Amita Rajanikant Rele and Anr. Case No. 112/2018 Kokan Divsion MumbaiVsKushalraj Land Developers Pvt. Ltd and anr.

Date: 11-02-2020
Business: Ms. Devanshee Shah, advocate for the plaintiff present.
On request of Ms. Shah, issue notice u/o.XXI Rule 22 of CPC, returnable on 16/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Shri Vimalkumar Jain representative of defendant No.1 present.
Exe.application marked as Exh-A(Colly).
Shri Jain has tendered vakalatnam of Abhijit Rane Advocate for defendant No.1 t.o.r., and marked as Exh-B.
Shri Jain seeks time to file reply stating that copy of exe.application has not been served upon defendant.
Hence, on request of Shri Jain, matter adjd to 18/04/2020.
Later on,
Shri Siddhartha Shah Advocate for plaintiff appeared and has tendered original notice, with service report endorsed there on t.o.r, and marked as Exh-C.
He has been informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 09-07-2020

Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Shri Siddharth Shah, Advocate for Plaintiff present.
On request of Shri Shah, adjourned to 11/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Shri Siddhartha Shah advocate for plaintiff present.
On request of Shri Shah adjourned to 11/02/2021 for taking further steps.
Next Purpose: FOR___________________
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Shri Siddhartha Shah Advocate for plaintiff present.
None for defendant.
Shri Shah prays for issue of warrants u/o XXI Rule 43 and 54 of CPC, by making the notice absolute as thought the defendant No.1, has filed vakalatnama till date no reply is filed.
Defendant is absent on call Hence, notice is hereby made absolute and issue warrants as prayed for returnable on 16/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Parties and advocate are absent adjourned to  07/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Parties and advocate are absent adjourned to  07/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 02/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: Ms. Riya Rele advocate for plaintiff present.
On request of Ms. Rele adjourned to 23/11/2021, by extending the returnable date of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Shri Abhijeet Rane advocate for defendant No.1 present.
On request of Shri Rane matter adjourned to 12/01/2022, for filing of reply.
LO
Shri Siddhartha Shah advocate for plaintiff appeared and he has been informed about next date.
Original warrants of attachment U/o.XXI, Rule 43 and 54 of CPC, with bailiff report pasted thereon, tendered by Shri Shah t.o.r. marked as Exh-D and Exh-E, respectively.
Next Purpose: FOR___________________
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 10/02/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: Shri Abhijeet Rane advocate for defendant No.1 present.
None for plaintiff.
Shri Rane has tendered affidavit in reply of defendant No.1, t.o.r and marked as Exh.F.
Shri Rane states that the warrant of attachment issued against immovable property at 275, Mapla Mahal, JSS Road, Girgaum, Mumbai 400004 and at D10, Bennevis Building , 3rd Floor, 100 Bhulabhai Desai Road, near Tata Garden, Warden Road, Mumbai 4000036, are tenanted properties and therefore, can not be attached.
On perusal of reply it is seen that the Exhibit-A stated to be annexed with the reply is not in fact not annexed.
Be that, as it may, as the defendant No.1, is contesting the process issued in the matter, the matter is hereby submitted to Honourable Court, as per assignment, on 17/02/2022.
Office to take steps to assign the matter to Honourable Court.
Parties and Advocates to appear before the Court on 17/02/2022, as may be assigned.
Next Purpose: FOR___________________
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv Siddharth Shah for decree holder present.
Adv Abhijeet Rane for judgment debtor no.1.
Heard both the Ld Advocates.
On oral request of advocate for judgment debtor no.1, the matter is adjourned for further hearing.
Matter is adjd to 21/03/2022 for further hearing.
Next Purpose: HEARING
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Adv. Suryavanshi for JD present.
None for DH.
On oral request, Matter is adjd to 20/07/2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Adv. Sidharth Shah for DH is present.
Adv. Abhijit Rane for JD is present.
Adv.for JD filed pursis t.o.r marekd as Exh.2. It is informed that the defendant no.2 is going to deposit the amount of Rs.16,19,200/- on or before 1st October 2022 as per instructions of his client. The Ld. Adv.for plaintiff/DH has given no objection for the same. Both the parties mutually agreed for a date. Thus considering the request and pursis the matter is adjd for 03.10.2022.
Matter adjd to 03.10.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: None present.
K.B.
Later on mentioned at 1.41 p.m.
Adv. Siddharth Shah for DH present. He tendered application for arresting Deft. no.1 as per law. TOR. Exh.03.
O-Call say of JD.
Matter adjd to 02.11.2022 for reply of Exh.03.
Next Purpose: REPLY
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Adv. Mr. Shah for plaintiff (DH) is present.
Adv. Mr. Abhijit Rane for defendant (JD) is present.
Upon perusal of roznama, it reveals that, on 20/07/2022 with the consent of both the parties the matter was adjourned on 03/10/2022. However on 03/10/2022 none present for JD. The DH has filed an application for arresting JD (Exh.3). Thereafter the matter is adjourned for filing say of JD. It is submitted that the copy of said application is supplied to JD today itself. Therefore JD has sought time to file reply to Exh.3.
At this juncture the Ld advocate for JD submitted that he wants to give DD of Rs.2,00,000/- to the DH. However it reveals that the Hon\''ble Bombay High Court in Civil Writ Petition No. 2995/2022 vide order dated 21/03/2022 directed the JD to deposit the entire amount within a period of two weeks from the date of order. It is submitted by DH that till date no amount has been paid or deposited by JD. Thus in such circumstances, it is not proper to ask the DH to accept the amount of Rs.2,00,000/- only by way of DD. In my view the DH has to approach before the Hon\''ble High Court for seeking suitable order as Hon\''ble High Court was pleased to direct to deposit entire amount  before the Registry of Hon\''ble High court.
Matter adjd to 30/11/2022 for filing reply on Exh.3
Next Purpose: REPLY
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: P.O. is on leave. Matter is adjd. to
Next Purpose: REPLY
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Adv. Siddhartha Shah for plaintiff/DH is present.
Adv. Abhijit Rane  for defendant/JD is present.
The Ld.Adv.for defendant/JD has given an undertaking by filing pursis t.o.r marked as Exh.4 that JD will pay the balance amount of Rs.11,19,200/- on or before 15th March, 2023. The Ld.Adv.for plaintiff/ DH has no objection subject to payment of Rs.11,19,200/- on or before 15th March 2023. Hence, considering the submissions of both the sides matter adjourned to 16.03.2023.
Matter adjd to 16.03.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Adv. Siddharth Shah for plaintiff/DH is present.
Adv. Abhijeet Rane for defendant/JD is present.
The Ld.Adv.for DH has filed pursis t.o.r marked at Exh.5.
It is  submitted that decree holder has received the entire amount of the decree and therefore he do not want to proceed further, thus in view of submission made the execution proceeding stands disposed of as satisfied.
Nature Of Disposal: OTHERWISE
Disposal Date: 25-04-2023

Registration Number: 100080/2020
Transfer Date: 15-02-2022
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 100505/2020
Filing Date: 29-01-2020
First Hearing Date: 11th February 2020
Decision Date: 25th April 2023
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE