Engineering Services and its Partner Rahul Anilbhai Patel SMSTS No. 2586/2017 VadodaraVsProprietor of Deccon Engineer Services R.C. Maladkar

Date: 17-03-2020
Business: Shri Pradeep Naik, Advocate for plaintiff present.
On request of Shri Naik 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: 26-11-2020

Date: 26-11-2020

Date: 13-01-2021
Business: Parties and advocate are absent adjourned to 05/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Parties and advocate are absent adjourned to 09/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Shri Pradeep Naik advocate for plaintiff present.
On request of Shri Naik issue notice u/o.XXI Rule 22, of CPC returnable on 15/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: Today being declared holiday, adjourned to 29/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: In view of directions vide Office Order No.120 of 2021, matter adjourned to 01/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Shri Pradeep Naik  advocate for plaintiff present.
On request of Shri Naik matter adjourned to 14/10/2021, for completing service.
Next Purpose: FOR___________________
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Parties and Advocate absent matter adjourned to 29/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 29-11-2021

Date: 29-11-2021

Date: 21-01-2022

Date: 09-02-2022
Business: In view of Office Order No.22 of 2022, matter adjourned to 19/03/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Shri Pradeep Naik, advocate for plaintiff present.
None for defendant.
Exe.Application marked as Exh-A(Colly).
Shri Naik has tendered affidavit of service, proving service,  t.o.r., marked as Exh-B.
On request of Shri Naik, for taking further steps, matter adjourned to 31/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Shri Pradeep Naik, Advocate for plaintiff present.
None for defendant.
Shri Naik, prays for issue of warrants u/o.XXI, Rule 43 and 54 of CPC, as prayed for in the execution application, by making the notice absolute as the defendant though served neither appeared nor file any reply.
Shri Naik further states that the properties sought to be attached belongs to defendant and free from all the encumbrances.
Hence, upon perusing affidavit of service, notice issued against defendant is hereby made absolute and issue warrants as prayed for returnable on 27/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Shri Pradeep Naik advocate for plaintiff present.
On request of Shri Naik, matter adjourned to 04/08/2022, for compliance of order dated 31/03/2022, in respect of issuance of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Shri Sagar Batavia, advocate for plaintiff present.
Order of issuance of warrants passed on 31/03/2022 is not yet complied and on request of Shri Batavia, adjourned by way of last chance to 06/09/2022, for compliance of the order dated 31/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Shri Pradeep Naik, advocate  for plaintiff present.
On request of Shri Naik, matter adjourned to 19/10/2022, by extending the returnable date of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Shri Pradeep Naik, Advocate for plaintiff present.
Ms. Chitra Kurade, Advocate for defendant present.
Shri Naik states that the warrants of attachment have been executed and on next date he will tendered original warrants with bailiff reports, Sheriff Certificate and will file affidavit of Plaintiff in support of issue of warrant of sale.
Ms. Kurade states that on next date she will file Vakalatnama for defendant.
Shri Naik states that as the warrants have already been executed he may be allowed to proceed further.
Hence, on request of Shri Naik for taking steps, adjourned to 24/11/2022.
Next Purpose: FOR___________________
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: Shri Pradeep Naik, advocate for plaintiff present.
Bailiff report bearing No.RRY/BCCW/387/2022/1089/2022 dated 18/10/2022 received in this office vide inward No.12759, date 20/10/2022, t.o.r and marked as Exh.C.
Shri Naik has tendered original warrant U/o.XXI, Rule 43 and 54 of CPC with bailiff report pasted thereon t.o.r and marked as Exh.D and E respectively.
As per bailiff report warrant U/o.XXI, rule 43 could not be executed.
Shri Naik prays for issue of warrant of sale in respect of immovable property under attachment and has tendered affidavit of plaintiff in support of the same t.o.r and marked as Exh.F.
Upon hearing Shri Naik, and upon perusing the affidavit, issue warrant of sale returnable on 24/02/2023, before the Honourable Court as may be assigned.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Adv. Pradeep Naik for DH present on his request returnable date of warrant of sale is extended till next date.
Matter is adjd on 17-04-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Adv. Sagar Sheth for DH present and submits that warrant for sale is expired and seeks extension.
Adv. for JD present and tendered V/P. TOR and marked as Exh. 2. He  also tendered draft Nm along with supporting affidavit. O- Leave is granted to register the same.
Adv. for JD further submits that JD is ready to deposit an amount of Rs 4 lacks  in the Court within 10 days. Office to accept amount if deposited by JD. Prayer of extension of warrant of sale is put up for order on next date.
Copy served upon other side.
Matter is adjd on 29-04-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Adv Pradip Naik for DH present
Adv Sagar and Nikita Shetty for JD present and tendered Registerd NM 1570/2023 alongwith supporting affidavit TOR
Adv for JD submits that JD has deposited amt of Rs. 4 lacs in the court. Endorsement on the noting indicates that DD dt. 25.04.2023 for Rs. 4 lacs is received on dt. 26.04.2023.
In view of the deposit of amount made by JD, warrant of sale is stayed till next date.
Adv for DH seeks time to file reply on NM.
Matter is adjd on 01.07.2023 for Compliance
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for DH.
Adv.Sagar Sheth a/w Adv.Nikita Sheth for JD present.
Earlier order if, any to continue till next date.
Matter is adj to 09/08/2023 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2023

Date: 09-08-2023

Date: 29-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy hearing of other matters, dictating judgment and orders hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
Adv.Pradip Naik for DH/plaintiff present.  He filed reply on N/M No.1570/2023 T.O.R
Adv. Jayesh Rathod i/b Adv.Nikita Sheth for JD/defendant present.
Matter is adj to 21/12/2023 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for DH/plaintiff.
Adv.Sagar Sheth for JD/defendant present.
Copy of N/M reply served upon defendant.
Matter is adj to 07/02/2024 for argument on N/M.
Later on at 3.47pm
Adv.Pradip Naik for DH/plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff/DH.
Adv.Sagar Sheth i/b Adv.Nikita Shete for JD/defendant present.  he seeks time to argue on N/M.  Defendant is granted time till next date.
Matter is adj to 25/06/2024 for hearing on N/M.
Later on 4.29pm
Adv.Sagar Batavia for DH/plaintiff present.  He undertakes to inform to the JD as to change of the date.
Matter is adj to 04/03/2024 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Pradip Naik for DH/plaintiff present.
Adv.Sagar Sheth i/b Nikita Sheth for JD/defendant present.
Both parties are present along with the advocates.  They filed pursis marked as Exhibit-3.  Both of them admit contents of the pursis.  Thus there is no hurdle to accept the pursis.  Accordingly EA No.161/2020 is disposed off as decree is fully satisfied.  In view of pursis DH is permitted to withdraw an amount of Rs.4,00,000/-(Four Lakhs Only) as stated in the pursis deposited in the court on 25/04/2023.  According EA No.161 of 2020 and Notice of Motion No.1570/2023 are disposed off.
Nature Of Disposal: WITHDRAWL
Disposal Date: 04-03-2024

NOTICE OF MOTION/101570/2023

Registration Number: 100161/2020
Transfer Date: 30-11-2022
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Filing Number: 102248/2020
Filing Date: 03-03-2020
First Hearing Date: 17th March 2020
Decision Date: 04th March 2024
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE