MS DOSHI INDUSTRIES AND ORS.VsNARENDRA PAREKH

Date: 14-03-2018

Date: 03-05-2018
Business: Mr.Chetan Shah, Advocate for plaintiff present.  Application Dtd.27/03/2018 for amendment to bring legal heir of defendant on record alongwith the affidavit in support of the application, tendered by Shri Shah, taken on record and marked as Exhibit-6 and Exhibit-7, respectively.  Application allowed.  Notice under order XXI, Rule 22 alongwith the copy of amended execution application, be issued to legal heir of defendant, returnable on 22/06/2018.
Next Purpose: FOR___________________
Next Hearing Date: 22-06-2018

Date: 22-06-2018
Business: Mr. Chetan Shah and Mr. L. Venkat I/b Rajesh L. Shethia, Advocate for Plaintiff, present.  On request of Advocates, for carrying out amendment and service adjd to 31/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 31-07-2018

Date: 31-07-2018
Business: Parties and Advocates absent, adjourned to 18/08/2018.
Next Purpose: FOR___________________
Next Hearing Date: 18-08-2018

Date: 18-08-2018
Business: Mr. Chetan Shah I/b Rajesh L. Shethia, Advocate for Plaintiff, present. On request of Mr. Shah for filing Affidavit of service, adjd to 01/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 01-09-2018

Date: 01-09-2018
Business: Parties and Advocate absent, adjd to 25/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 25-10-2018

Date: 25-10-2018
Business: Mr. Chetan Shah I/b Rajesh L. Shethia, Advocate for Plaintiff, present.
Affidavit of service dated 25/10/2018, tendered by Mr. Shah, is t.o.r. and marked as Exh.8.  For reply of Defendant, if any, adjd to 13/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 13-11-2018

Date: 13-11-2018
Business: Ms. Jyoti Vaity I/b Rajesh L. Shethia, Advocate for Plaintiff, present.  Ms. Vaity prays for issue of warrants of attachment u/o/XXI, Rule 43 and 54 of CPC, by making the notice absolute, as the Defendant though served neither appeared nor filed any reply.  Hence, upon perusing affidavit of service and upon hearing Ms. Vaity issue warrants as prayed for, returnable on 14/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 14-02-2019

Date: 14-02-2019
Business: Shri. Chetan Shah, advocate for plaintiff present. Shri. Asad Khan, advocate for defendant present. Shri. Shah states that warrant of attachment has been duly executed and sheriff report in that respect is awaited. Shri. Khan, seeks time to file reply in the matter stating that the defendant has not been served with the copy of entire proceeding. He further states that he has appeared for certified copies and therefore seeks longer adjournment for filing reply. Shri. Shah objects stating that though the defendant has been duly served, he failed to appear before this court and not filed any reply and therefore warrants of attachment came to be issued. However, as the advocate for defendant appeared and undertakes to file Vakalatnama and reply by next date, in the interest of Justice, by consent adjourned to 08/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 08-03-2019

Date: 08-03-2019
Business: Shri. Hassan Khan, advocate for defendant present. None for plaintiff. Shri. Khan, has tendered Vakalatnama for defendant, taken on record and marked as Exh. 09. Shri. Khan has also tendered affidavit in reply of the defendant, taken on record and marked as Exh.10. For rejoinder of plaintiff, adjourned to 02/04/2019. Later on Shri. Chetan Shah, advocate for plaintiff appeared and he is informed about todays roznama.
Next Purpose: FOR___________________
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Miss. Jyoti Vaity, advocate for plaintiff present. Shri. Hassan Khan, advocate for defendant present. Miss. Vaity seeks time to file rejoinder stating that she has received the copy of reply today only. Hence, by consent, adjd to 26/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Ms. Khatu, advocate for the Defendant present. None for Plaintiff. On request of Ms. Khatu, adjd to 17/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Shri. Chetan Shah, advocate for the Plaintiff present. Shri. Hassan Khan, advocate for the defendant present. Shri. Shah has tendered the affidavit in rejoinder of the plaintiff, taken on record and marked as Exh.11. Advocate for the defendant seeks time to take instructions in respect of the amount deposited in the office of this court, during pendency of the Suit. Hence, by consent, adjd to 25/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 25-06-2019

Date: 25-06-2019
Business: Ms. Chetna Dharod I/b Rajesh L. Shethia, Advocate for Plaintiff, present.  Ms. Jaswandi Khatu I/b Hassan Khan, Advocate for Defendant, present.  On request of Ms. Khatu, for taking instructions in respect of amount deposited during pendency of suit, adjd to 02/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 02-07-2019

Date: 02-07-2019
Business: Parties and Advocates absent.
As Court is on leave, board discharged and adjourned to 11/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: Ms. Jyoti Vaity, advocate for the Plaintiff present. Shri. Hassan Khan, advocate for the Defendant present. Shri. Khan states that on next date, he will produce copy of receipt in respect of amount deposited in the Office of this Court and he further states that, he will consider the matter for settlement. Hence, by consent, adjd to 16/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: Shri. Hassan Khan, advocate for the defendant present. Shri. Manish Parekh, defendant present. None for the plaintiff. Shri. Khan has tendered the copy of application dt.24/04/2013, in respect of fixed deposit receipt, kept in R and P. Shri. Khan seeks time to take inspections in respect of amount lying in the Office of this Court and on his request, adjd to 24/07/2019. Later on, Shri. Chetan Shah, advocate for the Plaintiff appeared and he has been informed about today\''s roznama and next date.
Next Purpose: FOR___________________
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Shri. Venkateraman, representative of Plaintiff present. His Advocate absent.  Shri. Hassan Khan, advocate for the defendant present. Shri. Venkareraman seeks time to verify from the accounts department of this office, in respect of amount deposited by the defendant. Hence, by consent, adjd to 31/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Mr. Chetan Shah, Advocate for Plaintiff, present.  Mr. Aaditya Malik, Intern of Hassan Khan, Advocate for Defendant, present.  Shri Shah has tendered calculation in respect of decreetal amount with interest thereon till 31/07/2019, kept in record and proceedings.  A copy of the same has been served upon Advocate for Defendant, across the Bar.  Advocate for Defendant seeks time to go through the same and to take instructions from his client.  Hence, by consent, adjd to 08/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Ms. Chetana Dharod, advocate for the Plaintiff present. Shri. Hassan Khan, advocate for the Defendant present. Shri. Hassan Khan seeks time to work out the amount as per the calculation sheet furnished by the advocate for the Plaintiff on last occasion.  Ms. Dharod, also seeks time to take instructions. Hence, by consent, adjd to 09/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Ms. Jyoty Vaity, advocate for the Plaintiff present. Shri. Hassan Khan, advocate for the defendant present. Son of the defendant present. Sheriff report bearing no. VNT/A-73251/1136/2019, dt.03/08/2019, under this office inward no.8444, dt.06/08/2019, taken on record and marked as Exh.12.Record shows that FDR dt.09/04/2013, for Bank of India, bearing account no.003242710000439, for the amount of Rs. 4,50,000/-, having maturity date 08/04/2016 in the name of Narendra B. Parekh, defendant is lying in the custody of the Registrar by way of security. Son of defendant admitted that his father was availing interest on the said FDR from time to time and the said FDR has not been renewed by his father and further admitted that the said FDR is autorenewed by the Bank as it stands in the name of his father who expired.  Advocate for the defendant states that, as the defendnat has expired he seeks time to take instructions from the Bank in respect of renewal of the said FDR by the legal heir of the defendant. Advocate for defendant objects for encashment of the said FDR by the legal heir of the defendant.  Copy of the FDR has been furnished to both the advocates and by consent, adjd to 09/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Ms. Jyoti Vaity, advocate for the Plaintiff present. None for the defendant. On request of Ms. Vaity, for taking further steps, for changing the mode of execution, adjd to 16/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Ms. Jyoti Vaity, advocate for the Plaintiff present. Shri. Hassan Khan, advocate for the Defendant present. On request of Shri. Khan, for taking further steps, in respect of FDR, kept in the Custody of Registrar by way of security,  adjd to 27/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Ms. Chetna Dharod, advocate for the Plaintiff present. Ms. Khatu, advocate for the defendant present. Ms. Khatu has tendered the affidavit in respect of transfer of FDR in the name of nominee mentioned in the FDR, taken on record and marked as Exh-13. Advocate for the Plaintiff seeks time to take instructions. Hence, by consent, adjd to 04/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Ms . Jyoti Vaity Advocate for Plaintiff and Shri. Hassan Khan Advocate for Defendant are present Ms Vaity submits that as there is dispute in respect of interest on FDR kept in the custody of Registrar, in the name of deceased defendant by way of security, matter may be referred to the Honourable court. Hence by consent matter is hereby submitted to Honourable Court on 07/11/2019, as per assignment. Office to take steps to assign the matter to the Honourable Court. Parties and Advocates to appear before the Court on 07/11/2019 as may be assigned.
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Adv for DH Mr.Chetan Shah present.
Adv for JD Mr.Sakshat Relekar present.
Court is busy in dictating judgment in SU 4489/08.
Matter is Adjd to 25.11.2019.
Next Purpose: FOR___________________
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Adv for DH Mr.Shah present.
Adv for deft Mr.Patel present.
Adv for DH prayed to issues proclamation as the property is attached.
O-Issue proclamation as prayed for sale of property attached and issue notice to JD of the same.
Matter is Adjd for Compliance to 13.02.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: None for the Plaintiff.
Adv for JD Ms.Khatu present.
Adv for JD filed certified copy of order passed in first appeal no.1412/17.
Matter is Adjd for Withdrawal to 19.03.2020.
Next Purpose: WITHDRAWAL
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: As per Office Order No.66 of 2020 dated 16.03.2020 of Hon\''ble Principle Judge,City Civil Court and Sessions Judge, Gr.Bombay.
All the Courts shall take up only urgent matters such as B.A., A.B.A., Application for urgent orders of injunctions, remand orders, statement u/s. 164 of Cr.P.C., Applications for grant of stay and such other urgent matters only as the case may be.
None present.
Matter is Adjd for Withdrawal to 27.04.2020.
Next Purpose: WITHDRAWAL
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WITHDRAWAL
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: National Lock Down
Next Purpose: WITHDRAWAL
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: WITHDRAWAL
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National Lockdown
Next Purpose: WITHDRAWAL
Next Hearing Date: 06-08-2020

Date: 06-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WITHDRAWAL
Next Hearing Date: 30-09-2020

Date: 30-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 07.01.2021.
Next Purpose: WITHDRAWAL
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: Both the parties and adv. are absent.
KB,  LO at 12.55 pm
Adv. Hassan Khan for deft/judgment debtor present.
Adv.for judgment debtor has filed the true copy of order passed in First Appeal No. 1412/17 by the Hon’ble High Court dtd. 18.12.2019 along with the consent terms which is part of order. Heard Adv. for the judgment debtor. Perused Para 4 (clause c ) of the consent terms which is part of order passed by Hon’ble High Court regarding withdrawal of present execution no.539/17. It is t.o.r marked at Exh.14.
The Ld. Adv. also submitted that the consent terms has been acted upon. Hence, in consonance of the order passed by the Hon’ble High Court vide Exh.14 and the statement of the Adv.for the judgment debtor this execution application no. 539/17 stands disposed of as withdrawn. It be removed from the board.
Nature Of Disposal: WITHDRAWL
Disposal Date: 07-01-2021

Main Case No: SUIT/0106494/2006
Main Cnr: MHCC010096102006
Main Filing No: 111447

Registration Number: 100539/2017
Transfer Date: 14-10-2019
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Filing Number: 100710/2018
Filing Date: 15-11-2017
First Hearing Date: 14th March 2018
Decision Date: 07th January 2021
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE