MS INDIAN FABNRIC CO.VsDHAIRAP J. SHAH

Date: 17-04-2018

Date: 29-06-2018
Business: Adv. Paras Vira for D.H. present.
None for J. D.
D. H. has filed application for issuance of arrest warrant against the J.D.
Hence issue showcause notice to the J.D. as to why the arrest warrant should not be issued against him in the abovesaid execution proceeding.
Matter is adjd. to 07/08/2018 for Return of notice.
Next Purpose: REPORT
Next Hearing Date: 07-08-2018

Date: 07-08-2018
Business: Adv. Kiran Rawal for Plaintiff present.
None  for Defendant
Advocate for plaintiff has filed application for extension of time to serve the notice upon J.D.
O - Time is extended.
Matter is adjd. to 26/09/2018 for Service report.
Next Purpose: REPORT
Next Hearing Date: 26-09-2018

Date: 26-09-2018
Business: Adv. Paras Vira for D.H. present.
None for J.D.
Advocate for D.H. has filed application for issuance of fresh writ of summons upon the J.D.
Order  Read. Heard. Issue fresh Notice upon the J.D. through Court bailiff.
The advocate for D.H. has also filed application for extension of time for warrant of attachment for movable and unmovable.
Order  Read, heard, time is extended for one year from today.
Matter is adjd. to 07/12/2018 for Report.
Next Purpose: REPORT
Next Hearing Date: 07-12-2018

Date: 07-12-2018
Business: None for Plaintiff
None for Defendant
Matter is adjd. to 17/01/2019  for Report.
Next Purpose: REPORT
Next Hearing Date: 17-01-2019

Date: 17-01-2019
Business: Adv. Paras Vira for D.H. present.
None for J.D.
Matter is adjd. to 31/01/2019 for Report.
Next Purpose: REPORT
Next Hearing Date: 31-01-2019

Date: 31-01-2019
Business: Adv. Paras Vira for D.H. present.
None for J.D.
Advocate for D .H. has filed affidavit of service, TOR.
Due to paucity of time,
Matter is adjd. to 16/02/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 16-02-2019

Date: 16-02-2019
Business: Adv. Paras Vira for D.H. present.
None for J.D.
Court is busy in dictating Judgment  in Su no.3846/08 and other matter hence, due to paucity of time,
Matter is adjd. to 06/03/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Business: Adv. Kiran Rawat for D.H. present.
None for J.D.
Court is busy in recording evidence and other order matter hence due to paucity of time,
Matter is adjd. to 25/03/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Business: None present
Matter is Adjd for Argument to 30/04/2019
Next Purpose: ARGUMENTS
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: Adv for DH Mr.Paras Vira present
Heard argument of Adv for DH on the application for issuance of arrest warrant
No argument by Judgment debtor
Matter is Adjd for Further Argument to 11/06/2019
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Adv for DH Ms.Vira present
O-It appears there is no notice issued against JD to show cause, why he should not be arrested.  Therefore, issue notice against JD as per order dated 29/06/2018.
Matter is Adjd for Affidavit of Service to 24/07/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Adv.Parqas vira for plaintiff
Ex.3-Affidavit of service of show cause notice for warrant of
arrest. The Hamdust service is made upon J.D.
Adj for Hearing on 14/08/2019
Next Purpose: HEARING
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: P.O is on training. Adjd to 13/9/19
Next Purpose: HEARING
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: None present.
KB
LO
Adv. Parasvira for DH present.
None for JD.
Affidavit of service Exh. 3 shows that the notice for warrant of arrest has been served on JD but he is absent. This is money decree and JD has not paid any amount till date. Therefore, issue warrant of arrest under O. 21. R. 30 of CPC subject to payment of subsistence allowance. The execution department to comply with the provisions of rules and regulations about the arrest. Adjd. to 13.11.2019.
Next Purpose: HEARING
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Adv. Paras Vira for DH present.
Adv. Pawar for JD Present.
Application filed by adv. for DH. t.o.r.
KB
LO Same appearance
Bailiff report filed by DH. t.o.r.
Heard Ld adv. on behalf  of DH. Adv. Pawar is present who is submitting that he is holding for adv. Tripathi, adv. for JD. Ld. Adv. Shri. Pawar submitted to adjourn the matter. However, already warrant of arrest was issued. Even show cause notice prior to that was issued. In this circumstances it will not be proper to simply adjourn the matter at the request of JD. The arrest warrant be re-issued/the returnable date is extended.
Assistance of police officer is granted at the cost of the DH.
Adjd. to 19.12.2019 for return of warrant of arrest.
Next Purpose: HEARING
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. Vira for DH present and she filed application for extension of returnable date of warrant. Allowed.
None for defendant present.
Matter adjd to 05/03/2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Adv. Paras vira for DH.
Adv. Girish pawar for JD.
Exh.4  Original warrant report.
Exh.5- Application for permission to execute the arrest warrant through Pl Stn.
Heard. The report dtd.10.02.2020 filed by bailiff and clerk with Exh.4 shows that when the bailiff had been to execute the warrant of arrest, the JD was not found and his wife told that the JD is out of mumbai. She did not specify as to when he will return. It seems that the JD is avoiding execution of warrant through bailiff. In the background, it is just and proper to provide police assistance for execution of the arrest warrant. Hence, issue the arrest warrant with the assistance of police. The DH to bear the costs of police assistance.
Adjd for report of warrant to 28-04-2020
Next Purpose: REPORT
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: None present
Adjd to 09-03-2021.
Next Purpose: REPORT
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Adv. Vira for DH
None for JD.
On request of DH time is extended for arrest warrant with the assistance of police.
Adjd for report to 03-05-2021
Next Purpose: REPORT
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: dv Paras Vira for DH
None for JD.
Advocate for DH filed application for extension of returnable date of arrest warrant and permission to execute arrest warrant through Malad (West) Police Station.
O- Only date is extended D.H. to argue on the prayer of police help.
Matter is adjd to 08-12-2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Adv. Mr. Paras Vira for DH present.
None for JD.
Court busy in dictating Judgment in SU 1233/2014 and NM No.4559/2018. Therefore, matter is adjourned.
Matter is adjd. to 10/12/2021 for order on application at Exh.5.
Next Purpose: ORDER
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Advocate  for plaintiff present.
In view of roznama dtd. 05.03.2020 and contents at Exh. 05 permission is granted to execute earlier warrant as per record through Malad Police Station. The DH to bear necessary charges for police protection.
Matter is adjd. 20/01/2022 to for report.
Next Purpose: REPORT
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to 11/03/2022.
Next Purpose: REPORT
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Adv. Paras Vira for plaintiff present.
None for defendant.
Exh.6-He filed application for extension of returnable date of arrest warrant and permission to execute arrest warrant through Malad Police Station. TOR O-allowed.
Matter is adjd. for report to 07-04-2022.
Next Purpose: REPORT
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Advocate Mr. Paras Vira for DH present.
None for JD.
She filed application for extension of returnable date of arrest warrant and permission to execute arrest warrant by the office of the Sheriff of Bombay with the help of Malad (West) Police Station. TOR O-allowed.
Matter is adjd. for service report to 25-07-2022.
Later on at 4.45 p.m.
Report of arrest warrant is received.
Next Purpose: REPORT
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: As court is vacant.
Next Purpose: REPORT
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: As court is vacant
Next Purpose: REPORT
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: As court is vacant
Next Purpose: REPORT
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: As court is vacant
Next Purpose: REPORT
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 05-06-2023

Date: 05-06-2023
Business: None present.
L.O. At  3.40pm
Adv. Tripathi present for respondent and he filed pursis TOR marked at Exh. 7.
 The counsel submitted that the matter is settled before Hon\''ble High Court, as decree holder is absent since long. As put up for dismissal on next date.
Matter Adjd for Dismissal  on 01-08-2023.
Next Purpose: DISMISSAL
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: None present.
KB.
L.O. at 5.00 pm.
None present.
Matter stands adjourned for dismissal on 25-09-2023.
Next Purpose: DISMISSAL
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: None present.
KB.
L.O. at 3.05 pm.
Adv. Paras Vira present for DH, filed pursis TOR marked as Exh.8.  Considering the submission EA No. 70/2016 stands disposed of as settled. Proceeding is closed.
None present for JD.
Nature Of Disposal: OTHERWISE
Disposal Date: 25-09-2023

Main Case No: SUIT/0102885/2013
Main Cnr: MHCC010001212013
Main Filing No: 111447

Registration Number: 100070/2016
Transfer Date: 29-06-2018
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 28 - COURT 28 ADD SESSIONS JUDGE

Registration Number: 100070/2016
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Filing Number: 101204/2018
Filing Date: 28-01-2016
First Hearing Date: 17th April 2018
Decision Date: 25th September 2023
Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE