N.M. GADGEVsSANJEEB N. SHARMA

Date: 27-03-2018

Date: 02-04-2018
Business: None present
Assigned to this Court today.
Already adjd to 04/04/18 for hearing.
Next Purpose: FOR___________________
Next Hearing Date: 04-04-2018

Date: 04-04-2018
Business: Adv. Batavia for plaintiff present and requested for time
K.b.
Adjd to 06/06/2018 for E.A.
Next Purpose: FOR___________________
Next Hearing Date: 06-06-2018

Date: 06-06-2018
Business: Adv Bataviya for applicant present and filed application for production of documents for valuation purpose.
Order - Only production of document is allowed.
Adjd to 10/08/2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-08-2018

Date: 10-08-2018
Business: Court is vacant.
Next Purpose: HEARING
Next Hearing Date: 25-09-2018

Date: 25-09-2018
Business: Court is vacant.
Next Purpose: HEARING
Next Hearing Date: 17-11-2018

Date: 17-11-2018
Business: Court is vacant.
Next Purpose: HEARING
Next Hearing Date: 26-02-2019

Date: 26-02-2019
Business: Adv. Sagar Batavia for Applicant present.
Adjd for arguments to 06/03/19.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Business: Adv. Batavia for DH present.
Adjd for taking steps to 05/04/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Adv. Sagar Bataria for applicant is present.
Case is adjourned to 17.06.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Adv. for DH present.
Adjd for taking steps to 18/07/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: PO is on training. Hence board is discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: BY PRECIPE O- Allowed to take on board
Adv. Sagar Batavia for DH present and stated that the commissioner will execute the proclaimation of the property to execute the claim of third party which the DH has attached and he will not be able to get the fruits of the decree.  The suit is fixed on 05/11/2019 it is a longer date and requested to pre-pone it. Hence the Execution proceeding is preponed considering the urgency to 03/10/2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: Adv. S. P. Batavia for DH present and filed an  application for allowing the service. O- Advocate to argue.
Adjd for taking steps to 05/10/2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: Adv. S. P. Batavia for DH present.
The compliance of statement of sale as per para 421 of Civil Manual is not complied. Unless statement of sale is filed the attached property cannot be allowed to be sold. Hence plaintiff to comply para 421 of Civil manual.
Adv. for plaintiff requested that the execution application is not served to the defendant. The same be served to the defendant.
Exh- 2 The application is filed by Adv. for plaintiff. Today the affidavit in support of the application is filed. The plaintiff on oath stated that the defendant is residing in the address shown in the title of the execution petition. Hence issue notice to JD  of the execution under Order 5 Rule 17 of CPC.
Exh- 3 Adv. for plaintiff filed an affidavit along with application. Tor.
Adjd for taking steps to 19/10/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Adv. Mr. Batavia for plaintiff
Adv. for defendant absent.
Affidavit of service filed by D.H.
J.D. is absent.
Matter is adjd for service of notice on 22.10.2019
Next Purpose: SERVICE
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: Adv. Mr. Sagar Batavia for plaintiff present.
Adjd for hearing to 24/10/2019
Next Purpose: HEARING
Next Hearing Date: 24-10-2019

Date: 24-10-2019
Business: Court is on half day leave
Adjd for hearing to 06/11/2019
Next Purpose: HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. S. P. Batavia for DH present.
Adv. for DH filed statement of sale.
Adjd for hearing to 23/11/2019.
Next Purpose: HEARING
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Business: Adv. S. P. Batavia for plaintiff present.
Exh-4 Adv. for plaintiff filed an application. O- Perused application. Heard advocate for DH. The JD failed to appear and pay the decreetal amount. The DH has filed the statement of sale. Hence the property described in the statement of sale is to be sold as per Order 21 Rule 64 and the proceeds of sale is to be paid to the DH. Hence issue proclamation of sale under order 21 Rule 66 of Civil Procedure Code by public order.
Adjd for hearing to 09/01/2020
Next Purpose: HEARING
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Sagar Batavia for DH is present.
Adv. for plaintiff requested for extension of time for proclamation. O- Time extended to comply the proclamation of sale under roznama dt. 23.11.2019
Adjd for hearing to 27/03/2020.
Next Purpose: HEARING
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: BY PRECIPE O- Not allowed as there is no urgency.
Adv. Sagar Batavia for DH present.
Keep on regular date.
Already adjd to 27/03/2020.
Next Purpose: HEARING
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Next Purpose: HEARING
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Next Purpose: HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
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: HEARING
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Adv. Sagar Batavia for plaintiff/DH present.
None for defendant/JD.
Today matter is for hearing.
Perused order dated 23-11-2019 passed on application Ex.04. Hence, time extended till next to comply the said order.
Matter adjd for compliance of order dated 23-11-2019 passed below application Ex.04 to 12-03-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Adv. Sagar Patvia for applicant present
KB 4.00p.m.
LO at 4.45p.m.
Perused order dated 23-11-2019 passed on application Ex.04. Hence, time extended till next to comply the said order.
Matter adjd for compliance of order dated 23-11-2019 passed below application Ex.04 to 29-04-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation.  As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded.  As per Clause No. 4  of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: Adv. Sagar Vatavia for DH/plaintiff present.
None for JD/defendant.
KB L.O. at 3.47 pm
Ld Adv for DH/plaintiff tendered draft Notice of motion along with affidavit t.o.r. O- Leave granted.
Matter adjd for tendering original registered NM along with affidavit to 28-08-2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-08-2021

Date: 28-08-2021
Business: Adv. Batavia for DH/plaintiff present.
None fo defendant.
Matter adjd for tendering original registered NM along with affidavit to 21-09-2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Adv. Sagar Batavia for plaintiff present.
None for defendant/JD.
Ld adv for plaintiff/DH tendered original registered NM no. 1720 of 2021 along with affidavit t.o.r.
Matter adjd for steps to 26-10-2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Adv. Sagar Batavia for DH present.
None for JD.
Ex. 5 Application for publication.
Order - Perused bailiff report annexed with Notice of Motion No.  1720 of 21.  The JD is not served with ordinary notice. Hence, issue notice under O-V, R-20 by way of publication.  Application Ex. 5 is allowed accordingly.
Matter adjd for Service affidavit to 20.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2021

Date: 26-10-2021
Business: Adv. Sagar Batavia for DH present.
None for JD.
Ex. 5 Application for publication.
Order - Perused bailiff report annexed with Notice of Motion No.  1720 of 21.  The JD is not served with ordinary notice. Hence, issue notice under O-V, R-20 by way of publication.  Application Ex. 5 is allowed accordingly.
Matter adjd for Service affidavit to 20.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: PO is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Business: Adv. Mitali Bhat/DH for plaintiff present.
None for defendant/JD.
Ld adv for plaintiff tendered draft Chamber summons.
Leave granted.
Matter Adjd for tendering original registered CS to 25.03.2022.
Judge
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Adv. Batavia for plaintiff /DH present.
None present for defendant/JD.
Matter Adjd for tendering registered CS on 18/06/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: Adv. Sagar Batavia for plaintiff/DH present.
Adv.  for defendant/JD present.
Ld. Adv. For plaintiff tendered original registered CS No.309/2022.
Order below Chamber summons No.309/2022
Order - Perusal of record shows that, the defendant is not served by way of ordinary summons. Hence issue writ of summons by way substituted service by paper publication. Chamber summons is disposed off accordingly.
Matter Adjd for service affidavit on 18/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: By Praecipe
Adv. Sagar Batavia for plaintiff/DH present.
None present for defendant.
Exh.06 - Application for taking matter on today\''s board. O-Allowed to take matter on todays board.
Exh.07 - Application for modification of order on dt 18.06.2022
Order - Allowed. The order dt.18.06.2022 is modified.
Issue paper publication for service of notice of motion no.1720/21.
Matter  already Adjd for report on 18/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Batavia  for plaintiff present.
None present for defendant/JD.
Time sought.
Matter Adjd for service affidavit on 17/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: P.O. is on leave in 2nd session.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Adv. Sagar Batavia for plaintiff/DH present.
None present for defendant.
On the oral request by Ld. Adv. for plff, time is extended for compliance of order dt.18.06.2022.
Matter Adjd for service affidavit on 11/04/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-04-2023

Date: 11-04-2023
Business: Adv. Ayesha Singh h/f S P. Batavia for plaintiff/DH present.
None present for defendant/JD.
Matter Adjd for affidavit of service on 03/07/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: P.O. is on Leave. Hence, matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: P.O is on leave.
Hence, matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: P.O. is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: CORAM -H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 15)
Matter pertains to Cr. No.13
Not on board taken on board.
Commissioner certificate received from Commissioner for Taking Accounts, High Court, Bombay. Taken on record and marked at Exh.8.
Matter is already adjd to 19.01.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-01-2024

Date: 19-01-2024
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: As court is vacant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Business: Court is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-07-2024

Date: 22-07-2024
Business: None present.
Matter is adjourned to 18.10.2024 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: None present.
Matter is adjourned to 06.01.2025 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-01-2025

Date: 06-01-2025
Business: P. O is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2025

Date: 21-02-2025
Business: Adv. S. D. Bhoved for DH present.
Matter is adjourned to 13.06.2025 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-06-2025

Date: 13-06-2025
Business: None present.
Matter is adjourned to 05.08.2025 for Affidavit of service .
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-08-2025

Date: 05-08-2025
Business: None present.
Matter is adjourned to 20.09.2025 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-09-2025

Date: 20-09-2025
Business: None present.
Matter is adjourned to 01.11.2025 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-11-2025

Date: 01-11-2025
Business: None present.
Matter is adjourned to 15.12.2025 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2025

Date: 15-12-2025
Business: None present.
Matter is adjourned to 09.01.2026 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-01-2026

Date: 09-01-2026
Business: None present.
ORDER BELOW EXH.01
The compliance of order dt.06.07.2022 is not complied with by DH till today. The report Exh.08 of Commissioner for Taking Accounts, High Court, Bombay is received on 04.12.2023, wherein, it was informed that due to absence of DH and his advocate the same was removed from file U/R. 266 of the Bombay City Civil and Sessions Court Rules, 1948. Inspite of it no any steps taken by DH.  Hence, the E.A No.429/2021 is dismissed for want of steps. As E.A is  dismissed the NM No.1720/2021 becomes infructuous and disposed of accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 09-01-2026

Main Case No: SUMMARY CIVIL SUIT/0100176/2015
Main Cnr: MHCC010002522015
Main Filing No: 113080

CHAMBER SUMMONS/100309/2022

Registration Number: 100429/2017
Transfer Date: 28-03-2018
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 13 - COURT 13 ADDL SESSIONS JUDGE

Registration Number: 100429/2017
Transfer Date: 01-01-2024
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 83 - judge 904

Filing Number: 100803/2018
Filing Date: 04-10-2017
First Hearing Date: 27th March 2018
Decision Date: 09th January 2026
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE