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EXECUTION APPLN

Shri Maruti Shankar VairalVsShri Rajaram Janu Yadav

CNR MHCC01001678201928-COURT 28 ADD SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 07th February 2020

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100046/2019
Registration Date
11 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Shri Maruti Shankar Vairal

    Respondent

    1. 1Shri Rajaram Janu Yadav

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant

    Case History / Proceedings

    Case History
    Date: 27-02-2019
Business: Ms. Pushpa H. Goswami, Advocate for Plaintiff, present.  As today is the first date for taking steps, adjd to 05/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-03-2019

Date: 05-03-2019
Business: Miss. Pushpa Goswami, Advocate of Plaintiff Present. Ms. Goswami, prays for issue of warrants under order XXI Rule 48 and 46 of CPC, without issuing Notice as the execution application is filed within two years of passing Decree. Hence issue warrants as prayed for returnable on 26/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-04-2019

Date: 26-04-2019

Date: 26-08-2019
Business: Ms.Pushpa Goswami, Advocate for Plaintiff present.  Letter dt. 26/4/2019, received from Joint Commissioner of State Tax, Nodal-7 Mazgaon, Mumbai, under this office inward no.4693, dt.26/04/2019, taken on record and marked as Exh.C. Upon perusing the said letter Ms. Goswami states that the office of State Tax has misunderstood the warrant issue by this Court, as this Court has issued warrant u/o.XXI Rule 46 of CPC and not u/o.XXI Rule 48 of CPC, as the letter speaks about salary of the defendant. Ms. Goswami therefore, prays for issue of show cause notice against the Garnishee of the defendant as to why the said office has not complied with the warrant issue u/o.XXI Rule 46 of CPC. Hence, issue show cause notice as prayed for, returnable on 25/9/2019.
Next Purpose: FOR___________________
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Ms. Pushpa Goswami, advocate for the Plaintiff present. As Court is on leave, board discharged and adjd to 10/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Ms. Pushpa Goswami, advocate for the Plaintiff present. On request of Ms. Goswami, for compliance of order dt.26/08/2019, in respect of show cause notice to the Garnishee of the defendant, adjd to 15/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Ms. Pushpa Goswami, advocate for the plaintiff present.
On request of Ms. Goswami, for compliance of order dt.26/08/2019, in respect of show cause notice to the garnishee defendant, adjd to 04/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Ms. Pushpa Goswami, advocate for the plaintiff present.
Ms. Goswami prays for issue of Garnishee Notice and in support of the same she has tendered affidavit of C.A of plaintiff, t.o.r. and marked as Exh-D.
Upon hearing Ms. Goswami issue garnishee notice, returnable on 10/01/2020, before Court no.28. Exe.application be sent to the department for issue of Garnishee Notice and for assignment of matter to the Court No.28.
Next Purpose: FOR___________________
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Pushpa Goswami for DH present.
JD present.
Smt Sandhya Tulaskar establishment officer of Department of GST Govt. of maharashtra for Garnishee present.
Garnishee filed report to Correspondence dept. Report received from correspondence.t.o.r.
Adjd to 07.02.2020 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv. Pushpa Goswami for DH.
Sandhya tulaskar state tax officer representative of garnishee Joint commissioner of state tax nodal division Mumbai present. Reply already filed by Tax officer.
The advocate for DH submitted that the garnishee has deposited whole decreetal amount and therefore the garnishee may be discharged.
The amount deposited by the garnishee be paid to the plaintiff by the office verifying the deposit of the amount. The Garnishee is discharged. The matter be removed from board and it be sent to the execution department.
Nature Of Disposal: OTHERWISE
Disposal Date: 07-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 101711/2019
Filing Date: 11-02-2019
First Hearing Date: 27th February 2019
Decision Date: 07th February 2020
Court Number And Judge: 28-COURT 28 ADD SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 Feb 2020
    Order Details: Other
Pdf Text: Dt: 07.02.2020
EA 46/19 IN
SUM 336/18
CORAM : H.H.J SHRI. DEEPAK L.
BHAGWAT(C.R.NO.28)
Adv. Pushpa Goswami for DH.
Sandhya tulaskar state tax officer representative of
garnishee Joint commissioner of state tax nodal division
Mumbai present. Reply already filed by Tax officer.
The advocate for DH submitted that the garnishee has
deposited whole decreetal amount and therefore the
garnishee may be discharged.
The amount deposited by the garnishee be paid to the
plaintiff by the office verifying the deposit of the amount.
The Garnishee is discharged. The matter be removed
from board and it be sent to the execution department.
Judge
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