SUBHASH SOPAN SHEREKARVsDilesh Kumar Kantilal Makawana

Date: 02-02-2019
Business: Shri.  Ramesh Jain, Advocate for plaintiff present. Shri. Jain prays for issue of warrant of attachment u/o. XXI Rule 46 of CPC, without issue of notice as the present exe. Application is in continuation of earlier exe. Application no. 306/2018, wherein warrant u/o. XXI Rule 48 of CPC, has been issued on 24/09/2018, and the defendant has now retired from service. Hence, issue warrant as prayed for returnable on 24/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: Shri. Ramesh  Jain, Advocate for Plaintiff Present.  On request of Shri. Jain for submitting service report of warrant, adjd to 26/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Parties and Advocates absent. Record shows that the warrant u/o.XXI Rule 46 in the matter has been issued on 07/02/2019.  In view of this present Execution Application stands disposed off. It is made clear that though the Exe.Application is marked as disposed off, warrants issued in the matter will remain alive and the employer of the defendant to comply with the warrants till full satisfaction of Decree subject to provisions of Section 60 of CPC. Plaintiff will be at liberty to apply for Registrars Certificate and Payment Order from time to time till full satisfaction of Decree. Office of Sheriff of Mumbai to furnish certificate/report in respect of warrants of attachment every six months. Plaintiff is at liberty to take out Garnishee Proceedings, if necessary. Plaintiff is also at liberty to file fresh Exe.Application for the residual amount, if Decree is not satisfied within 12 years. Plaintiff shall apply for marking the Decree as fully satisfied upon receipt of entire decretal amount. Office of the Sheriff of Mumbai to act on the certified copy of this Order.
Nature Of Disposal: ALLOWED
Disposal Date: 26-08-2019

Main Case No: SUMMARY CIVIL SUIT/0100851/2016
Main Cnr: MHCC010050842016
Main Filing No: 113080

Filing Number: 101386/2019
Filing Date: 01-02-2019
First Hearing Date: 02nd February 2019
Decision Date: 26th August 2019
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI