Date: 27-03-2019
Business: Shri. Viraj Kandpile, advocate for plaintiff present. Shri. Kandpile, agrees for issue of notice before execution, as the exe.application is for execution of Consent Decree. Hence, on request of Shri. Kandpile, issue notice returnable on 04/04/2019. On request of Shri. Kandpile, short service is allowed.
Next Purpose: FOR___________________
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Business: Ms. Shiny Roy, advocate for plaintiff present. On request of Ms. Roy, for completing service, adjd to 20/04/2019. On request of Ms. Roy short service by Humdast is allowed.
Next Purpose: FOR___________________
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Shri. Viraj Kandpile, advocate for the decree holder present. Ms. Martina Sapkal, advocate for Judgement Debtor present. Exe,application marked as Exh.A (Colly). Ms. Sapkal has tendered Vakalatnama for Judgment Debtor, taken on record and marked as Exh. B. Ms. Sapkal states that preseent exe.application is not maintainable and seeks time to file reply stating that, she has not received the copy of entire exe.application. Copy of entire exe.application has been served upon Ms. Sakpal across the bar by the advocate for the decree holder. For reply of the Judgement Debtor, by consent, adjd to 04/05/2019.
Next Purpose: FOR___________________
Next Hearing Date: 04-05-2019
Date: 04-05-2019
Business: Shri. Viraj Kandpile, advocate for the Plaintiff present. Shri. Abhishek Shukla, advocate for the Defendant present. Shri. Shukla seeks time to file reply. Shri. Kandpile states that he will take appropriate steps for issue of orders on next date. Hence, by consent, adjd to 03/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 03-06-2019
Date: 03-06-2019
Business: Shri. Viraj Kandpile, advocate for the decree holder present. Shri. Abhishek Shukla, advocate for the Judgment Debtor present. Shri. Shukla has tendered affidavit in reply of Judgement Debtor, taken on record and marked as Exh.C. Copy of the same, has been served upon the advocate for the decree holder across the bar. Shri. Kandpile states that, he is not filing rejoinder to the reply tendered today and submits that the matter may be referred to the Honourable Court as become contested. Hence, matter is hereby submitted to the Honourable Court as per assignment on 07/06/2019. Office to take steps to assign this matter to the Honourable Court. Parties and advocates to appear before the Court, as may be assigned, on 07/06/2019
Next Purpose: FOR___________________
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Adv. Viraj Kandpile for applicant present.
None present for respondent.
Adjd. to 04/07/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: None present for applicant.
Adv.Abhishek Shukla for respondent is present.
Adjd. to 31.07.2019 for Hearing.
Later on
Adv.Viraj Kandpile for applicant is present.
Adjd. to 31.07.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: Adv. Mr.Viraj Kandpile for applicant is present.
Adv. Mr.Abhishek Shukla for respondent is present.
Adjd. to 13.08.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Adv. Mr.Viraj Kandpile for applicant/defendant is present.
Adv. Ms.Martina Sankpal for respondent/plaintiff is present.
Husband of respondent Mr.Stanely Palana is present.
KB
Later on at 02.45 pm.
Adv. Mr.Viraj Kandpile for applicant/defendant is present.
None present for respondent/plaintiff.
Adjourned to 14.08.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: Husband of applicant Mr.Stanley Palanna is present.
Adv. Ms.Martina Sankpal for respondent/plaintiff is present.
Advocate for respondent tendered draft chamber summons for stay the execution application.
It be registered. Copy be supplied to other side.
KB
Later on
Adv. Mr.Viraj Kandpile for applicant/defendant is present.
Adv. Ms.Martina Sankpal for respondent/plaintiff is present and filed registered chamber summons No.1507/19.
Registered copy of chamber summons served to other side.
Heard arguments of both side advocates on chamber summons and execution application.
Also heard argument in reply.
Adjourned to 04.09.2019 for Order on Chamber summons and execution application.
Principal Judge,
Gr. Mumbai.
Later on at 04.55 pm
Adv. Mr.Viraj Kandpile for applicant/defendant is present and filed compilation of documents. TOR and marked as Exh.D Colly.
Copies already served to other side.
Already adjourned to 04.09.2019 for Order on Chamber summons and execution application.
Next Purpose: ORDER
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Business: None present for applicant.
Adv. Abhishek Shukla i/b Adv. Martina Sankpal for respondent is present.
As the Court is busy in dictating Judgment in SC No.60/17, adjourned to 13.09.2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: None present for applicant.
Husband of respondent is present.
Adv. Abhishek Shukla i/b Adv. Martina Sankpal for respondent is present.
As stenographer is on leave, adjourned to 21.09.2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 21-09-2019
Date: 21-09-2019
Business: THE HONBLE PRINCIPAL JUDGE IS ON LEAVE.
Mr. Ramchandra Mali C.A. of applicant/defendant in execution application and respondent in chamber summons.
Adv. Priyanka Gaonkar h/f Ms. Arun Sakpal and Co. for plaintiff/respondent in execution application and applicant in chamber summons present.
Adjourned to 26.09.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: P.O. HAS BEEN TO SUPREME COURT FOR OFFICIAL WORK.
Adv. Viraj Kandpile for applicant/defendant in execution application and respondent in chamber summons.
Adv. Priyanka Gaonkar h/f M/s. Arun Sakpal and Co. for plaintiff/respondent in execution application and applicant in chamber summons present.
Adjourned to 10.10.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Adv. Viraj Kandpile for applicant/defendant is present.
Adv. Abhishek Shukla i/b Arun Sakpal and Co for respondent/plaintiff is present.
F.R.S.R. Following order passed on Chamber Summons.
ORDER
Chamber Summons No.1507/19 stands dismissed.
The judgment debtor viz. Smt.Premlata Stanley Palanna who was plaintiff in S.C. Suit No.1540/15 is hereby directed to comply the Consent Terms and pay the balance consideration amount of Rs.61,50,000/- within one month from today failing which the Execution Application shall be proceeded in accordance with law.
Adjourned to 13.11.2019 for Hearing on Execution Application.
Next Purpose: HEARING
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Shri. Viraj Kandpile, advocate for Decree Holder present. None for Judgment Debtor.
Matter is NOB, TOB as per directions of Honourable Principal Judge vide roznama dated 13/11/2019.
Shri Kandpile states that the JD has not complied with the Order dated 10/10/2019 passed by the Honourable Principal Judge and seeks time till tomorrow to file affidavit to that effect. Hence, on request of Shri Kandpile adjd to 14/11/2019.
Next Purpose: HEARING
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Shri. Viraj Kandpile, advocate for Decree Holder present.
None for Judgment Debtor.
Shri. Kandpile has tendered the affidavit of the applicant/original defendant of non-payment of decreetal amount by the judgment debtor, t.o.r. and marked as Exh-D.
On request of Shri. Kandplile, for taking further steps, adjd to 15/11/2019.
Next Purpose: HEARING
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Shri.Viraj Kandpile, advocate for the decree holder present.
Shri. Sanjay Rego, advocate for the judgment debtor present.
Shri. Kandpile prays for issue of warrants of attachment as the judgment debtor has not complied with the order dt.10/10/2019 passed by the Honourable Principal Judge while disposing off the Chamber Summons no.1507/2019.
Shri. Rego seeks time to make payment.
Shri. Kandpile strongly object, stating that the Honourable Principal Judge has clearly mentioned in the order dt.10/10/2019, on failure of the judgment debtor to pay the balance consideration amount of Rs.61,50,000/- within one month from the date of order, the exe.application shall be proceeded in accoudance with law.
Shri. Rego, states that the matter may be kept back till 4.30p.m. in order to seek extension from the Honourable Principal Judge to which Shri. Kandpile has no objection. Hence, by consent, kept back till 4.30p.m.
At 4.30p.m. Shri.Viraj Kandpile, advocate for the decree holder present.
Shri. Sanjay Rego, advocate for the judgment debtor present.
Shri. Rego states that he has not obtained any order from the Honourable Principal Judge.
Hence, Shri. Kandpile prays that warrants of attachment be issued and he further states that properties sought to be attached belongs to the judgment debtor and free from all the encumbrances.
Hence, issue warrants as prayed for, returnable on 20/01/2020.
Next Purpose: HEARING
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Shri. Viraj Kandpile, advocate for the decree holder present.
Shri. Sanjay Rego, advocate for the judgment debtor present.
Shri. Kandpile states that the Review Petition filed by the Judgment Debtor is pending before Court No. 19.
Inventory bearing no.VNKT/A-56674/1863/2019, dt. 21/12/2019, under this office inward no.73, dt.02/01/2020, t.o.r. and marked as Exh-D.
Under this circumstances, as the Review Petition is pending before the Honourable Court, considering the Provisions of Rule 174, of Bombay City Civil Court Rules, 1948, it will be appropriate to refer the present exe.application before the Honourable Court No.19, today itself, to which Shri. Kandpile consents.
In view of this, exe.application is hereby submitted to the Honourable Court No.19, today itself in the afternoon session.
Office to take steps to assign the matter to the Honourable Court No.19
Parties and Advocates to appear before the Honourable Court No.19 today itself in the afternoon session.
Next Purpose: HEARING
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Ms. Shainy Roy, advocate for the decree holder present. Decree holder also present.
Matter is taken on board by way of praceipe, marked as Exh-E.
On request of Ms. Roy, for taking further steps, for issue of warrant of sale, adjd to 15/02/2020.
Later on Ms. Niti, Advocate for judgment debtor appeared and she has been informed about the next date.
Next Purpose: HEARING
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Shri. Viraj Kandpile, advocate for the Decree Holder present. Decree holder present.
Shri. Sanjay Rego, advocate for the judgment debtor present.
Shri. Rego has tendered affidavit in reply with the warrant of attachment of the immovable property, t.o.r. and marked as Exh-G.
Shri. Kandpile has tendered the application for issue of warrnat of sale in respect of movable property, t.o.r. and marked as Exh-H.
Shri. Kandpile has also tendered application for amendment in respect of immovable property, t.o.r. and marked as Exh-I.
Copies of the same have been served upon each other across the bar.
Shri. Rego, advocate for the judgment debtor states that the judgment debtor is ready for settlement and he assures to keep present the judgment debtor before the Court on next date.
Hence, by consent, adjd to 20/02/2020, for settlement.
Both the parties are at liberty to file reply and rejoinder to the applications and affidavit filed today.
Next Purpose: HEARING
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Shri. Viraj Kandpile, advocate for the decree holder present. Decree Holder present.
Shri. Sanjay rego, advocate for the Judgment Debtor present. Judgment Debtor present.
Discussed and for placing on record, terms of settlement, by consent, adjd to 21/02/2020.
Next Purpose: HEARING
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Shri. Viraj Kandpile, advocate for the decree holder present. Decree Holder present.
Shri. Sanjay Rego, advocate for the Judgment Debtor present. Judgment Debtor present.
Shri. Rego has tendered statement of amount towards the suit premises, showing therein that the decreetal amount of Rs.60,00,000/- to be paid in favour of the decree holder on or before 31/05/2020, t.o.r. and marked as Exh-J.
He has also handed over post dated cheque bearing no.115457, dt.27/03/2020, drawn on Raigad Sahakari Bank Ltd., Kalachowki Br., for the amount of Rs. 5,00,000/- in favour of decree holder.
Judgment debtor seeks time to approach the Bank for sanction of loan and by consent, adjd to 17/03/2020.
Next Purpose: HEARING
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Parties and Advocate absent.
Matter adjd to 24/04/2020.
Next Purpose: HEARING
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Next Purpose: HEARING
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Next Purpose: HEARING
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Parties and advocate are absent adjourned to 18/01/2021.
Next Purpose: HEARING
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Shri Viraj Kandpile, Advocate for Decree Holder present.
None for Judgment Debtor.
Shri Kandpile states that despite assurance given by Judgment Debtor for settlement, J/d has not taken any steps in that regard.
Shri Kandpile therefore prays that his application dated 15/02/2020 for amendment be allowed, in order to proceed further in the matter, stating the said application has been served upon J/D., no reply is filed thereon till today.
Hence, upon hearing Shri Kandpile, amendment application dated 15/02/2020 (Exh-I) is allowed. Amendment be carried out by 01/02/2021. For further directions, adjourned to 02/02/2021.
Next Purpose: HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Ms. Vibha Kalambkar advocate for Jd present.
None for Decree Honlder.
On request of Ms. Kolambkar matter adjourned to 30/03/2021.
Next Purpose: HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Ms. Shiny Roy advocate for decree holder present.
None for JD.
On request of Ms. Roy matter adjourned to 15/04/2021, for taking further steps.
Next Purpose: HEARING
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: Today being declared holiday, adjourned to 29/06/2021.
Next Purpose: HEARING
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 07/07/2021.
Next Purpose: HEARING
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Shi Viraj Kandpile, Advocate for Decree Holder present. None for Judgment debtor.
Shri Kandpile submits that there is urgency in the matter and has tendered application for issue of warrants of attachment of moveable and immovable properties of Judgment debtor, t.o.r. and marked as Exh-K.
Upon hearing Shri Kandpile considering the urgency stated by him, further stating that the properties sought to be attached belongs to and in possession of Judgment Debtor, issue warrants of attachment of moveable and immovable properties of Judgment Debtor U/o.XXI, Rule 43 and 54 of CPC, returnable on 06/09/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Parties and Advocate absent.
As Court is on leave, board discharged and matter adjourned to 17/09/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Shri Viraj Kandpile, Advocate for Decree Holder prsent.
As Court is on leave, board discharged and matter adjourned to 18/09/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Shri Viraj Kandpile, Advocate for Decree Holder prsent.
Shri Kandpile tendered original warrants u/o.XXI Rule 43 and 54 of CPC with bailiff report pasted thereon, t.o.r. marked as Exh-L and Exh-M respectively.
Awaiting inventory/bailiff report, matter adjourned to 08/10/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Shri Viraj Kandpile advocate for decree holder present.
On request of Shri Kandpile for taking further steps for issue of warrant of sale matter adjourned to 21/10/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Date: 25-01-2023
Business: Shri Viraj Suresh Kandpile, advocates for Decree Holder present.
Shri Kandpile submits that decree holder wants to withdraw the Exe.application for the reasons as mentioned in the Misc.application further stating that as the execution application was disposed of after issuing warrant of sale, by keeping the warrant of sale alive and therefore prays that the execution application be restore to file and then be withdrawn as prayed for.
Hence, upon hearing Shri Kandpile and upon perusing the Misc.application, execution application No.82 of 2019 is restored to file and stands disposed of as withdrawn.
As such upon withdrawal of execution application, warrant of sale issued in the execution application becomes infructuous.
Misc.application stands disposed of as allowed in terms of prays clause (a) and (b) and Exe.application stands disposed of as withdrawn.
Nature Of Disposal: WITHDRAWL
Disposal Date: 25-01-2023
Date: 25-01-2023
Business: Shri Viraj Suresh Kandpile, advocates for Decree Holder present.
Shri Kandpile submits that decree holder wants to withdraw the Exe.application for the reasons as mentioned in the Misc.application further stating that as the execution application was disposed of after issuing warrant of sale, by keeping the warrant of sale alive and therefore prays that the execution application be restore to file and then be withdrawn as prayed for.
Hence, upon hearing Shri Kandpile and upon perusing the Misc.application, execution application No.82 of 2019 is restored to file and stands disposed of as withdrawn.
As such upon withdrawal of execution application, warrant of sale issued in the execution application becomes infructuous.
Misc.application stands disposed of as allowed in terms of prays clause (a) and (b) and Exe.application stands disposed of as withdrawn.
Nature Of Disposal: WITHDRAWL
Disposal Date: 25-01-2023