Date: 30-01-2018
Business: Assigned to this Court.
None present.
O - Issue notice to both sides.
Adjd. to 28.03.2018 for report.
Next Purpose: REPORT
Next Hearing Date: 28-03-2018
Date: 28-03-2018
Business: Adv. Ms. Madhuri for plaintiff present.
She filed registered N/M no. 1156/18.
Adjd to 5.6.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-06-2018
Date: 05-06-2018
Business: Adv.Ms.Gada for Decree holder is present.
Adjd.for directions on 23.07.2018.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-07-2018
Date: 23-07-2018
Business: Adv.Ms.Preeti Gada for Judgment Debtor is present.
Adjd.for N/m hearing on 06.08.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: HHJ is Nominated as trainer for training on mediation hence today board is discharged .
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2018
Date: 18-09-2018
Business: Adv.Ms.Sneha for Decree Holder is present.
None for Judgment Debtor.
Heard adv.for Plaintiff in N/m. No.1156/2018.
Order below N/m No.1156/2018.
Perused the N/m which is supported by an affidavit. Heard. Also perused the Bailiff\''s report Exh.D. As per Bailiff\''s report, the suit premises is in locked condition since last twenty years. Considering over all circumstances, the Bailiff is permitted to execute the warrant of possession by breaking open the lock of the suit premises and if required he may take the Assistance of the concerned Police authorities. The Bailiff is further directed to make the inventory of the Articles lying in the suit premises. The Custody of those articles be given to Decree Holder and he shall retained by filing an undertaking to return the same as and when order is pass to that effect. As it is submitted that there is no stay order against the Execution of the warrant of possession, the Notice of Motion No.1156/2018 is allowed and made absolute in terms of prayer clause (a). Notice of motion is disposed of accordingly.
Adjd.for directions on 05.01.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-01-2019
Date: 05-01-2019
Business: Adv. Sneha for decree holder present.
Advocate for decree holder filed Affidavit of decree holder along with copy of bailiff report along with inventory and copy of receipt relating to receipt of those article under inventory. Decree holder is directed to file undertaking relating to those article in terms of order dated 18.09.2018.
Adjd. to 30.01.2019 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2019
Date: 30-01-2019
Business: Adv. Rahul Vyas appeared for respondent and filed V/N - TOR
Vakalatnama
Adjd. to 15.03.2019 for compliance.
L.O.
Adv. Preeti Gada for plaintiff present and filed undertaking in terms of order dated 18.09.2018.
Already adjd. to 15.03.2019
Next Purpose: COMPLIANCE
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Adv. Disha for Plaintiff present.
Adv. Pallavi for Defendant present.
Adv for Defendant filed draft NM t.o.r.
Leave granted to register it.
Copy of NM is served to Plaintiff.
Adj for NM reply to 15.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Adv. Deepali Vyas for J.D. present.
She tendered original NM No.1333/19 t.o.r.
Adv. Nisha Vardhan for D.H. present.
She filed reply t.o.r.
Adj for NM hearing to 23.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Business: Adv. Priti Gada for D.H. present.
Adv. Deepali Vyas for J.D. present.
Application for production of documents filed by defendant/J.D. t.o.r.
Production is allowed.
Order below NM No.1333/19.
Read notice of motion, reply of Plaintiff/Decree holder.
Notice of motion is taken out by Judgment Debtor for return of articles in custody of Decree holder as per inventory filed on 05.01.2019.
Decree holder in their reply shown readiness to hand over articles to the Judgment debtor provided they take the articles as per list.
It is pertinent to note that as per order dtd.18.09.2018 passed in NM No.1156/18 by my Ld.Predecessor, Bailiff was permitted to execute warrant of possession by breaking open the lock of suit premises and Bailiff was further directed to make inventory of the articles lying in the suit premises and to hand over custody of those articles to Decree holder who shall retained by filing an undertaking to return the same as and when order is passed to that effect.
Defendant has claimed that they have kept their articles/goods in suit premises. They have also given a list of articles which were lying in the suit premises. That list tallies with the inventory prepared by the Bailiff at the time of delivering possession of the suit premises to the Plaintiff. Keeping in view that as per affidavit of Director or defendant, those articles belonged to them. So, I think it just to direct Plaintiff to return those articles as per inventory to the defendant. Hence pass following order.
ORDER
1. Notice of motion no.1333/19 is allowed and made absolute in terms of prayer clause (a) with direction to the defendant to collect those articles and carry with them at their expenses within period of two weeks and Plaintiff to take acknowledgment in that respect.
2. On receipt of articles, the defendant have to file pursis to that effect.
3. Accordingly, NM is disposed off.
Order below Exh.1 in Execution Application No.49/17.
Execution is fully satisfied therefore, it is disposed off.
However, liberty is granted to defendant to move precipe for filing pursis as per order passed in NM No.1333/19.
Nature Of Disposal: OTHERWISE
Disposal Date: 23-04-2019
