Date: 22-03-2018
Business: Adv. Mr. Sathale for plaintiff present.
None for defendant present.
Heard argument for plaintiff.
Judgment dictated and pronounce in open court.
Exh. - Judgment
F.R.S.R. following order is passed.
ORDER
1. Suit is ex-parte decreed with costs.
2. Defendants do jointly and severally pay to the plaintiff the amount of Rs.68,640/-(Rupees Sixty Eight Thousand Six Hundred and Forty only) with interest at the rate 18 percent p.a. from the date of filing of the suit till full and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
Disposal Date: 22-03-2018
Date: 05-04-2018
Business: Adv. Ms. D\''souza for DH.
Adv. Mr. Gharat for applicant. And file draft chamber Summons. Leave to register is granted.
Matter is adj. to 22/06/2018 for CH/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-06-2018
Date: 22-06-2018
Business: Adv. Disouza for D.H. present.
None for J.D.
Advocate for D.H. tendered the draft Chamber summons alongwith affidavit, TOR.
O Leave is granted to register the Ch/s.
Matter is adjd. to 10/08/2018 for Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-08-2018
Date: 10-08-2018
Business: Adv. Khokhawala for D.H. present.
Adv. Ajay Prajapati for Aplnt present and filed vakalatnama,
The advocate for D.H. has filed original Ch/s no.1084/18 alongwith affidavit, so also the D.H. has filed affidavit of service.
The advocate for D.H. has seeks time for filing reply on the Ch/s taken out by the Aplnt. Hence case is adjourn for reply.
Matter is adjd. to 11/09/2018 for Reply.
L.O.
Adv. Sandip Jangam for J.D. present and filed vakalatnama, TOR.
Next Purpose: C/S REPLY
Next Hearing Date: 11-09-2018
Date: 11-09-2018
Business: Adv. Khokawala for DH.
Adv.Shetty for JD.
On the oral request ld adv for Jd, case is adjourned for reply as a last chance.
Matter is adjd. 08/10/2018 to for c/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-10-2018
Date: 08-10-2018
Business: Adv. Nankani for D.H. present.
Adv. Sandip Jangam for J.D. present.
Adv. Andrews for Aplnt present.
Advocate for J.D. has submitted that reply is ready but J.D. is out of town, therefore he has requested for short adjournment. Case is adjourn for last chance.
Advocate for D.H. has submitted that D.H. has expired and he wants to file the application and he wants to file the application to bring his legal heirs on record,
K.B. / L.O.
Adv. Sandip Jangam for J.D. present.
Adv. Andrews for Aplnt present.
Adv. Ms. Disouza for D.H. present and filed vakalatnama, TOR.
She has filed draft Chamber Summons alongwith affidavit on record.
Order Leave is granted to register the Ch/s.
Matter is adjd. to 23/10/2018 for Reply and Hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 23-10-2018
Date: 23-10-2018
Business: Adv. Tania Disoua for Aplnt present.
Adv. Shetty for Defendant preesnt.
None for D.H.
Advocate for Aplnt has filed original Chamber Summons no.1889/18 alongwith affidavit, TOR.
Read the Chamber Summons no.1889/18. Heard.
It appears that D.H. is died on 10/09/2018, leaving behind him to the Aplnts as her legal representative. Hence for the continuation of the execution proceeding it is just and desirable to bring the legal representative of D.H. on record. Hence legal heirs of the deceased D.H. be impleaded in the execution proceeding on or before the next date. Ch/s no.1889/18 is disposed of accordingly.
On the oral request of the advocate for J.D. case is adjourn for reply to the Ch/s no.1084/18.
Matter is adjd. to 30/11/2018 for Reply and Amendment.
Next Purpose: C/S REPLY
Next Hearing Date: 30-11-2018
Date: 30-11-2018
Business: Adv. H. H. Khokhawala for D.H. present.
Adv. Andrews for Aplnt/Intervener present.
On the oral request of the advocate for D.H. time is extended to bring the legal heirs of deceased D.H. on record on next date.
Matter is adjd. to 20/12/2018 for Reply to the Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Business: Adv. Dessoja for DH present.
Adv. Gharat For applicant present.
Matter is adj to 23/01/2019 for reply to the CH.s
Next Purpose: C/S REPLY
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Adv. Tania Disouza for D.H. present.
Adv. Shetty for J.D. present.
Adv. Andrews for Aplnt present.
Advocate for Aplnt has filed registered Ch/s no.1920/18 alongwith affidavit, TOR.
Copy is served to the otherside.
The Adv. for J.D. has filed application for withdrawal of his appearance, TOR.
Order Seen and filed.
The advocate for D.H. requested for grant of time to file reply to Ch/s hence,
Matter is adjd. to 15/02/2019 for Reply to Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: Adv. Kanchan Agarwal for D.H. present.
Adv. Andrews for J.D. present.
On the oral request of the advocate for D.H.,
Matter is adjd. to 01/03/2019 for Filing reply to the Ch/s as last chance.
Next Purpose: C/S REPLY
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: Adv. Taniya Disouza for D.H. present.
Adv. Andrews for Aplnt present.
None for J.D.
The advocate for D.H. has requested for grant of time to file the reply on ch/s no.1920/18.
Order Time is granted as last chance.
Matter is adjd. to 22/03/2019 for Reply and Hearing.
Next Purpose: HEARING
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Adv for plaintiff Mr.Andrews present
Adv for decree holder Ms.Divya Shetty present
Adv for plaintiff submitted reply to interveners application
Matter is Adjd for Hearing C/S to 16/07/2019
Next Purpose: C/S HEARING
Next Hearing Date: 16-07-2019
Date: 12-09-2019
Business: Adjd to 13/9/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: Adv. Taniya D\''souza for DH present.
None for JD.
Affidavit of service filed by plaintiff. t.o.r.
It shows that the order passed below Ch/s 1084/18 is served upon JD. Till date JD has not complied with the order.
KB
LO
At 3.50 p.m.
Exh.2- Application to serve order passed in ch/s no.1084/18 dated 16.07.2019 to JD through paper publication.
From the record it can be seen that DH has tried his level best to serve the order dated 16.07.2019 on JD but it was not properly served. By that order JD is directed to furnish details of all her movables and immovable properties. Therefore, it is necessary that JD should have knowledge of that order. Her advocate is also not appearing in this matter since long. Therefore, application is allowed as prayed.
The copy of order shall be served on JD through paper publication.
Adjd. to 14.11.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Nankani for DH present.
Affidavit of compliance filed by DH.
Adjd. to 13.12.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Ms. Taniya D\''souza present for the plff/DH.
None present for the Deft/JD
Ld counsel for the plff filed affidavit of service with extract of news paper publication. t.o.r.
Adj. For Steps on 14/02/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Adv. Taniya for DH filed Draft Ch/s @ affidavit.
None for JD.
The record reveals that, JD has not been appearing in the matter. The order dtd.16.07.2019 directing the JD to file an affidavit stating the details of her movable and immovable properties, was also served on the JD by newspaper publication, and also by whatsapp service. Still the JD did not appear and disclose the properties owned by her. she disobeyed the order directing her to make affidavit stating particulars of the properties owned by her. It appears that the JD is avoiding execution of the decree. In these circumstances, it will be just and proper to allow the present Chamber summons directing detention of the JD in civil prison for a term not exceeding 3 months. Hence, it is hereby ordered that the JD be detained in civil prison for a term not exceeding 3 months. The DH shall deposit requisite subsistence allowance and necessary charges if any. Upon deposit of the subsistence allowance and necessary charges if any by the DH, issue warrant of arrest for detaining the JD in civil prison for a term not exceeding 3 months. The chamber summons is disposed. The Chamber summons be registered for statistical purpose.
Adjd to 18-04-2020 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv. Dsouza for DH.
None for defendant
Adjd to 09-04-2021 for service
Adv for plaintiff file application on behalf of DH for arrest
warrant against the JD. t.o.r.
Already Adjd to 09-04-2021 for order.
Next Purpose: ORDER
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: As per office order 64 of 2021.
Next Purpose: ORDER
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv Divya for DH Present.
Adv Patil for JD present.
Matter is adjd to 22-12-2021 Exh- 2 reply. @ NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. Taniya D\''Souza for D/H present.
None for JD.
Adjourned for 6.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: None for DH.
Adv. Mr. Dhiraj Rathod for the JD is present.
Matter is adjd. to 16/03/2022 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Dsouza for DH present.
Adv. Dhiraj Rathod for JD/Applicant.
KB
Later on
On the request of both advocates.
Matter is adjd. for NM argument to 30-03-2022.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Advocate Mr. H.S. Khokawala DH present.
Advocate Mr. Dhiraj Rathod for JD present.
Matter is adjd. for NM argument to 13-04-2022.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Advocate Mrs. Khokawala with advocate D\''souza for DH present.
Advocate Mr. Dhiraj Rathod for JD present.
kb
Later on
Ch/s. No. 322/2020 is already disposed on 14-02-2020. Therefore, the Ch/s. No. 322/2020 is remove from CIS.
Heard NM argument of both side.
Matter is adjd. NM Order to 26-04-2022.
Next Purpose: NM ORDERS
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Advocate Mr. for DH present.
None for JD.
kb
None present.
kb
Later on
Court is busy in RE in Suit NO. 6453/2006 and order in Bail Application in Session Case No. 224/2021.
Due to paucity of time.
Matter is adjd. for NM order to 06-06-2022.
Next Purpose: NM ORDERS
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: Adv. H.S. Khokawala for D.H. present
None present for J.D.
Adjd to 21/06/2022 for re-arguments of N.M
Next Purpose: NM ARGUMENTS
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: P.O. is on leave.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: As court is vacant.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: As court is vacant.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: As court is vacant
Next Purpose: NM ARGUMENTS
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: As court is vacant
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Adv. Hukawala for DH / respondent present.
None for JD.
Matter Adjd for Hearing on 24/04/2023.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: As court is vacant.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: Adv.Bhakti Jain present for DH.
None present for JD.
Put up for NM dismissal on next date.
Matter stands adjourned for NM dismissal on 11-09-2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: None present.
KB.
L.O. at 3.12 pm.
Adv. Taniya Desouza present for DH.
Adv.Ashwini Bhalerao present for JD, tendered undertaking to tender the VP TOR marked as Exh.3 on next date and tendered application to change the caption TOR marked as Exh.4.
The DH tendered application for direction TOR marked as Exh.5.
Heard The counsel of DH it is pointed out that as per Rozanama dated 14-02-2020 the warrant of civil prison was issued against the JD on depositing the substitution amount, however at that time the JD was residing at Airoli, Navi Mumbai, Now the JD is residing at New address mentioned in NM 1125/200 filed by JD, therefore the DH prayed for issuance of warrant of civil prison on address given in Notice of Motion, hence, issue warrant of detention civil prison as per the new address mention in the Notice of Motion in compliance of order dated 14-02-2020.
Matter stands adjourned for compliance on 21-11-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Adv.Taniya Dsouza present for DH.
None present for JD.
Heard.
The counsel of DH submitted that the protection from arrest of a woman as per the Section 56 of CPC is not absolute and liable to undergo the same process as any other JD. She is relying on Judgment passed Honble Punjab and Haryana High Court in case of Soniya Ahuja V/s Kripal Singh and Ors.reported in MANU/PH/2113/2023 2023/THSC/120798. The facts of cited case and the present case are similar. In the cited case in default of disclosure of assets under Rule 41 of Order 21 of CPC, woman Judgment Debtor was sentenced to undergo civil imprisonment for one month and warrant of attachment was issued. When matter bent up to Honble High Court, the Honble High Court has upheld the order of issuing arrest warrant against the woman Judgment Debtor.
In the instant case also the JD was ordered to be detained in civil prison for 3 months in consequent to disobedience of Rule 41 of Order 21 of CPC and warrant was issued. Considering the observations in the cited case I am of the view of that the arrest warrant could be issued against a woman JD. Hence, warrant be issued against the JD as per Order in Roznama dated 14-02-2020. The Department to comply the order.
Matter stands adjourned for compliance on 11-01-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-01-2024
Date: 11-01-2024
Business: None present.
Matter stands adjourned for compliance on 28-03-2024.
L.O at 12.15 pm.
Adv. Aryaman Ghag present for DH, tendered extension application
for execution of warrant TOR marked as Exh.6. O-Granted.
None present for JD.
Matter stands adjourned for compliance on 28-03-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: Adv. Bhakti Jain present for Decree Holder. Seeking extension of time to execute of warrant. Time is granted.
None present for Judgment Debtor.
Matter stands adjourned for compliance on 08-07-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: Adv. Prajakta Sawardekar for decreeholder present. She tendered application for extension of execuation of warrant as per the roznama dated 21.11.2023. TOR. Exh.07.
O-Granted.
None present for judgment debtor.
Matter stands adjourned to 12.09.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-09-2024
Date: 12-09-2024
Business: As the presiding officer is on leave, hence, matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2024
Date: 07-11-2024
Business: Adv. Prajakta Sawardekar a/w Karan Parmar present for Decree Holder, tendered application for extension of time TOR marked as Exh.08. O- granted.
None present for Judgment Debtor.
Matter stands adjourned for compliance on 30-01-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2025
Date: 30-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2025
Date: 24-03-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2025
Date: 10-06-2025
Business: As court is vacant. Hence, matter
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2025
Date: 23-07-2025
Business: Adv. Vishwa Shah Decree Holder present tendered application for extension of arrest warrant Taken on record marked as Exh-09.
In view of settlement talks are going on between parties.
None for defendant.
Matter stands adjourned to 15 .09.2025 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-09-2025
Date: 15-09-2025
Business: None Present.
Kept back.
Later on at 11.45 am
Adv. Vishwa Shah present Decree Holder, tendered pursis and application for extension TOR marked as Exh.10 and Exh.11.
None present for Judgment Debtor.
Matter stands adjourned to 24-11-2025 for.
Next Purpose: FOR___________________
Next Hearing Date: 24-11-2025
Date: 24-11-2025
Business: None present.
Kept back.
Later on at 12.15 pm.
Adv. Vishwa Shah present for Decree Holder, tendered application for issuing arrest warrant against the Judgment Debtor on new address TOR marked as Exh.12 Judgment Debtor is a woman. The decree under execution is a money decree. As per section 56 of CPC warrant of arrest cannot be issued against the woman Judgment Debtor. Therefore, application Exh.12 stands rejected. Earlier order of arrest warrant is recalled as against the provision of law.
None present for Judgment Debtor.
Matter stands adjourned to 28-01-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-01-2026
Date: 28-01-2026
Business: Adv. Vishwa Shah i/b Nankani and Associates Decree Holder and pointed out that Rev. Application 9/2026 is filed against the order of my ld. Predecessor dated 24-11-2025 and the said review is posted on 02-03-2026 hence, Rev. Application is preponed on today's date as Ld. Advocate for the Decree Holder intends to file her affidavit of service showing postal remarked of the addressee of the Judgment Debtor. Hence, Review Application is posted alongwith this E.A. on next date.
Advocate for Decree Holder tendered affidavit of service TOR marked as Exh.
It is further appraised that ld. Of Decree Holder is that today at Sr. No.21 the Notice of Motion 1125/2020 in disposed suit No.3562/12, however, since long none appeared in Notice of Motion taken out by the Judgment Debtor.
None present for Judgment Debtor.
Matter stands adjourned to 30-01-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-01-2026
Date: 30-01-2026
Business: None present for Decree Holder.
Adv. Prajakta Savardekar i/b Nankani Associates Judgment Debtor pointed out 09/2026 was listed on 02-03-2026. Therefore, it was preponed on 28-01-2026 so as to keep the same said Petition with the present E.A. However, it is not reflected on today. Hence, staff is directed search and kept on same date as Review
Matter stands adjourned to 16-02-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2026
Date: 16-02-2026
Business: P. O. is on leave. Hence, matter is adjd to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2026
Date: 02-03-2026
Business: Decree Holder and Judgment Debtor are absent.
Adv. Prajakta Sawardekar i/b Nankani and Associates present for Decree Holder she apprised that in the previous roznama her name has been reflected as advocate of Judgment Debtor instead of Decree Holder.
None present for Judgment Debtor.
Matter stands adjourned to 27-03-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-03-2026
Date: 27-03-2026
Business: As court is busy in recording evidence in Suit No.6033/05, 6032/05 5985/05 and Suit No.5986/05 hence, rest of the board stands discharged.
Matter stands adjourned to 17-04-2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2026
Date: 17-04-2026
Business: P.O. is on leave. Hence, matter is adjd to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-04-2026
Date: 25-04-2026
Business: DH and JD absent.
Adv. I. J. Nankani for DH is present.
None for JD.
Heard the Ld. advocate for DH who appraised that the warrant of arrest issued by the Court was again called back being JD is a lady/woman. However, the order of arrest came to be passed for the non-compliance order of the Court. Therefore, prayed to issue again fresh arrest order against JD for the compliance of the order of the Court.
Since, long JD and his advocate are absent. Hence, NM 1125/2020 taken out by JD through LD. advocate D. K. Rathore came to be dismissed on 28.01.2026. Thereafter, JD and advocate are absent hence, appropriate order would be passed in accordance with the law if JD and advocate present before court today and review application No.09/2026 for review of the order of arrest warrant which was called back will be disposed of in merits.
Matter stands adjourned to 20.07.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 20-07-2026
Date: 20-07-2026
Business: Adv. Hugefa Khokawala present through V.C. a/w Prajakta Sawardekar i/b Nankani and Associates for J.D./Petitioner.
Matter stands adjourned to 05.08.2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-08-2026
Date: 05-08-2026
Business: P.O. is on leave. Hence, matter is adjd to
Next Purpose: HEARING
Next Hearing Date: 24-08-2026
Date: 24-08-2026
Business: Adv. Prajakta Sawardekar i/b Nankani and Associates for Decree Holder.
Decree Holder and Judgment Debtor are absent.
On last date advocate for Decree Holder filed pursis at Exh.02 citing three addresses of Judgment Debtor. However, this pursis is not reflected in roznama. Notices may be issued to the Judgment Debtor on the addresses cited in the pursis through bailiff.
Matter stands adjourned to 21-09-2026 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-09-2026
Date: 21-09-2026
Business: Adv. Prajakta Sawardekar for Decree Holder present.
Report of service is not received matter adjourned for service.
Matter stands adjourned to 30.10.2026 for service.
Next Purpose: SERVICE
Next Hearing Date: 30-10-2026