Mrs. Lata Sharad Naryan AdurkarVsM/s. Ahuja Properties and Developers +2 more

Date: 28-01-2019
Business: Parties and Advocate absent, As Court is on leave, board discharged and matter is adjourned to 06/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 06-02-2019

Date: 06-02-2019
Business: Miss. Disha Vardhan, Advocate for plaintiff present. On request of Ms. Vardhan, issued notice before execution returnable on 27/02/2019. On request of Ms. Vardhan, short service by humdust is allowed.
Next Purpose: FOR___________________
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Ms. Disha Vardhan I/b Sudhir Shah and Asso., Advocate for Plaintiff, present.  Ms. Manisha Tarkar, Advocate for Defendant, present.  Affidavit of service tendered by Ms. Vardhan, is t.o.r. and marked as Exh.B.  Ms. Tarkar has tendered Vakalatnama ofMs. U. M. Jhaveri, Advocate for Defendant, t.o.r. and marked as Exh.C.  Ms. Tarkar seeks time to file reply and by consent adjd to 26/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-03-2019

Date: 26-03-2019
Business: Miss. Manisha Karkar, advocate for the defendant present. None for plaintiff. On request of Ms. Karkar, for filing reply of the defedant, adjd to 26/04/2019. Later on Miss. Darbar Sonal, intern advocate for plaintiff appeared and she is informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Miss. Preeti Gada, advocate for the Plaintiff present. Shri. Madhukar Mulay, advocate for the defendant present. Shri. Mulay has tendered the Vakalatnama for the defendant with no objection endorsed thereon by the earlier advocate Ms. U.M. Jhaveri, taken on record and marked as Exh.D. Shri. Mulay seeks time to file reply. Ms. Gada objects and prays for issue of warrant of attachmentu/o.XXI Rule 54 of CPC, stating that the defendant is unnecessarily taking adjournments for filing reply. However, interest of Justice, last chance is granted to the Defendant to file the reply, making it clear that, if no reply is filed on next date, warrant of attachment tendered today by the advocate for plaintiff, will be issued. By consent, adjd to 04/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 04-06-2019

Date: 04-06-2019
Business: Ms.Priti Gada, Advocate for Plaintiff present.  Shri Madhukar Mulay, Advocate for Defendant present.  Ms.Gada prays for issue of warrant u/o.XXI, Rule 54 of CPC, as no reply is filed by defendant, though last chance was granted on previous date.  Shri Mulay Advocate for defendant states that he will file reply within an hour and requests for keeping back the matter.  Ms.  Objects for the same.  However, in the interest, matter kept back till 1.20 p.m.  Later on at 1.20, same appearance.  Shri states that it will take further half an hour to submit reply of defendant.  However, Ms.Gada strongly objects and filed application for issue of warrant of attachment u/o.XXI, Rule 54 of CPC, taken on record, marked as Exh-E.  Copy of the said application has been served upon advocate for defendant across the bar.  Considering the fact that though last chance was granted for defendant for filing reply, no reply is filed by the defendant till moment and hence, considering the objection of the advocate for plaintiff and the application filed by advocate for plaintiff, in order to protect the interest of plaintiff, issue warrant of attachment u/o.XXI, Rule 54 of CPC, as prayed for returnable on 04/09/2019.  Shri Mulay prays that the reply of defendant may be taken on record, which is likely to come in his hands within half an hour and liberty may be granted to apply before the Honourable Court, for appropriate reliefs.  Ms.Gada has no objection for the same, subject to condition that copy of same should be served upon her by Advocate for defendant, by an appropriate mode.  Later on at 2.10 p.m. Shri Mulay Advocate defendant tendered reply of defendant, taken on record, marked as Exh.-F.  Shri Mulay undertakes to serve copy of reply upon advocate for defendant and also undertakes to give notice to advocate for plaintiff, before applying to the Honourable Court for reliefs.
Next Purpose: FOR___________________
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: Shri. Madhukar Mulay, advocate for the defendant present. Shri. Ganehs Darekar, clerk of advocate present. Matter is taken on board by way praceipe, marked as Exh.G. Shri. Mulay has tendered reply to the application of the plaintiff filed under u/o.XXI Rule 54 of CPC, taken on record and marked as Exh. H. Shri. Mulay has also tendered application for setting aside the order dt.04/06/2019, in respect of issuance of warrant attachment, u/o.XXI Rule 54 of CPC and for staying the said order, taken on record and marked ans Exh.I. Copies of both has been served upon Shri. Darekar, across the bar. Shri. Darekar upon instructions from advocate, seek time to file reply and hence, by consent, adjd to 23/07/2019. Shri. Mulay prays that as the advocate for plaintiff is absent, warrant ordered to be issued on 04/06/2019, be withheld till next date. Hence, it is made clear to Shri. Darekar that not to proceed with the warrant of attachment till next date and to inform his advocate accordingly.
Next Purpose: FOR___________________
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Matter called out (4.00 pm)
Adv.Preeti Gada for plaintiff present.
Adv.Madhukar Mulay for defendant present.
Matter adj for hearing on 31/07/19.
Next Purpose: HEARING
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Matter called out (2.52pm)
Decree holder in person present.
Adv.Preeti Gada for plaintiff present.
Adv.Madhukar Mulay for defendant present.
Request of the both the side hence matter kept back.
Second time matter called out (3.58pm)
Decree holder in person present.
Adv.Preeti Gada for plaintiff present.
Adv.Madhukar Mulay for defendant present.
Judgment debtor handed over to pay orders bearing no.053760 dated 25.07.2019 of Rs.2,50,000/- each to the decree holder. The necessary photocopies taken on record, it is marked as Exh-K.
The advocate for the judgment debtor made statement that they are ready to furnish surety in respect of balance amount by offering the attachment of certain property.  The advocate for judgment debtor seeking time to file proper affidavit in that respect.  Hence time granted.
Exh-J Plaintiff advocate filed affidavit in reply on behalf of the plaintiff.
Matter adj for taking steps 07/08/19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Matter called out (4.43pm)
Adv.Preeti Gada for plaintiff present.
Adv.Madhukar Mulay for defendant present.
At the request of judgment debtor.
Matter adj for taking steps on 08/08/19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Matter called out (4.22pm)
Adv.Preeti Gada for plaintiff present.
Adv.Madhukar Mulay for defendant present.
kept back
Second time matter called out (4.40pm)
Adv.Preeti Gada for plaintiff present.
Adv.Madhukar Mulay for defendant present.
EA 16/19 judgment debtor filed affidavit on record.
Given proposal of payment of Rs.19,95,150/- till 25/09/19 and ready to offer security of the apartment.  However, decree holder raise the point of title of those flats.  The judgment debtor seeking time to show his right title in right and those apartments.
Decree holder filed application arrest warrant under order 21 rule 28 of the court. T.O.R
Hence matter adj for taking steps on 13/08/19 at 4.30pm
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: Matter called out (5.12pm)
Adv.Preeti Gada for plaintiff present.
Adv.Madhukar Mulay for defendant present.
Judgment debtor tendered additional affidavit. T.O.R.
Copy supply to the other side. The judgment debtor tendered demand draft of of Rs.5,00,000/- dated 13.08.2019 in favour of Cosmos Bank and Demand Draft No.053792. to the decree holder in the court.
Judgment debtor filed reply to the execution application. T.O.R.
By consent.
The judgment debtor directed to supply copy of register agreement between Sai Asharay builder and the owner of the land, to the decree holder on or before next date.
Matter adj for 03/09/19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: Matter called out(4.20pm)
Adv.Disha Vardhan for plaintiff (Decree Holder) present.
Adv.Madhukar Mulay for defendant (Judgment Debtor) present.
Decree holder filed reply against the affidavit dated 13.08.2019 filed by judgment debtor.
Adv.  Madhukar Mulay for judgment debtor made a statement
that within two weeks his client would come up with positive proposal. Accepting the statement of advocate matter adj to 26/09/19 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Matter called out(4.25pm)
Adv.Preeti Gada for plaintiff present.
Adv.Madhukar Mulay for defendant present.
Misc. Application handed over to the decree holder for registration.
Matter is adj to 27/09/19 for hearing.
Next Purpose: HEARING
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Matter called out(4.57pm)
Adv.Preeti Gada for plaintiff present.
Adv.Madhukar Mulay for defendant present.
Cheque dated 27/09/2019 bearing no.053908.of Rs.2,50,000/-. The cheque handed over the decree holder which she has received subject to the realization.
Adv. for defendant tendered EA application.
By consent.
Matter is adj to 18/10/19.
Next Purpose: HEARING
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: CORAM  H.H.J. SHRI K.P. NANDEDKAR (C.R. NO.09)
Matter pertain to Court Room No.07
Adv.Preeti Gada for plaintiff present draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Draft notice of handed-over to the plaintiff advocate for registration.
Copy served to the Vishal Hinduja.
Representative of defendant present.(Vishal Hinduja)
Matter is adj to 19/10/19 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Matter called out(3.26pm)
CA of the plaintiff present.
Adv.Preeti Gada for plaintiff present.
Adv.Madhukar Mulay for defendant no.1 to 3 present filed affidavit.
Judgment debtor tendered original N/M No.3887/19.
Reply tendered by the judgment debtor. T.OR.
Copy serve to the other side.
Matter is adj to 21/11/19 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Matter called out(3.48pm)
Adv.Preeti Gada for plaintiff present.
Adv.Sabita Bhowmik for defendant present.
kept back
Second time matter called out(5.09pm)
Adv.Preeti Gada for plaintiff present.
Adv.Sabita Bhowmik for defendant present.
Judgment debtor tendered pay order dated 18/10/2019 of Rs.26,18,309.00 and pay order dated 19/10/2019 Rs.23,188.00/-      to the judgment detor and filed pursis.T.O.R.
Judgment detor accepted the same subject to the verification.
At the request of advocate for judgment debtor that they are going make full and final payment and matter can be put before mediation.
Matter is adj to 25/12/19 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Court is busy argument on Suit No.6822/79, 6823/79, 6824/79 and 6826.
None present.
Matter is adjd. to 13/12/19 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Court is busy in recording of evidence of Suit No.7247 of 2004.
Adv.Disha Vardhan for decree holder present.
Adv.Sabita Bhowmik for defendant present.
Matter is adj to 19/12/2019 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Matter called out(3.33pm)
Adv.Sabita Bhowmik for defendant present.
Report received.(Exh-N) In view of the mediation report matter is settled between the parties.
In view of the settlement EA No.16/19, N/M No.3887/19 and MA 63/19 are disposed off.
Authenticated copy be supply.
Later on at 3.50pm
Adv.Disha Vardhan h/f Adv.Preeti Gada for plaintiff present.
Nature Of Disposal: OTHER
Disposal Date: 19-12-2019

Main Case No: SUMMARY CIVIL SUIT/0100360/2018
Main Cnr: MHCC010026112018
Main Filing No: 113080

NOTICE OF MOTION/103887/2019

Registration Number: 100016/2019
Transfer Date: 23-07-2019
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Filing Number: 100380/2019
Filing Date: 17-01-2019
First Hearing Date: 28th January 2019
Decision Date: 19th December 2019
Court Number And Judge: 7-COURT  07 ADDL SESSIONS JUDGE