Interim Order 2

Order Details: Order below exhibit
Pdf Text: OBEX.3 EXECU.APPLN.514/17 SUM.SUIT.698-14 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
ORDER BELOW EXH.3
IN
EXECUTION APPLICATION NO.514 OF 2017
IN
SUMMARY SUIT NO. 698 OF 2014
(CNR NO.: MHCC010007352018)
Smt.Hasumati Jitendra Mehta(Deceased)
and
Rajiv Jitendra Mehta ...Plaintiff
Versus
M/s.Kamya Impex Pvt.Ltd. ...Defendants
And
M/s.Kamya Impex Pvt.Ltd.
Through its Directors/Managing Directors.
i)REKHA MAHINDRA DOSHI
ii) Gaurav Mahindra Doshi And
iii)Hasmukh Gordhandas Shah ...Judgment Debtor
Appearances:
Advocate Mr.Vivek Sharma for JD.
Advocate Mr.Rajiv Mehta for DH.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 1ST NOVEMBER 2019
ORDER
This application is for amendment of execution application.
2. Heard decree holder. Judgment debtor and his advocate absent.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
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OBEX.3 EXECU.APPLN.514/17 SUM.SUIT.698-14 2
POINTS FINDINGS
1.Whether the amendment is
necessary for determining the real
controversy between the parties?
Yes
2.What order ? As per final order
REASONS
AS TO POINT NOS.1 &2.
4. The decree holder has submitted that the material facts are
necessary to be brought on record as till date the execution of decree
has not been effectively executed.
5. The judgment debtor has filed reply to this application. According
to Judgment Debtor such amendment cannot be allowed.
6. From the record it seems that the amendment is necessary for
effective execution of t he decree which has been remained without
progress. If this application is allowed the proper facts will come on
record and the execution can be proceeded as per the law. Therefore,
point Nos. 1 is answered as 'Yes' and following order is passed.
ORDER
1. Application Exh.3 is allowed.
2. The decree holder shall carry out amendment as prayed.
4. Application Exh.3 is disposed of accordingly.
(M.S.LONE)
Judge,
Date: 01/11/2019 City Civil Court,Gr. Bombay
Dictated on : 01/11/2019
Transcribed on : 01/11/2019
Signed on : 02/11/2019
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OBEX.3 EXECU.APPLN.514/17 SUM.SUIT.698-14 3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06/11/2019 at 3.10p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
01/11/2019
Judgment/Order signed by P.O. on 02/11/2019
Judgment/Order uploaded on 06/11/2019
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