Noorudin A. Baxa CC/I/42 of 2010VsLovely Homes Co-Operative Housing Society Ltd. and anr.

Date: 20-03-2019
Business: Shri. Dipti Mehta, advocate for decree holder present. Ms. Mehta states that the Decree Holder expired, and she is intending to take out Chamber Summons in the matter and prays that the present exe.application be referred in the Honourable Court as per assignment. In view of this, the present exe.application hereby submitted to the Honourable Court on 01/04/2019. Office to take steps for assignment of this matter in the Court.
Next Purpose: FOR___________________
Next Hearing Date: 01-04-2019

Date: 01-04-2019
Business: Adv. Amita Band for Plaintiff / Decree Holder Present and filed V.P. is t.o.r. and marked as Exh. 2. Order  filed. She filed Draft Ch/su for adding and deleting his name as a Decree Holder 1(a) by deleting name of Decree Holder no. 1 alongwith support affidavit are t.o.r. Order Leave granted to register Ch/su. None Present for Defendant / Judgment Debtor.
Adjd to 16/07/2019 for tendering original Ch/su
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: Court is on Leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: P.O. is on Training.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Adv for DH Ms.Mehta present.
JD No.3 present.
Adv for JD No.3 Mr.Manik present.
Adv for JD No.3 filed reply to C/S.
Matter is Adjd for C/S Hearing to 28.08.2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Adv for plaintiff Ms.Dipti Mehta present.
None for the defendant.
She stated that adjournment is requested by Adv for deft.
Matter is Adjd for C/S 916/19 Hearing to 05.10.2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: Adv for plaintiff Mr.Khan present.
Adv for deft No.3s Ms.Thakkar present.
Heard Argument of Adv for plff and deft on C/S.
FRSR Following order is passed
1.Chamber Summons No.916/19 is allowed
2.Applicant to carry out amendment within 14 days from the date of this order.
3. Chamber Summons No.916/19 stands disposed of.
Adv for plaintiff to serve copy of amended execution petition on Adv for deft no.3.
Matter is Adjd for Reply to Execution Proceeding to 07.11.2019
Next Purpose: REPLY
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Adv for Applicant Mr.M.A.Khan present.
Deft no.3 present.
Defendant no.3 filed affidavit in reply.
Adv for applicant stated that he has received the copy of reply.
Matter is Adjd for Hearing to 28.11.2019.
Next Purpose: HEARING
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Adv for plaintiff Mr.M.A.Khan present.
Deft no.3 present.
Deft no.3 requested for adjournment. O-Granted Lastly.
Matter is Adjd for Hearing to 07.01.2020.
Next Purpose: HEARING
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv for plaintiff Mr.M.A.Khan present.
Adv for Defendant no.3 Ms.Thakkar present.
Adv for Defendant no.3 requested for adjournment stating that writ petition is filed.
Adv for plaintiff filed copy of order passed in writ petition that
Honble High Court order- It is made clear that no further time shall be granted.  It is further made clear that pendency of this writ petition shall not come in the way of the executing court to proceed with the execution application.
In view of the order of Honble High Court adjournment is rejected.
Adv for Defendant no.3 stated that she is not prepared for argument and prayed for adjournment till tomorrow.
Adv for plaintiff requested to keep day after tomorrow.
Matter is Adjd for Hearing to 09.01.2020.
Next Purpose: HEARING
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Daily Board,
Adv for Applicant Mr.Khan present.
Adv for deft no.3 Ms.Thakkar present.
Exh 03 Adv for deft filed application for adjournment stating that deft no.3 is admitted in Reliance Hospital.
Adv for plaintiff objected for the same.
O-Adjournment is granted for today lastly.
Matter is Adjd for Hearing to 15.01.2020.
Next Purpose: HEARING
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: P.O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Adv for DH Mr.Khan present.
Adv for JD Ms.J.P.Thakkar Present.
Heard Argument of Adv for JD partly.
Adv for JD has produced 2 case laws.
Matter is Adjd for Further Argument to 29.01.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: None present.
L.O.
Adv for JD no.3 Ms.Meenakshi Sahu present.
Adv for JD no.3 filed application for adjournment along with the letter of the advocate having the contents as under
      The above matter partly heard on 29.01.2020 by HHJ Shri Justice Shree. C.V.Bhadang J. and passed order at 1.45 pm that the above Writ Petition be kept for Admission and final disposal on 27.02.2020 (Supplementary Board at 3 pm) and till that decree in subject matter should not be execute.
        Kindly, inform the Court Civil Court to adjourn the matter after 27.02.2020.  At Mumbai on 29th January, 2020.
Matter is Adjd for Further Arguments to 02.03.2020.
L.O.
Adv for plaintiff Mr.Tejas Bhujbal present.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Court is busy dictating Judgment in Suit No.6926/1997.
Hence, Board is discharge.
Adv for plaintiff Mr.Bhujbal present.
Adv for deft no.3 Ms.Thakkar present.
Adv for deft no.3 requested for adjournment stating that writ petition is kept on 12.03.2020 in the Honble High Court
Matter is Adjd for Arguments to 21.04.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: National Lock-down
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Business: Advocate M. A. Khan for the applicant present.
None for the defendant.
Heard Advocate for the applicant.
He is directed to give intimation of the next date of the hearing to other side.
Matter is adjd to 06.10.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 16.01.2021.
Next Purpose: HEARING
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: Adv. M.A Khan for decree holder/plff present.
On oral request of Adv.for plff, adjourned for hearing.
Adjd for hearing on 04.02.2021.
Next Purpose: HEARING
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv. M. A. Khan for decree holder is present.
Adv. J.P Thakkar for respt no. 3/judgment debtor present..
Respt No. 3/Judgment debtor is present.
Both the Ld. Advocates has submitted that they are ready to argue the matter. Matter is KB and will taken up for hearing after the board.
LO at 1.58 p.m.
Both the Advocates requesting for keeping the matter on 09.02.2021.
Adjd for hearing on 09.02.2021.
Next Purpose: HEARING
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: P.O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: None for plaintiff.
Hussain Kagalwala representing defendant no.3 present.
Adjournment application filed by defendant no. 3. TOR. Exh.4. O- For the reasons mentioned adjournment is granted.
Matter adjd for hearing to 12.04.2021.
Next Purpose: HEARING
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: By Pracipe.
NOB.TOB.
Adv. M.A.Khan for applicant present.
Adv.for applicant filed application for preponing the matter T.O.R marked at Exh.5. O- As the pracipe is served upon the judgment debtor, the application is allowed and the date is prepond to 02.03.2021 at morning session. Adv.for decree holder intimate this order to judgment debtor.
Matter adjd to 02.03.2021.
Next Purpose: HEARING
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Adv. Mr. M.A. Khan for DH is present.
Representative of deft. no. 3 is present.
KB
LO 1.22
Adv. Nandesh A. Manek  h/f Adv. J.P. thakkar for deft. no. 3 is  present.
Adv. for the deft. no. 3 has filed an adjournment application t.o.r. marked as Exh. 06.
Order passed on it - other side to say.
Further order an Exh. 6 it is submitted by Adv. Manek that the Adv. for deft. no. 3 will argue the matter on 05.03.2021 at 1.00 p.m. on his statement, the matter is adjd and application Exh. 06 disposed off with the direction that both the parties shall positively argue the matter on that day.
Matter is adjd for argument on 05.03.2021 at 1.00 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: Adv. M.A Khan for decree holder is present.
Adv. Thakkar for Respt no.3/judgment debtor is present.
Heard.
The Ld. Adv.for the judgement debtor has filed the copies of
the status that matter pending before Honble High Court. For convenience purpose marked at Exh.7.
The Ld. Adv.for the Decree holder has also filed compilation of orders. For convenience purpose marked at Exh.8. Considering overall circumstances, matter is adjourned by way of last chance. It be kept on 24.03.2021 for directions.
Matter adjd for directions to 24.03.2021.(Afternoon Session)
Next Purpose: DIRECTIONS
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv. Dipti Mehta for decree holder is present.
Adv. Nandesh Mane for the judgment debtor is present.
The Ld. Adv. for the Decree Holder has placed on record the copy of order passed by Honble High Court dtd. 19.03.2021. In clause 2 of the order it is mentioned that Parties shall not proceed with the Execution Application till the next date of hearing. For the purpose of convenience it is t.o.r marked as Exh.9.
Matter adjd for direction on 19.04.2021 at 2.45 p.m.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 02/08/2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Court is vacant.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Matter called out at 11.10 a.m.
Adv. Ramesh Mandal h/f Adv. M. A. Khan for Decree holder present.
At the request of Adv. Ramesh Mandal for Decree holder.
Matter stands adjourned to 16.09.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Matter called out at 12.09 pm.
Adv. Ramesh Mandal h/f Adv. M. A. Khan for the applicant present.
Adv. Nandesh Manek h/f J. P. Thakkar for defendant no. 3 present.
Adv for j/d pointed out that writ petition no. 5990/2018 is pending before Hon\''ble High Court with respect to same subject matter and interim orders are operating in their favor.  hence
Matter stands adjourned to 22/11/2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Matter called out at 11.18
Adv. Ramesh Mandal h/f Adv. M. A. Khan for Decree holder present.
At the request of adv. of decree holder matter adjourned.
None for defendant.
Matter stands adjourned to 10.03.2022  for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Matter called out at 11.35 a.m.
Adv. M. A. Khan for DH present.
Adv. Nandesh Manek for JDR No.3 present.  He filed adjournment application a/w the order dated 19.03.2021 passed by Hon\''ble High Court. Exh.10.
In view of the order passed by Hon\''ble High court, the parties were directed to not to proceed with the execution till the next date of hearing.
The aforesaid interim orders were extended vide order 14.12.2021 and the hearing was kept on 11.01.2022. The DH to clarify, if he is having any doubt about the extension of the order.
As the other matter of Advocate for DH is fixed on 07.06.2022, he requested to keep the present matter on 07.06.2022.
Matter stands adjourned to 07.06.2022 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: None present for DH.
Adv. Darshan K. for Respondent no.3/JD present. He tendered adjournment application. TOR. Exh.11.
O-granted.
Matter stands adjourned to 25.07.2022 for directions.
Later on at 11.22 p.m.
Adv. M. A. Khan for DH present. He submitted that the stay is
continued in the proceeding before the Hon''ble High Court.
Already adjourned to 25.07.2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: None present.
Put up for clarification regarding the stay by the Honble High Court.
Matter stands adjourned to 04.10.2022 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv. Manek for JD. No.3 present.
None present for DH.
Matter stands adjourned to 14.12.2022 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: Adv. Manek for JD present.
None present for defendant.
Matter stands adjourned to 20.02.2023 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: None for DH.
Adv. Nandesh Manek for JD present. He tendered certified copy of settlement terms dated 20.10.2022 a/w order passed in Writ Petition Order No.5990/2018 with Civil Application No.2420/2018 dated 20.10.2022. TOR. Exh-12 colly.
The JD No.3 present. He tendered the copy of settlement terms and order passed in Writ Petition Order No.5990/2018 by Hon\''ble High Court. As per the settlement terms the DH had agreed to withdraw all the proceeding. However, DH is absent since last two dates. Hence, I am of the view that he do not want to proceed with the EA No.78/19.
Consequently, execution proceeding stands disposed off in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-02-2023

CHAMBER SUMMONS/100916/2019

Registration Number: 100078/2019
Transfer Date: 28-03-2019
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 100078/2019
Transfer Date: 20-07-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 102977/2019
Filing Date: 12-03-2019
First Hearing Date: 20th March 2019
Decision Date: 20th February 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE