ALLAHABAD BANK New Bank Name Indian BankVsM S ELITE CONSTRUCTION +5 more

Date: 21-02-2018
Business: Ms. Jayashri Kudale, I/b. M/s. Das Asso., Advocate for Plaintiff present.  None for Defendant.  It is pointed out to Ms. Kudale that the present Execution Application is filed after 2 years of passing of Decree.  Hence, Ms. Kudale prays for issue Notice u/o. XXI, r.22 of CPC.  Hence issue notice returnable on 21/03/2018.
Next Purpose: FOR___________________
Next Hearing Date: 21-03-2018

Date: 21-03-2018
Business: Ms. Jayashree Kudale, Advocate for Plaintiff, present. None for defendant. Ms. Kudale seeks time to file affidavit of service. Hence on her request adjourned to 02/04/2018
Next Purpose: FOR___________________
Next Hearing Date: 02-04-2018

Date: 02-04-2018
Business: Mr. Vijay Mangarule, Advocate for Plaintiff present. On request of Shri. Mangarule, Adjourned to 25/04/2018 for completing service.
Next Purpose: FOR___________________
Next Hearing Date: 25-04-2018

Date: 25-04-2018
Business: Miss. Jayshree Kudale, Advocate for Plaintiff present. On request of Miss Kudale for filing affidavit of service adjourned to 13/06/2018.
Next Purpose: FOR___________________
Next Hearing Date: 13-06-2018

Date: 13-06-2018
Business: Parties and Advocate absent.  Adjd to 18/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 18-07-2018

Date: 18-07-2018
Business: Mr. Vijay Mangarule I/b. M/s. Das Asso., Advocate for Plaintiff present.  Mr. Mangarule tendered Affidavit of service dated 18/06/2018, t.o.r. and marked as Exh.5.  Affidavit states that service is effected only upon Defendant 2(D) and returned unserved upon the Defendant Nos.1, 2(A), 2(B) and 2(C).  Shri Mangarule seeks time to take steps/instructions in respect of expired Defendants and unserved Defendants, and on his request adjd to 04/08/2018.
Next Purpose: FOR___________________
Next Hearing Date: 04-08-2018

Date: 04-08-2018
Business: Mr. Vijay Mangarule I/b. M/s. Das Asso., Advocate for Plaintiff present. On request of Mr. Mangarule, for taking steps/instructions in respect of expired Defendants and unserved Defendants, adjd to 04/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 04-10-2018

Date: 04-10-2018
Business: Ms. Kanchan Patole I/b. M/s. Das Asso., Advocate for Plaintiff present. 19/11/2018.  On request of Ms. Patole, for taking instructions, adjd to 19/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 19-11-2018

Date: 19-11-2018
Business: Parties and Advocate absent, adjd to 18/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 18-01-2019

Date: 18-01-2019
Business: Shri. Vijay Mangarule, Advocate for plaintiff present. On request of Shri. Mangarule, for taking instructions in respect of expired defendants and for taking  further steps adjourned to 07/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 07-02-2019

Date: 07-02-2019
Business: Parties and Advocate absent, adjd to  22/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 22-03-2019

Date: 22-03-2019
Business: Parties and Advocate absent. As Court is on leave, board discharged and matter is adjourned to 02/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Parties and Advocate absent, adjd to 20/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-04-2019

Date: 20-04-2019
Business: Shri. Vijay Mangarule, advocate for plaintiff present. On request of Shri. Mangarule, for taking further steps, adjd to 18/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 18-06-2019

Date: 18-06-2019
Business: Parties and Advocate absent, adjd to  16/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Parties and Advocate absent,  adjd to 01/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Parties and Advocate absent,  adjd to 16/11/2019. As nobody is appearing in the matter and no steps have been taken, issue letter to the advocate for the plaintiff, to appear before this court on next date informing that on failure to appear before this court on next date, the matter will be disposd off, assuming that the decree has been satisfied out of the Court.
Next Purpose: FOR___________________
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: Shri. Vijay Mangarule, advocate for the plaintiff present.
On request of Shri. Mangarule, for taking instructions for withdrawal, adjd to 08/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Ms. Pranali Dhayalkar, advocate for the plaintiff present.
On request of Ms. Dhayalkar, for taking instruction for withdrawal, adjd to 28/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: Shri. Vijay Mangarule, advocate for the plaintiff present.
On request of Shri. Mangarule, adjd to 22/04/2020 for taking instructions.
Next Purpose: FOR___________________
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Parties and advocate are absent adjourned to 20/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Parties and advocate are absent adjourned to 17/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: In view of directions vide Office Order No.106 of 2021, matter adjourned to 23/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Parties and advocate are absent adjourned to  27/10/2021, by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Shri Vijay Mangrule advocate for plaintiff present.
On request of Shri Mangrule matter adjourned to 16/12/2021, for taking further steps.
Next Purpose: FOR___________________
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Parties and advocate absent adjourned to 31/01/2022, for dismissal.
L.O
Ms.Seema Chaubay, Advocate for plaintiff appeared and she has been informed about next date.
Next Purpose: DISMISSAL
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: In view of Office Order No.22 of 2022, matter adjourned to 11/03/2022, earlier orders to continue.
Next Purpose: DISMISSAL
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Shri Prasad Jangam, Advocate for plaintiff present.
On request of Shri Jangam, for taking instructions matter adjourned to 08/04/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Shri Prashad Jangam, Advocate for Plaintiff present.
None for defendant.
On request of Shri Jangam matter adjourned to 21/06/2022, for steps.
Next Purpose: DISMISSAL
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Parties and advocate absent adjourned to 21/07/2022, for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: Shri Prasad Jangam advocate for plaintiff present.
Shri Jangam, seeks time to file application for amendment and on his request, matter adjourned to 08/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Shri Prasad Jangam, advocate for plaintiff present.
Shri Jangam, has tendered amendment application t.o.r and marked as Exh.6.
Upon hearing Shri Jangam, amendment application allowed.
Amendment be carried out as per rules within 14 days from today and notice after amendment be issued returnable  to 19/09/2022.
Next Purpose: FOR___________________
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: As Court is on leave, board discharged and matter adjourned to 03/11/2022.
Next Purpose: FOR___________________
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: As Court is on leave, board discharged and matter adjourned to 07/12/2022.
Next Purpose: FOR___________________
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: Ms.Seema Chaubay, Advocate for plaintiff present.
Ms.Chaubay seeks time to carry out amendment.
Record shows order granting amendment has been passed in the month of August-2022, which has not been complied.
However, in the interest of justice, considering earnest request of Ms.Chaubay, matter adjourned till tomorrow, making it clear that amendment be carried out before 12.30 p.m. tomorrow.
Next Purpose: FOR___________________
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Ms. Seema Chaubay, advocate for plaintiff present.
Ms. Chaubay states that somehow the amendment could not be carried out before 12.30 p.m. today and submits that the officer of the plaintiff is present and amendment may be allowed to be carried out during the course of the day.
Hence, request of Ms. Chaubay allowed.
Amendment be carried out today only.
Notice after amendment be issued returnable on 30/01/2023.
Next Purpose: FOR___________________
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Ms. Seema Chaubey, advocate for Plaintiff present.
Ms. Chaubey submits that amendment has not been carried out as the concern Officer of this Court raised certain objections and Ms.Chaubey has tendered application stating that the plaintiff seeks amendment only in the respect of name and not in the address and praying that amendment may be allowed by ignoring the averment of address, t.o.r and marked as Exh.7
Upon hearing Ms. Chaubey amendment accordingly be carried out within fourteen days from today and notice after amendment be issued returnable on 15/03/2023.
Next Purpose: FOR___________________
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Shri Prasad Jangam, advocate for plaintiff present.
Shri Jangam seeks adjournment to carry out amendment.
Despite granting several adjournments, amendment is not yet carried out.
However, on earnest request of Shri Jangam time to carry out amendment is extended till tomorrow.
Matter adjourned to 16/03/2023, for further directions.
Next Purpose: FOR___________________
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: Ms. Seema Chaubey, advocate for plaintiff present.
Ms. Chaubey submits that amendment could not be carried out as the presence of Office of plaintiff is required and as the concern officer of the plaintiff is out of State and she therefore seeks further extension of time to carry out amendment.
Considering the previous roznamas, which shows that amendment has not been carried out since long despite granting extension, on earnest request of Ms. Chaubey time granted till 31/03/2023, to carry out amendment subject to payment of cost of Rs.500/- to the State of Maharashtra, to be paid before carrying out amendment.
For further direction matter adjourned to 31/03/2023.
Next Purpose: FOR___________________
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: Shri Prasad Das, Advocate for plaintiff present.
Shri Das submits that somehow order passed on last occasion could not be complied with and states that he is ready to pay the cost awarded on last occasion today itself.
Shri Das allowed to pay the cost today and on request of Shri Das time to carry out amendment is extended till 03/04/2023 upto 12.00 noon.
Matter adjourned to 03/04/2023, without change of caption.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Shri Prasad Jangam, Advocate for Plaintiff present.
Shri Jangam submits that the cost has been paid and has tendered application for substitution of bank address in furtherance of amendment application tendered earlier and seeks time to carry out the amendment in accordance with the application filed today.
Application t.o.r. marked as Exh-8.
Upon hearing Shri Jangam, amendment be carried out within 14 days from today in accordance with the application filed today and notice after amendment be issued returnable on 07/06/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: Shri Jitendra Saroj, Advocate for Plaintiff present.
Shri Saroj, submits that amendment has been carried out and seeks time to complete service of notice after amendment and on his request matter adjourned to 13/07/2023.
Next Purpose: NOTICE
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: As Court is on leave, board discharged and matter adjourned to 25/08/2023.
Next Purpose: NOTICE
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Shri Anupam Gundre, advocate for plaintiff present.
Shri Gundre has tendered affidavit of service stating that defendant could not be served t.o.r and marked as Exh.9.
Shri Gundre has therefore tendered application for substitute service by way paper publication t.o.r and marked as Exh.10.
Upon hearing Shri Gundre application for substitute service by way of paper publication is allowed.
Issue fresh notice to be served by way of paper publication returnable on 13/10/2023.
Next Purpose: NOTICE
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: Shri Anupam Gundre, Advocate for Plaintiff present.
Shri Gundre tendered application seeking extension of time for completing substitute service by way of publication t.o.r. marked as Exh-11.
Upon hearing Shri Gundre, time granted by way of last chance, for completing substitute service by way of publication, for which matter adjourned to 11/12/2023.
Next Purpose: NOTICE
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: As Court is on leave, board discharged and matter adjourned to 25/01/2024.
Next Purpose: NOTICE
Next Hearing Date: 25-01-2024

Date: 25-01-2024
Business: Shri  Anupam Gundre, advocate for plaintiff present.
Shri Gundre has tendered affidavit of service of notice U/o.XXI,Rule 22 of CPC, by way of paper publication t.o.r and marked as Exh.12.
Shri Gundre submits that since the service of notice has been completed matter may be proceeded further.
However, upon perusing of column J of the execution application, it is seen that the properties sought to be attached are within jurisdiction of Dindoshi Court.
Hence, the present Exe.Application be transferred to Dindoshi Court, on or before 15/02/2024.
Office to take steps accordingly.
Matter be shown as disposed of as transferred to Dindoshi Court.
Parties and advocates to appear before the Dindoshi Court for fixing the date of hearing before Dindoshi Court, after despatch of R and P to Dindoshi Court.
Nature Of Disposal: TRANSFERRED TO DINDOSHI COURT
Disposal Date: 25-01-2024

Main Case No: SUIT/0110105/1991
Main Cnr: MHCC010083742012
Main Filing No: 111447

Filing Number: 100788/2018
Filing Date: 15-01-2018
First Hearing Date: 21st February 2018
Decision Date: 25th January 2024
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI