Date: 30-01-2018
Business: Ms. Smita Chunekar, I/b. Mr. Y.B.Yagnik, Advocate for Plaintiff is present. None for Defendant.
As the undersigned was busy before Hon\''ble State Information Commissioner, Mumbai, in RTI Appeal matter, board at 12.30 p.m. postponed to 2.00 p.m. Ms. Chunekar applies for notice u/o. XXI r. 22 of CPC. Hence, issue notice u/o. XXI r. 22 of CPC and returnable on 12/02/2018.
Next Purpose: FOR___________________
Next Hearing Date: 12-02-2018
Date: 12-02-2018
Business: Ms. Smita Chunekar, I/b. Mr. Y.B.Yagnik, Advocate for Plaintiff is present. None for Defendant. Ms. Chunekar seeks time for issue of notice. Hence, adjourned to 26/02/2018.
Next Purpose: FOR___________________
Next Hearing Date: 26-02-2018
Date: 26-02-2018
Business: Ms. Smita Chunekar, I/b. Mr. Y.P.Yagnik, Advocate for Plaintiff is present. None for Defendant. Ms. Chunekar tendered the notice u/o. XXI r. 21 duly served upon Judgment Debtor, same is t.o.r and marked as Exh. 05 and prays for issuance of Warrant of Attachment u/o. XXI r. 43 and 54 of CPC against Judgment Debtor. Advocate for Plaintiff further states that the Decreetal amount will not be realised unless Warrant of Attachment for both, movable and immovable property u/o. XXI r. 43 and 54 of CPC, are issued. Hence, upon perusing the Affidavit, issue Warrant of Attachment u/o. XXI. r. 43 and 54 of CPC as prayed, returnable on 26/03/2018.
Next Purpose: FOR___________________
Next Hearing Date: 26-03-2018
Date: 26-03-2018
Business: Ms. Smita Chunekar, Advocate for Plaintiff Present. Mr. Lapashiya, Advocate for Defendant present. Ms. Chunekar submits that the warrant has not been executed for want of amendment. Mr. Lapashiya submitted Affidavit of Defendant objecting execution of warrant, the same is taken on record and marked as Exhibit No.8. Copy of the said Affidavit is served upon advocate for decree holder across the bar. Ms.Chunekar seeks time to file reply to the said Affidavit. As the warrant is objected and is still not executed, the same is kept in abeyance. Matter stands adjourned to 05/04/2018 for reply of Decree Holder.
Next Purpose: FOR___________________
Next Hearing Date: 05-04-2018
Date: 05-04-2018
Business: Ms. Smita Chunekar, I/b. Mr. Y. P. Yagnik, Advocate for Plaintiff is present. Ms. Ruby Warghat, Advocate for Defendant, present. Vakalatnama of Niranjan and Co., Advocates for Defendant, tendered by Ms. Warghat is t.o.r. and marked as Exh.9. Ms. Chunekar seeks time to file rejoinder. Hence, by consent adjourned to 09/04/2018.
Next Purpose: FOR___________________
Next Hearing Date: 09-04-2018
Date: 09-04-2018
Date: 20-04-2018
Business: Adv Smita Chulekar for plaintiff informed that there is no stay to the execution proceeding.
Adv Rubi Varkhad for defendant
Adjd to 06/07/2018 for E.A
Next Purpose: FOR___________________
Next Hearing Date: 06-07-2018
Date: 06-07-2018
Business: Plff. present Advocate for plff. present
Adv. for deft. present
unregistered ch/sum
Order - Time is extended to register ch/sum
Suit is adjd to 18.07.2018
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2018
Date: 18-07-2018
Business: Court is vacant.
Next Purpose: C/S REPLY
Next Hearing Date: 21-08-2018
Date: 21-08-2018
Business: Matter pertains to C.R. No.13.
Adv. Yagnik for Decree Holder present and filed drafted Ch/sum.is t.o.r. Leave is granted to register to Ch/sum. Returneable on 24.8.18 for tendering Ch/sum.
Next Purpose: C/S HEARING
Next Hearing Date: 24-08-2018
Date: 24-08-2018
Business: Matter pertains to C.R. No.13.
Adv. Yadnik for D/H present and submitted that, J/D present. She filed reply Ch/sum. 1506/18. She also submitted that, she want to settling the matter.
Short time granted for reply and settling the matter.
Adjd. to 07/09/18 for reply to Ch/sum. 1506/18.
Next Purpose: C/S REPLY
Next Hearing Date: 07-09-2018
Date: 07-09-2018
Business: Court is vacant.
Next Purpose: C/S REPLY
Next Hearing Date: 19-12-2018
Date: 19-12-2018
Business: Adv. Ruby Varkhad for JD present.
Adv. Yagnik for DH present.
Reply filed by Adv. for JD
Order passed below Chamber summons
1. Chamber Summons no. 1506/18 is allowed.
2. The D.H. is permitted to add the address of the J.D. for service of notice, warrant of attachment of movable and immovable properties of J.Ds.
3. D.H. to carryout necessary amendment within the limitation.
Adjd for compliance to 28/01/2019
Next Purpose: COMPLIANCE
Next Hearing Date: 09-01-2019
Date: 09-01-2019
Business: Adv. Yagnik for decree holder present.
Heard Adv. Yagnik for the Decree Holder.
F.R.S.R the following order is passed below CS 1506/18
ORDER
1. Chamber Summons No. 1506 of 2018 is allowed.
2. The Decree Holder is allowed to carry out the typographical error in the Chamber Summons correcting the name as Satosh S. Gupte.
3. The consequential correction is also carried out in order dtd. 19.12.2018.
4. D. H. to carry out necessary amendment in Chamber Summons accordingly.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: DH present.
Adv. Ruby Warghat for defendants present.
DH requested the court that he is 78 years old and has gone bypass surgery. Therefore short date be given as the defendant is trying to compromise the dispute.
The DH is a senior citizen and it is an execution proceeding. The suit was filed in the year 2008. Till date the DH is unable to get the fruits of the decree.
JD is directed to remain present on next date.
Adjd for compliance/further orders to 15/02/2019
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: DH and JD present.
Adv. Yogesh Yagnik for DH present.
Adv. Ruby Warghat for defendant present.
Adjd for compliance to 25/02/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-02-2019
Date: 25-02-2019
Business: Plaintiff present.
Defendant present.
Adv. Swapna Dhimae h/f Adv. Yogesh Yagnik for plaintiff present.
Adv. Ruby Warghat for defendant present.
JD told that he is giving cheque.
Adjd for compliance to 25/03/2019.
Later on
DH appeared and said that JD is giving a post dated cheque of one and half month.
JD is not ready to pay the amount to the DH.
The decree is for recovery of Rs. 30,00,000/- along with interest at the rate of 6 percent per annum from October 2008 till its realization.
The JD has not complied the decree i.e. the said amount was to be paid to DH within six months.
Now also JD is seeking time.
The roznama shows that sufficient opportunity is granted to the JD. Then also he is not paying the amount though always saying that he is ready to pay the amount.
DH is at liberty to take steps to recover the amount as per the decree.
Adjd for taking steps to 01/03/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: Adv. Yogesh Yagnik for DH present.
Adv. Lapazhiya I/b Niranjan and Co. for JD present.
Adjd for taking steps to 04/03/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2019
Date: 04-03-2019
Business: DH and JD present.
Adv. Yogesh Yagnik for DH present.
Adv. Cherim Lapazhiya I/b Niranjan and Co. for JD present.
Adv. for DH filed consent terms between the parties. O- The D.H and J.D are present. They have arrived at consent terms to pay the amount. Hence Read and recorded. The execution is fixed on 6th August 2019 for order at Exh- 1.
Adjd for order at Exh-1 to 06/08/2019.
Adjd for taking steps to 06/08/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: Decree holder Mr. Dinesh Keshavlal Shah present.
Proprietor of Judgment Debtor Mr. Satish Shankar Gupte present.
Adv. Mr. Yogesh Yagnik for decree holder present.
Adv. Mr. Cherin Lapazhiya i/b Niranjan and Co. for defendant present.
Mr. Dinesh Keshavlal Shah, the Managing Partner present a/w.
Exh- 2 The plaintiff/Decree Holder by application Exh. 2 seeks to withdraw the suit unconditionally. t.o.r.
O- Execution application allowed to be withdraw unconditionally without liberty to file fresh. As the execution application is withdrawn it stands disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 06-08-2019
