MAHENDRA M. DESAIVsVASANT HARKHABHAI GORYA

Date: 06-03-2018
Business: Shri Ramesh Jain, Advocate for Plaintiff, present. Shri Jain prays for issue of Notice u/o XXI Rule 22 of CPC.  Hence, issue notice as prayed returnable on 26/04/2018.
Next Purpose: FOR___________________
Next Hearing Date: 26-04-2018

Date: 26-04-2018
Business: Shri Ramesh Jain Advocate for Plaintiff present.  Shri Jain tender application for issuance of fresh notice to be served at new address, the same is taken on record and marked as Exhibit 4. Application allowed, fresh Notice made returnable on 15/06/2018.
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2018

Date: 15-06-2018
Business: Parties and Advocate absent.  Adjd to 11/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 11-07-2018

Date: 11-07-2018
Business: Parties and Advocate absent.  Since, Court is on leave, board discharged and adjd to 06/09/2018.  Later on Mr. Ramesh Jain, Advocate for Plaintiff, present, and he is informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 06-09-2018

Date: 06-09-2018
Business: Mr. Ramesh Jain, Advocate for Plaintiff, present.  On request of Mr. Jain, adjd to 23/10/2018, for completing service.
Next Purpose: FOR___________________
Next Hearing Date: 23-10-2018

Date: 23-10-2018
Business: Mr. Ramesh Jain, Advocate for Plaintiff, present.  On request of Mr. Jain, adjd to 24/10/2018, for filing Affidavit service.
Next Purpose: FOR___________________
Next Hearing Date: 24-10-2018

Date: 24-10-2018
Business: Mr. Ramesh Jain, Advocate for Plaintiff, present.  On request of Mr. Jain, returnable date of notice is extended till 21/12/2018.
Next Purpose: FOR___________________
Next Hearing Date: 21-12-2018

Date: 21-12-2018
Business: Ms.Vaishali Chavan, Advocate for plaintiff present.  On request of Ms.Chavan, returnable date of notice is extended till 24/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 24-01-2019

Date: 24-01-2019
Business: Shri.  Ramesh Jain, Advocate for plaintiff present. On request of Shri. Shah, for completing service,  adjourned to 22/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 22-02-2019

Date: 22-02-2019
Business: Parties and Advocate absent, adjd to  22/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Shri. Ramesh  Jain, Advocate for Plaintiff Present.  On request of Shri. Jain for completing service, adjd to 25/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 25-06-2019

Date: 25-06-2019
Business: Mr. Ramesh Jain, Advocate for Plaintiff, present.  On request of Mr. Jain, for completing service, adjd to 29/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Shri. Ramesh  Jain, Advocate for Plaintiff Present. On request of Shri. Jain, for completing service, adjd to 03/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: Shri. Ramesh Jain advocate for Plaintiff present. On request of Shri. Jain for completing service adjd to 27/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Shri. Ramesh  Jain, Advocate for Plaintiff Present.  On request of Shri. Jain,  for completing service, adjd to 07/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Shri. Ramesh  Jain, Advocate for Plaintiff Present.
On request of Shri. Jain, for completing service, adjd to 12/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Shri. Ramesh  Jain, Advocate for Plaintiff Present.
Plaintiff present. Defendant present.
Matter is taken on board by way of praceipe, marked as Exh-04.
Shri. Jain has tendered Consent Terms dt.26/11/2019, signed by the plaintiff and the defendant and by the advocate for the plaintiff, t.o.r. and marked as Exh-05.
Plaintiff and the defendant admit the contents of the Consent terms, by which the plaintiff and the defendant in exe.application no.144/2016(in Summary Suit no.1471/2014) and in the present exe.application 40/2018 ( in Summary Suit no.1470/2014) have agreed for full and final settlement for the amount of Rs.5,10,000/-.
It is stated in the Consent Terms that, the defendant has no objection for forwarding/paying the said settlement amount of Rs.5,10,000/- to the plaintiff towards the decreetal settlement in aggregate in both the matters, from the retirement benefits by the employer i.e. the Director, Central Board of Workers Education (CBWE), Nagpur.
In view of this, the office of the Director, Central Board of Workers Education (CBWE), Nagpur, is hereby requested to remit the amount of Rs.5,10,000/- from the retirement benefits of the defendant, Shri. Vasant Harkhabhai Gorya, in the Office of Deputy Sheriff of Mumbai, on or before 12/12/2019.
On request of Shri. Jain awaiting compliance from the Office of the Employer of the defendant, adjd to 12/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Shri. Ramesh  Jain, Advocate for Plaintiff Present.
As Court is on leave, board discharged and adjd to 21/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Business: Parties and Advocate absent,  adjd to 08/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Shri. Ramesh  Jain, Advocate for Plaintiff Present.
On request of Shri. Jain, for compliancem adjd to 22/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Shri. Ramesh  Jain, Advocate for Plaintiff Present.
On request of Shri. Jain, for compliance, adjd to 05/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Shri. Ramesh  Jain, Advocate for Plaintiff Present.
On request of Shri. Jain, awaiting compliance, adjd to 24/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Shri. Ramesh Jain Advocate for Plaintiff present.
As Court is on leave, board discharged and adjourned to 13/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Shri. Ramesh  Jain, Advocate for plaintiff Present.
On request of Shri. Jain, for compliance, adjd to 04/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2020

Date: 06-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: Shri Ramesh Jain Advocate for Plaintiff present.  None for Defendant.
Matter is taken on board by way of praecipe marked as Exh-6.
With the praecipe Shri Jain has annexed the copy of letter dated 30/06/2020 addressed to the Sheriff Office by the Dattopant Thengadi National Board for Worker Education and Development, Ministry of Labour and Employment, Govt. of India, remitting the amount of Rs.5,10,000/- in pursuance of order dated 26/11/2019 passed in the matter (wrongly mentioned as 25/11/2019 in the letter).
Shri Jain further states that the said amount is lying in the office of Sheriff of Mumbai and the office of Sheriff of Mumbai be directed to handover the said amount of Rs.5,10,000/- to the Decree Holder towards satisfaction of Decree in Summary Suit Nos.1471 of 2014 and 1470 of 2014, wherein Exe.Application No.144/2016 and Exe.Application No.40 of 2018, were taken out respectively.
Hence, upon hearing Shri Jain office of Sheriff to handover the amount of Rs.5,10,000/- to the Decree Holder Mahendra Murlidhar Desai.
In view of the above order read with Consent Terms (Exh-5) nothing survives in the present Exe.Application and the same stands disposed off accordingly.  Parties and authorities to act on copy of this order duly authenticated by the Court Sheristedar.
Nature Of Disposal: COMPROMISE
Disposal Date: 07-11-2020

Main Case No: SUMMARY CIVIL SUIT/0101470/2014
Main Cnr: MHCC010091722014
Main Filing No: 113080

Filing Number: 101658/2018
Filing Date: 03-02-2018
First Hearing Date: 06th March 2018
Decision Date: 07th November 2020
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI