Dhansukhrai Pragjibhai Shah HUF +1 moreVsSanjivani Marketing Co. +2 more

Date: 20-02-2019
Business: Mr. Lalit V. Jain, Advocate for Plaintiff, present.  As today is the first date in the matter, for taking further steps, adjourned to 26/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-02-2019

Date: 26-02-2019
Business: Ms. Mansi Jain I/b Lalit V. Jain, Advocate for Plaintiff, present.  Ms. Jain prays for issue of warrants of attachment u/o.XXI Rule 43 and 54 of CPC, without issue of notice, stating that the E.A. has been filed within 2 years of passing Decree.  She further states that the properties sought to be attached belongs to Defendant and free from all the encumbrances.  Hence, issue warrants as prayed for returnable on 26/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Shri C. P. Mishra, Advocate for Plaintiff, present.  Execution Application marked as Exh.A colly.  Shri Mishra has tendered original warrants u/o.XXI Rule 43 (total 04 warrants) and 54 (total 04 warrants) alongwith service report endorsed thereon, t.o.r. and collectively marked as Exh.B and C, respectively.  On request of Shri Mishra, awaiting inventory, adjd to 16/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Business: Shri. Lalit Jain, advocate for the Plaintiff present. Plaintiff present. Shri. Suresh Bhosale, defendant present. His advocate absent. Matter is taken on board by way of praecipe, marked as Exh. D. Application for transfer of exe.application to Court no.28, tendered by the defendant, is taken on record and marked as Exh.E. Notice of todays hearing addressed to Advocate for plaintiff, acknowledged by Advocate for Plaintiff, tendered by the defendant, taken on record and marked as Exh.F. Shri Jain objects for preponing the matter. Sheriff report bearing no.SID/A-/928/2019, dt.25/06/2019, under this office inward no.6843 dt.26/06/2019, taken on record and marked as Exh.G. On request of defendant, for filing of Vakalatnama and reply, adjd to 03/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Shri. Lalit Jain, advocate for the Plaintiff present. Plaintiff present. Shri. M.T. Mahashabde, advocate for the defendant present. Shri. Suresh Bhosale, defendant present. By consent, adjd to 08/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Plaintiff present. His Advocate absent. Defendant present. His Advocate absent. As Court is on leave, board discharged and adjd to 12/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Shri. Lalit Jain, advocate for the Plaintiff present. Plaintiff present. Shri. Jain has tendered Sheriff report bearing no. SJD/A-/928/2019, dt.25/06/2019 in respect of execution of warrant of attachment u/o. XXI Rule 54 of CPC, taken on record and marked as Exh.H. On request of Shri. Jain for taking further steps, for issue of warrant of sale, adjd to 23/07/2019. Later on Shri. M.T. Mahashabde, advocate for the defendant and the defendant appeared and they are informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Shri. Mishra, advocate for the Plaintiff present. Plaintiff present. Defendant present. Shri. Mishra has tendered affidavit in support of warrant of sale, taken on record and marked as Exh.I. Copy of said affidavit has been served upon defendant across the bar and here endorsed his undertaking on the same, to the effect that, he will pay the amount of Rs. 35,00,000/- by 30/07/2019. Hence, by consent, adjd to 05/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Shri. Lalit Jain, advocate for the Plaintiff present. Plaintiff present. Defendant present. His advocate absent. Defendant seeks time as till date Cheque Book has not come in his hand. Hence, on request of Defendant, adjd to 09/08/2019. Defendant undertakes to appear before this court on 09/08/2019 with the Cheque Book.
Next Purpose: FOR___________________
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Shri. Lalit Jain, advocate for the Plaintiff present. Plaintiff and Defendant present. Defendant has handed over to the plaintiff.Three Cheques for the total amount of Rs.25,00,000/- dt. 24/08/2019, drawn on Union Bank of India, in favour of Plaintiff towards part payment. Defendant undertakes to appear before the Court on next date with the Cheque for the amount of Rs.10,00,000/-. By consent, adjd to 30/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Business: Plaintiff present. His advocate absent. Shri. Suresh Bhosale, defendant present. Defendant seeks time to arrange the funds and has been requesting the plaintiff not to deposit the Cheques dt.26/08/2019 to the Bank for encashment, till he directs to do so. Plaintiff objects and states that at the most short adjournment may be granted. However, considering the request made by the defendant and also considering the ensuing holidays on account of Ganpati Festival, by consent, adjd to 09/09/2019, by way of last chance for the defendant to make payment. Defendant assures that, he will instruct the plaintiff before the next date to deposit the Cheques with the Bank.
Next Purpose: FOR___________________
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Shri. Lalit Jain, advocate for the Plaintiff present. Plaintiff present. Defendant present. Shri. Jain has tendered application for issue of warrant of sale, taken on record and marked as Exh-J. Shri Jain states that the affidavit in support of issue of warrant of sale is already on record and further states that the defendant though assured has not yet made payment. In view of this issue warrant of sale as prayed for, returnable on 19/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Ms. Mansi Jain, advocate for the plaintiff present. Plaintiff present.
Defendant present.
Defendant seeks time of two weeks to make payment.
Plaintiff states that the cheques given by the defendant have been dishonoured and Ms. Jain advocate for the plaintiff, requests for keeping the matter back for some times as her senior is appearing before the Court for making submissions. Hence, kept back.
Later on at 1.15 p.m.
Shri. Lalit Jain, advocate for the plaintiff present. Plaintiff present.
Defendant absent.
Shri. Jain has tendered the application for issue of warrant of Sale for the entire decreetal amount alongwith pondage and other incidental charges, stating therein that the cheques given by the defendant have been dishonoured t.o.r. and marked as Exh-K.
Hence, upon hearing Shri Jain and upon perusing the application filed today, issue warrant of sale as prayed for and the same has been made returnable on completion of sale proceedings.
However, as the defendant has assured for payment within two weeks, matter adjd to 07/01/2020, for compliance on the part of the defendant.
Next Purpose: FOR___________________
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Shri. Lalit Jain, advocate for the plaintiff present.
Defendant present.
Defendant seeks further time of two weeks to make payment, though he has assured to make payment by today date. Shri. Jain states that Warrant of Sale has already been issued and the defendant is not paying any amount, despite granting several opportunities.
Shri. Jain, therefore, prays that the matter be disposed off by keeping the Warrant of Sale alive till completion of sale proceedings.
In view of this, exe.application stands disposed off, by keeping the warrant of sale alive till completion of sale proceedings.
Nature Of Disposal: ALLOWED
Disposal Date: 07-01-2020

Main Case No: SUMMARY CIVIL SUIT/0100956/2014
Main Cnr: MHCC010053062014
Main Filing No: 113080

Filing Number: 101543/2019
Filing Date: 06-02-2019
First Hearing Date: 20th February 2019
Decision Date: 07th January 2020
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI