Kaushal Kumar ModiVsPreeti Malik and Anr.

Date: 22-02-2019
Business: Moved by preceipe
Adv. Girish Kedia for plaintiff tendered draft Notice of Motion alongwith affidavit.
O-Leave is granted to register the Notice of Motion.
Plaintiff has served copy of motion no.766/19 on defendant no.1 and filed the affidavit of service on record. Inspite of service defendant no.1 neither appeared nor tendered her reply on the motion.
Heard Ld.Adv.Kedia on the N/M No.766/19.
Matter adj order on N/M No.766/19 on 27/02/19.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Adv. Girish Kedia for plaintiff present.
I have perused the affidavit of service dtd. 22.02.2019 placed on record by the plaintiff.   It is mentioned in the affidavit of service that copy of plaint with exhibits, Notice of Motion taken out by plaintiff and affidavit in support thereof handover to Mr.Imran Khan on the address of Davind Info Private Limited, Shop No.9, Lucky Star Co.op Housing Society, Near T.B. Hospital, Jabai Wadia Road, Parel, Mumbai 12.  But the said address of defendant no.1 is not mentioned in the title clause of the plaint therefore firstly plaintiff has to place on record this address of defendant no.1, then only service on this address on defendant no.1 can be treated as a proper service.  But as on todays date the address on which defendant no.1 is alleged to be served the copy of plaint with exhibits and Notice of Motion is not a proper service. Hence, order
ORDER
1.Plaintiff is directed firstly to mention that address on record and take necessary steps for proper service on the defendant no.1.
2.Plaintiff to note and comply accordingly.
Matter adj for compliance on 04/03/19.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2019

Date: 04-03-2019
Business: Adv. Girish Kedia for plaintiff present.
Matter adj for compliance and hearing on N/M No.766/19 on 12/03/19
Next Purpose: COMPLIANCE
Next Hearing Date: 12-03-2019

Date: 12-03-2019
Business: Adv. Kedia for plaintiff.
Heard Adv. Kedia for plaintiff on Chamber Summons.
Matter is adj for order on Chamber Summons on 14.03.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 14-03-2019

Date: 14-03-2019
Business: Exh-2 Adv. Manoj Agare for plaintiff tendered application for dispense with the presence of plaintiff for verification.O-Allowed.
Defendant and advocate absent.
F.R.S.R. following order is pass on Notice of Motion No.766/19.
ORDER 1.Notice of Motion No.766/2019 is partly allowed only with respect to prayer (a) that is the appointment of Court Receiver of High Court Bombay of the Notice of Motion.
2.Prayer of temporary injunction and direction to payment of Rs.4,06,255/- in respect of vehicle are hereby rejected. 3.Plaintiff is directed to deposit a sum of Rs.15,000/- as a remuneration of Court Receiver of High Court, Bombay in the High Court, Bombay.
4.After deposit of remuneration, Court Receiver of High Court, Bombay is directed to take possession of car bearing no. MH-01-BY-4929 from defendant no.1 or any other person claiming through her from whom the possession of vehicle is found and kept the possession with him till the further orders of the court.
Nature Of Disposal: ALLOWED
Disposal Date: 14-03-2019

Main Case No: SUIT/0100436/2019
Main Cnr: MHCC010016392019
Main Filing No: 111447

Filing Number: 102297/2019
Filing Date: 22-02-2019
First Hearing Date: 22nd February 2019
Decision Date: 14th March 2019
Court Number And Judge: 32-COURT NO 32 AD-HOC ASST. SESSIONS JUDGE