Date: 22-02-2018
Business: Mr. Shailesh Redekar, Advocate for Plaintiff present. None for Defendant. Mr. Redekar prays for prays for issuance of Warrant of Attachment u/o. XXI r. 43 and 54 of CPC against Judgment Debtor, without issuing notice u/o. XXI r. 22 of CPC, as the Execution Application is filed within 2 years from the Decree. Advocate for Plaintiff further states that the Decreetal amount will not be realised unless Warrant of Attachment for both, movable and immovable property u/o. XXI r. 43 and 54 of CPC, are issued. Hence, upon perusing the Affidavit, issue Warrant of Attachment u/o. XXI. r. 43 and 54 of CPC as prayed, returnable on 14/06/2018.
Next Purpose: FOR___________________
Next Hearing Date: 14-06-2018
Date: 14-06-2018
Date: 27-08-2018
Business: Mr. Pravin Javkar D.H. present.
J. D. present.
Adv. S. R. Kadu for J.D. present and filed vakalatnama, TOR.
Advocate for defendant seeks time for filing the reply hence,
Matter is adjd. to 24/09/2018 for Reply.
Next Purpose: REPLY
Next Hearing Date: 24-09-2018
Date: 24-09-2018
Business: Adv. Ganesh Dhonde h/f Redekar for Plaintiff present.
J.D., no.2 Preeti Parekh present.
She has stated that her advocate is not keeping well hence,
Matter is adjd. to 20/11/2018 for Reply as last chance.
Next Purpose: REPLY
Next Hearing Date: 20-11-2018
Date: 20-11-2018
Business: Wrongly on board, hence matter adjd till next date.
Next Purpose: REPLY
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Adv. Redekar for D.H. present.
Adv. S. R. Kadu for J.D. present.
On the oral request of the advocate for J.D.,
Matter is adjd. to 22/02/2019 for Reply as last chance.
Next Purpose: REPLY
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: Adv. Redekar for D.H. present.
Adv. S. R. Kadu for J.D. no.2 and 3 present.
Advocate for J.D. has filed reply to the showcause notice, TOR.
Advocate for J.D. no.2 and 3 has filed draft notice of motion alongwith affidavit, Tor.
Order Leave is granted to the register the N/M.
Advocate for J.D. has requested to grant the time for filing reply by J.D. no.1 hence,
Matter is adjd. to 25/03/2019 for Reply by J.D. no.1 and D.H.
Next Purpose: REPLY
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Relative of Plaintiff Mr.Jaokar present
Adv for JD No. 1 deft Mr.Kumbhar present
Adv for JD requested for adjournment
O-Granted
Matter is Adjd for Reply to 26/06/2019
Next Purpose: REPLY
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: Adv for DH Mr.Redekar present
He filed reply to N/M.
Adv for DH stated that JD no. 1 is present before the court.
JD no.1 stated that he is Umesh Arvind Kumar Doshi present.
Matter is Adjd for Registration and Hearing of N/M to 22/08/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: DH present. Adv. Redekar for DH present.
All three JDs are present. Adv. S.R. Kadu for JD present.
Registered Notice of motion no. 2897/19 @ Affidavit filed by adv. for JD.
JD no. 2 filed reply to the execution application. t.o.r.
Adjd. for hearing of Notice of motion to 04.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: DH present. Adv. absent.
Adv. Smita Kadu for JD present.
Adjd. to 20.11.2019 for nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: DH present. Adv. Redekar for DH present.
JD no. 1 to 3 present. Adv. Smita Kadu for JD no. 1 to 3 present.
Heard both side on NM
Adjd. 29.11.2019 for nm order.
Next Purpose: ORDER
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Business: DH present. Adv. Redekar for DH present.
JD no. 1 to 3 present. Adv.absent.
As court is busy in hearing time bound matter of Hon\''ble High court ie EA 194/13 @ Ch/s 2095/11 and passing order in NM 4436 of 2016 and other matters adjd to 12.12.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. Redekar present for the plff/DH.
Adv. Smita Kurle present for the Deft no.2 and 3.
Deft no.2 and 3 present.
DH present.
Court is busy in dictating other order matters. Hence adj.
Adj. For NM order on 17/12/2019.
Next Purpose: ORDER
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Dh present. His adv. absent.
NM 2897/19 is rejected.
matter adjd to 13.02.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: DH present. Adv. redekar for DH.
JD 2 and 3 present. Advocate of JD absent.
Vide order as noted in roznama dtd.16.07.2018, the court had directed issuance of show cause notice to the defendant as to why the attached property shall not be sold. Accordingly, letter dtd.02.08.2018 as per Exh.2 was issued to the Judgment Debtors to show cause. The Judgment Debtors did not raise any objections to the sale. However, they had filed NM 2897/19 for setting aside the the Ex-parte decree. Same Notice of Motion has been rejected by this court by order dtd.17.12.2019. Resultantly, the execution to proceed. No sufficient cause shown to withdraw the attachment and the sale process. Hence, the property attached vide the attchment warrant of immovable and movable and report Exh.3 i.e. the flat no. A/302 in Vijay Apartment, Building No.2, S.V.Road, New Oriental bank of commerce, Borivali west Mumbai be sold and the process of such sale be paid to the Decree Holder to the extent of satisfaction of the decree. Issue proclamation of sale under Order 21 Rule 66 of CPC. The matter be removed from board and be sent to the registrar.
Nature Of Disposal: OTHER
Disposal Date: 13-02-2020
