Smt. Annahita Roozbeh MistreeVsRevathi Siddhartha Roy

Date: 09-03-2020
Business: Shri. Nagesh Pawar Advocate for Plaintiff present.
As Court is on leave, board discharged and adjourned to 17/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: Shri Nagesh Pawar, Advocate for plaintiff present.
On request of Shri Pawar for taking further steps matter adjd to 02/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 17-07-2020

Date: 17-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Business: Shri Nayan Gandhi, Advocate for plaintiff present.  None for defendant.
Exe.Application marked as Exh-A (colly),
Matter is taken on board by way of praecipe, marked as Exh-B.
Shri Gandhi states that the matter was on board first time on 09/03/2020, when Ld.Registrar was on leave and on that day matter was adjourned to 17/03/2020.  On 17/03/2020 it came to be adjourned to 02/04/2020 and since then matter is being adjourned due to pandemic Covid-19 and as such, no order of issuance of warrants as prayed for has been passed.
Shri Gandhi states that the plaintiff is old lady and having poor financial condition and therefore, prays for issue of warrants u/o XXI Rule 43 and 54 of CPC,  urgently, without issue of notice stating that the Exe. Application is filed within two years of passing Decree. Shri.Gandhi further states that the property sought to be attached is free from all the encumbrances and belongs to defendant. In view of this issue warrants as prayed for, returnable on 16/12/2020.
Next Purpose: FOR___________________
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Parties and advocate are absent adjourned to 28/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Shri Annahita Mestri advocate for plaintiff present.
Shri B.N. Ganu advocate for defendant present.
Shri Ganu has tendered vakalatnama for defendant t.o.r. and marked as Exh.C.
Shri Mestri has tendered application to take on record execution Report of warrant of attachment U/o XXI, Rule 54 of CPC, annexing there with original warrant with bailiff report endorsed there on t.o.r. and marked as Exh.D(Colly.).
Shri Ganu has tendered application stating that the matter has been settled between the parties and the defendant has furnished seven post dated cheques (including first cheque of today), total amounting to Rs. 6,61,004/-, as mentioning in the application.
Advocate for defendant ha signed on the application in token of receipt of said seven cheques on behalf of his client.
By Consent of both the advocates matter adjourned to 26/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 20/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 26/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: Shri Nayan Gandhi advocate for plaintiff present.
Shri Gandhi states that the last three cheques given by defendant on account of settlement arrived at, have been dishonoured and he therefore prays that show cause notice be issued to defendant as to why the exe.application should not be proceeded further.
Hence, issue show cause notice as prayed for returnable on 29/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Shri Nayan Gandhi, Advocate for plaintiff present.
Shri B.M.Ganu, Advocate for defendant present.
Sheriff report datd 23/09/2021 bearing No.PVK/959/2021 alongwith even number bailiff report, under this office inward No.10457 dated 24/09/2021, in regard to execution of warrants u/o.XXI RULE 43 and 54 of CPC, t.o.r. marked as Exh-F.
Both the advocates state that the matter has been settled and hence, by consent, adjourned to 28/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Shri B.M. Ganu advocate for defendant present.
None for plaintiff.
Shri Ganu states that the matter has been settled and only the interest as per the decree is remained to be paid to plaintiff and the defendant is ready to pay the same upon receipt of calculated amount of Interest from the plaintiff.
Since none appeared for plaintiff, on request of Shri Ganu matter adjourned to 07/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Ms. Nasrin Khan, Advocate for defendant present.
None for plaintiff.
Ms. Khan states that plaintiff could not be contacted and hence, adjourned to 29/01/2022, for disposal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Business: In view of Office Order No.22 of 2022, matter adjourned to 02/03/2022, earlier orders to continue.
Next Purpose: DISMISSAL
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Shri Nayan Gandhi, advocate for plaintiff present.
Ms. Nasrin Khan, Advocate for defendant present.
Shri Gandhi, states that only the principal amount has been paid and interest part is still outstanding.
Ms. Khan, states that entire amount has been paid and seeks time to take instructions and to produce proof to that effect.
Hence, by consent matter adjourned to 27/04/2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Shri Nayan Gandhi, Advocate for Plaintiff present.
None for defendant.
Shri Gandhi states that advocate for defendant has failed to appear who was about to produce proof of payment of entire amount.
However, on request of Shri Gandhi matter adjourned to 20/06/2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Shri Nayan Gandhi, advocate for plaintiff present.
Ms.Nasreen Khan, advocate for defendant present.
Shri Gandhi states that till date defendant has failed to make payment in respect of interest amount.
He has therefore tendered application for sale for attached property and affidavit in support of the said application, t.o.r and marked as Exh.G and H respectively.
Ms. Khan states that defendant is ready to make payment in respect of interest amount and seeks time for the same.
Time granted till 01/07/2022, to make payment, making it clear that on failure to make payment by that date plaintiff will be at liberty to proceed with the application for sale tendered today.
By consent, matter adjourned to 02/07/2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: Shri Bhalchandra Ganu, with Ms. Nasreen Khan, Advocate for defendant  present.
None for plaintiff.
Shri Ganu states that he is ready with the Cheque amounting to Rs.45,000/- in the name of plaintiff toward the payments of interest, however, as none appeared for plaintiff today he will post the same at the address of plaintiff.
Shri Ganu further states that as the exact calculation of the Interest amount is not furnished to him, he has brought the cheque of Rs.45,000/-, and if any amount towards the interest part is still remain unpaid will consider the same upon receipt of calculation from plaintiff.
For the present matter adjourned to 16/07/2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: As court is on leave, board discharged and adjourned to 11/08/2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Shri Nayan Gandhi, Advocate for plaintiff present.
Shri  B.M. Ganu, Advocate for defendant present.
Shri Ganu, has tendered application entitled Tendering of Interest Amount as per Direction, t.o.r., marked as Exh-I.
Shri Ganu, has handed over cheque amounting to Rs.45,000/- towards interest amount to Shri Gandhi across the Bar and assured to pay the residual amount upon intimating the final amount by the plaintiff after deducting the amount of Rs.45,000/- paid by cheque today and by consent, matter adjourned to 28/09/2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Shri Nayan Gandhi, Advocate for plaintiff present.
None for defendant.
On request of Shri Gandhi issue notice to defendant to show cause as to why the warrant of sale shall not be issued, returnable on 17/11/2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: Shri Nayan Gandhi, Advocate for Plaintiff present.
Ms. Nasrin Khan advocate for defendant present.
Shri Gandhi, states that despite issue of show cause notice defendant failed to pay the amount of interest and has paid only principal amount.
Ms. Khan, states that defendant is ready to pay the interest amount however, require some time and she further states that on next date defendant will pay the interest amount by way of demand draft.
Hence, by consent matter adjourned to 03/12/2022 making it clear that on failure on part of defendant to pay the interest amount by that date or to bring the D.D. for the interest amount on next date plaintiff will be at liberty to proceed further.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: Plaintiff present.  Her Advocate absent.
None for Defendant.
On request of Plaintiff, adjourned to 15/12/2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Shri Nayan Gandhi advocate for plaintiff present.
Plaintiff present.
Shri Gandhi tendered application for withdrawal of Exe.Application stating that the Decree Holder has received the entire decretal amount from the Judgment Debtor, t.o.r. marked as Exh-K.
In view of this, nothing survives in the Exe.Application and the same stands disposed of as withdrawn, by recalling the warrants of attachment issued in the matter.
Nature Of Disposal: WITHDRAWL
Disposal Date: 15-12-2022

Main Case No: SUMMARY CIVIL SUIT/0100536/2016
Main Cnr: MHCC010053282016
Main Filing No: 113080

Filing Number: 101973/2020
Filing Date: 26-02-2020
First Hearing Date: 09th March 2020
Decision Date: 15th December 2022
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI