Date: 22-02-2018
Business: Mr. Shailesh Redekar, Advocate for Plaintiff present. None for Defendant. Mr. Redekar 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
Business: Shri S. S. Redekar, Advocate for Plaintiff, present. Shri Shekhar Kamtekar, Plaintiff, present. Ms. Archana Sanap, Advocate for Intervenor-cum-Applicant i.e. Bank of India, present. Execution Application marked as Exh.A(colly.). Inventory bearing No.SMK/A-64517/797/2018, dated 24/04/2018, under this office Inward No.4994, dated 03/05/2018 is t.o.r. and marked as Exh.B. Ms. Sanap undetakes to file reply. Ms. Sanap tendered Vakalatnama of Shri O. A. Das for Applicant/Intervenor, same is t.o.r. and marked as Exh.C. By consent adjd to 18/06/2018.
Next Purpose: FOR___________________
Next Hearing Date: 18-06-2018
Date: 18-06-2018
Business: Shri Shekhar Kamtekar, Plaintiff, present, his Advocate absent. Ms. Tanvi Bagwe and Ms. Archana Sanap I/b O. A. Das, Advocate for Intervenor-cum-Applicant i.e. Bank of India, present. Affidavit dated 18/06/2018 of Bank of India to implead them as Intervenor in the matter, tendered by Ms. Bagwe is t.o.r. and marked as Exh.D. For Reply of Plaintiff to the Affidavit filed today, adjd to 20/06/2018.
Next Purpose: FOR___________________
Next Hearing Date: 20-06-2018
Date: 20-06-2018
Date: 03-09-2018
Business: Court is on leave.
Next Purpose: FOR___________________
Next Hearing Date: 13-12-2018
Date: 13-12-2018
Business: Adv. Shailesh Redekar for D.H. present.
Adv. Archana Sanap for Intervener present.
Read the N/M no.2493/18 and reply filed by the D.H./Plaintiff. Heard both the sides. It appears that the property attached in the Execution proceeding was already mortgaged with the Intervener Bank of India. Therefore, the presence of Bank of India is just and necessary before the Court for proper and effective adjudication of this execution proceeding, hence following order
ORDER
1. Notice of Motion no.2493/18 is partly allowed.
2. The Aplnt/Intervener Bank of India be impleaded as party in Execution proceeding by the D.H.
3. Notice of Motion is disposed of accordingly.
Plaintiff to carryout the necessary amendment in the execution proceeding on or before the next date, without fail.
Matter is adjd. to 10/01/2019 for Amendment.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-01-2019
Date: 10-01-2019
Business: Adv. Shailesh Redekar for Plaintiff present
Adv. Mandira Day for Defendant present.
With the consent of both the parties,
Matter is adjd. to 06/02/2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: None for J.D.
D.H. present.
Adv. Mandira Day for Intervener present.
With the consent of both the parties,
Matter is adjd. to 08/03/2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-03-2019
Date: 08-03-2019
Business: Adv. Redekar for D.H. no.1 present.
Adv. Mandira Day for D.H. no.4 present.
None for J.D.
Advocate for D.H. no.1 has filed pursis, TOR.
Matter is adjd. to 04/04/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Business: Adv for DH Mr.Redekar present
Adv for deft NO.4 Mrs.Mandira present
Adv fro deft no. 4 is directed to filed say on pursis Exh 3
Matter is Adjd for Hearing on Exh 3 to 07/06/2019
Next Purpose: HEARING
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Adv for DH Mr.Redekar present
Adv for JD No.4 Ms.Sanap present
Adv for JD No.4 filed reply to pursis Exh 03
FRSR Following order is passed
1.The attachment of Flat No. 703 stands vacated.
2.The defendant No.4, Bank of India is directed to deposit the balance sale proceeds from the sale of flat No.703, Shubh Ashirwad CHSL, Hindu Colony, 5th Lane, Dadar Eastm Mumbai 14 in the Court after adjusting their dues.
Matter is Adjd for Hearing to 30/07/2019
Next Purpose: HEARING
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Business: Adv. redekar for DH
Adv. Sneha for JD -4.
Adjd to 20/09/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: P.O. Is on leave. Adjd to 22/11/19
Next Purpose: HEARING
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Redekar for DH present.
JD and adv. absent.
Adjd .to 21.01.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Redekar for DH.
Adv. Das for Bank of India.
The bank is directed to submit on affidavit as to the steps taken by it in respect of the attached property.
Adjd to 25.02.2020 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: DH present. Adv. Redekar for DH.
Adv. Priya Nigvekar for Bank of India filed Affidavit about status of auction.
Adjd to 02-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 02-05-2020
Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 22-05-2020
Date: 22-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rain declare holiday hence matter adjd to 26-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 26-09-2020
Date: 26-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: PO is on special leave
Next Purpose: FOR___________________
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Redekar for DH present.
None for JD.
On the request of Adv. Redekar the bank is directed to submit on affidavit as to the steps taken by it in respect of the attached property and the status of auction till next date.
Adjd to 06/05/2021.
Next Purpose: FOR___________________
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As per office order dated 12/10/2021
Next Purpose: FOR___________________
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to 18-04-2022 for Service.
Next Purpose: SERVICE
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: None present.
Matter is adjd. for service to 13-07-2022.
Next Purpose: SERVICE
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR (C.R. No.15)
None present for D.H. and J.D.
Adv. Priya Nigvekar for Intervener present and filed Affidavit is t.o.r. and marked as Exh. 4.
Adjhd to 24/08/2022 for reply.
Judge
Next Purpose: REPLY
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: As court is vacant
Next Purpose: REPLY
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: As court is vacant
Next Purpose: REPLY
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: As court is vacant
Next Purpose: REPLY
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: None present.
Matter Adjd for Reply on 11/07/2023 .
Next Purpose: REPLY
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: None present.
Plaintiff failed to reply Exh.4, hence, put up for hearing.
Matter stands adjourned for hearing on Exh.4 on 10-10-2023.
Next Purpose: HEARING
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: None present.
Matter stands adjourned for hearing on 19-12-2023
L.O. at 3.00 pm.
Adv. S.S. Redekar present for DH. He submitted that the Decree has
been satisfied before Honble High Court, hence, DH do not want
proceed further, considering the submission the EA 23/2018 stands
disposed of in full satisfaction. Proceeding is closed.
Nature Of Disposal: OTHERWISE
Disposal Date: 10-10-2023