submitted that no any amount of JD is lying in the department in view of the VRS. In view of the said submission DH was directed to take steps. However, since 08.01.2021 till today, no any steps taken by DH to recover the amount from JD by taking recourse provided for recovery of  amount. The letter dt.15.02.2020 issued by MTNL reveals an amount of Rs.31,170/- was recover from JD. However, as discuss above, no any further steps are taken for recovery of the remaining amount. Hence, this court is left with no option but to dismiss the E.A for want of steps. Hence, the E.A No.554/2016 is disposed of accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 06-02-2026

Registration Number: 100554/2016
Transfer Date: 03-02-2020
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 13 - COURT 13 ADDL SESSIONS JUDGE

Registration Number: 100554/2016
Transfer Date: 01-01-2024
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 83 - judge 904

Filing Number: 100044/2020
Filing Date: 08-11-2016
First Hearing Date: 23rd January 2020
Decision Date: 06th February 2026
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE