Date: 29-03-2019
Business: Miss. Sana Khan, advocate for decree holder present. As the exe.application is in the matter of Consent Decree, Ms. Khan agrees for issue of notice to the Judgement Debtor. Hence, issue notice against the Judgement Debtor/Plaintiff, returnable on 01/04/2019. On request of Ms. Khan, short service by humdast is allowed.
Next Purpose: FOR___________________
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Miss. Sana Khan, advocate for decree holder present. Shri. Shailesh Pal, advocate for the Judgement Debtor present. Ms. Khan seeks time to complete service. Shri. Pal undertakes to file Vakalatnama by next date and by consent, adjd to 18/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Miss. Sana Khan, advocate for decree holder present. Shri. Shailesh Pal advocate for Judgement Debtor present. Shri.Pal has tendered Vakalatnama of Pratap Singh, advocate for Judgement Debtor, taken on record and marked as Exh.2. Copy of execution has been served upon advocate for Judgment Debtor across the bar by the advocate for decree holder. Shri. Pal seeks time to file reply and by consent, adjd to 10/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 10-06-2019
Date: 10-06-2019
Business: Shri. Kafil Khan, advocate for the Plaintiff present. Shri. Shailesh Pal, advocate for the Defendant present. Shri.pal seeks time to file reply. Shri. Khan, objects and prays for issue of warrant of attachment. However, as the advocate for defendant has appeared and seeks time to file reply, in the interest of Justice, time granted to file reply by way of last chance, making it clear that, if no reply is filed on next date, appropriate orders will be passed. By Consent, adjd to 10/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Business: Shri. Kafil Khan, advocate for the Plaintiff present. Shri.Pratap Singh, advocate for the defendant present. As Court is on leave, board discharged and adjd to 17/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Business: Ms. Sana Khan, advocate for the Decree Holder present. Shri. Pratap Singh, advocate for the Judgment Debtor present. By consent, adjd to 29/07/2019, at 5.00p.m.
Next Purpose: FOR___________________
Next Hearing Date: 29-07-2019
Date: 29-07-2019
Business: Shri. Kafil Khan, advocate for the Decree Holder present. Shri. Shailesh Pal, advocate for Judgment Debtor present. Shri. Pal has tendered the affidavit in reply of the Judgment Debtor, taken on record and marked as Exh. 03. Decree holder has handed over calculation sheet in respect of decreetal amount with interest to the advocate for the Judgment debtor. Advocate for the Judgment debtor seeks time to go through the said calculation and to take instruction from his client. Hence, by consent, adjd to 09/08/2019, at 4.00 p.m.
Next Purpose: FOR___________________
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Shri. Kafil Khan, advocate for the Decree Holder present. Shri. Shailesh Pal, advocate for Judgment Debtor present. Shri. Kafil Khan prays for issue of warrants of attachment. Shri. Pal states that the Judgment Debtor is agree for the settlement and undertakes to keep the Judgment Debtor present before the Court on next date. In view of this development, by consent, adjd to 20/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Ms. Sana Khan, advocate for the decree holder present. Shri. Shailesh Pal, advocate for judgment debtor present. Ms. Khan has tendered the amendment application to add immovable property of the Judgment Debtor, taken on record and marked as Exh. 04. Copy of the application has been served upon advocate for the judgment debtor across the bar. Upon perusing the application and upon hearing Ms. Khan amendment application allowed. Shri. Pal states that he is taking out appropriate proceeding in the matter before the Honourable Court and prays that as the Judgment Debtor has already filed reply, matter may be referred to the Honourable Court. Ms. Khan has no objection. Hence, the matter is hereby submitted to the Honourable Court on 28/08/2019 as per assignment. Office to take steps to assign this matter to the Honourable Court. Parties and advocate to appear before the Court as may be assigned on 28/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: C.A. Lalit Joshi for D Hr present.
Adv. Kapil Khan for D Hr present.
Adv.Pal for J Dr present.
Heard both sides
Learned counsel for J Dr submitted draft chamber summons supported by an affidavit. He undertakes to serve the other side. Leave granted to registered Chamber summons.
Learned counsel for D Hr undertakes to serve the J Dr with amended copy of the execution application.
Matter stands Adj to 16/09/2019 for submitting original CS and reply to CS.
Next Purpose: C/S REPLY
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Mr. Lalit Joshi CA of DH present.
Adv. Sana Khan for DH present and filed reply to CS no. 1638/19. Copy served on other side.
Adv. Pal for JD present and filed original CS no. 1638/19. Copy served on other side. He also filed additional affidavit in reply to amended EA. TOR.
Heard both sides.
Ld. counsel for DH submitted that the JD should remain present before the court on next date to make the statement as to when the payment will be made in respect of amount which is not disputed but only instalments are sought.
Ld. counsel for JD submitted that he wants to file rejoinder to the reply to CS no. 1638/19 on next date. Time granted with directions to supply copy of rejoinder to other side in advance.
In view of the above, JD is directed to remain present on next date for making statement before the court.
Matter stands Adj for appearance of JD at 4.30 pm and for rejoinder to 04.10.19.
Next Purpose: REJOINDER
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: CA of D. H. present.
Adv. Sana Khan for DH present.
Adv. Pratap Singh for JD present.
By Consent, Matter stands Adj for hearing to 09.10.19 at 4.00 pm.
Next Purpose: HEARING
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: POA of DH / Plaintiff present.
Adv. Qureshi for DH / plaintiff present.
Adv. Pratap Singh for JD / Applicant in CS present.
Heard both sides. The JD was directed to appear before the Court and make a statement. But today, the JD is absent.
Ld. counsel for the JD Sought time. Time granted as a last chance . Ld. counsel for the JD is permitted to file rejoinder , if any, on the next date. Copy be Served on the other side in advance.
Matter stands Adj for appearance for JD and hearing on CS.to 18.10.2019 at 4.30PM.
Next Purpose: C/S HEARING
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: POA Shri. Lalit Joshi authorised representative of DH (original defendant) present.
Adv. Sanna Khan for DH(original defendant) present.
Shri. Pramod Pisal, JD (original plaintiff) present.
Adv. Shailesh Pal for JD(original plaintiff) present and filed rejoinder to the reply filed by the DH(Original defendant). Ld. counsel for JD submitted that she do not want to file further rejoinder to the same, reply file is exhaustive.
Shri. Pramod Pisal, JD (original plaintiff) as per directions of the court dated 09.10.2019. He made statement before the court regarding the way in which consent decree can be satisfied. Heard both the parties and their advocates. In view submissions made before the court, both the original plaintiff and defendant are directed to remain present before the court to facilitated the mode and manner in which decree can be satisfied by the JD. In meanwhile. parties are liberty to negotiate and consider the possibility of settlement out of the court, but no directions are given in that regard.
Matter stands Adj for hearing to 07.11.2019.
Next Purpose: HEARING
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: None present for DH and JD.
Keep back at 4.30 pm
Later on at 5.30
DH and JD present.
Shri Lalit Joshi, POA of DH also present.
Adv. Sanna Khan for DH present.
Adv. Pratap singh for JD present.
Heard both sides.
It is submitted on behalf of JD that he requires time to find out the mode and manner in which decree can be satisfied. The DH submitted that he do not want satisfaction of decree in any other form i.e. immovable property etc.
After hearing both the sides, I am of the view that both the sides can given some time to find out whether there is any possibility of settlement and to what extend JD can satisfy the decree in instalment agreeable to both sides.
Ld. counsel for both the sides are at liberty to negotiate and the consider the possibility of settlement between the parties at their level by using their good office. Accordingly time is granted.
Matter stands Adj for hearing/reporting settlement to 06.12.19 at 4.00 pm.
Next Purpose: HEARING
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: CA of DH present.
Adv. Sanna Khan for DH present.
Adv. Pratap Singh for JD present.
Ld. counsel for the DH submitted that as per the orders of the court dated 07.11.19 efforts of settlement were to be made between the parties. Meetings were proposed on 30.11.2019, 02.12.2019 and 03.12.2019 but, meetings could not take place. On the first two dates meeting was not held. On the last day i.e. on 03.12.19 both the counsels and CA of DH were present. but the counsel for JD was not ready to give in writing the proposal for settlement. The CA of DH is insisted there has to be something black and white. Ld. counsel for JD submitted that before arriving at the settlement, there can be exchange of draft proposals and a common platform where compromise can be arrived at by the parties. Therefore, he suggested that let the JD remain present before the court on next date along with his draft proposal of settlement, which can be considered and negotiated by other side.
Ld. counsel for DH has no objection to the above suggestion.
In view of the above, Matter stands Adj for settlement to 15.01.2020 in morning session.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Adv. Kafil Khan for DH present.
None present for JD.
KB to 12.30 pm
LO at 12.45 pm
Matter is again called out.
Mr. Lalit Joshi POA of Decree Holder present.
Adv. Kafil Khan for DH present.
None present for JD.
Heard Ld. counsel for DH. He submitted that nothing has come from JD in writing regarding compromise. It appears that JD is not interested to settle the matter.
On oral request of Ld. counsel for DH, Matter kept back at 4.30 pm.
Later on at 5.15 pm matter is called out.
Mr. Lalit Joshi POA of Decree Holder present.
Adv. Sana Khan for DH present.
Adv. Lalita Rajguru for JD present and sought time on behalf of JD for satisfying the decree. The above request is strongly opposed by the DH. The oral request of JD for grant of time is rejected.
Matter stands Adj for hearing on Execution application to 03.02.2020 at 4.00 pm.
Next Purpose: HEARING
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv. Kapil Khan for DH present.
Adv. Lalita Rajguru h/f Pratap Singh for JD present and filed application for adjournment and she submitted that her senior is suffering from illness and unable to attend the court today and sought short adjournment.
Application for adjournment on health ground submitted by Ld. counsel for JD.
After hearing both the sides, Ld. counsel for DH submitted that considering the ground stated in the application, he has no objection for short adjournment. Short adjournment granted.
Matter stands Adj for hearing to 07.02.2020 at 4.00 pm.
Next Purpose: HEARING
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: CA of DH present
Adv. Khan for DH present.
JD present.
Adv. Pratap Singh for JD present and submitted that he had talk with JD regarding the possibility of taking some positive decision for settlement to satisfy the decree. The JD has come out with a proposal to pay Rs. 10,00,000/- P.M. to DH towards satisfaction of decree. Ld. counsel for DH after consultation with the CA of DH, declined the offer as meagre amount.
After discussion with their respective clients, The Ld. counsels made their submissions. It appears that if the JD is in a position to arrange for payment of Rs. 90,00,000/- in equal instalments within six months by giving post dated cheques to DH, that proposal may be acceptable to the DH subject to review after six months and the possible enhancement in the instalments thereafter.
In view of the above, on oral request of Ld. counsel for both the side one week time is granted to both the parties to submit the possible terms of settlement on next date.
Matter stands Adj for settlement to 15.02.2020 at 4.30 pm.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Lalit Joshi, POA for DH present.
Adv. K. Khan with Adv. Sanna Khan for DH present.
Adv. Pal h/f Pratap Singh for JD present.
Heard both sides.
The Ld. counsel for DH submitted a draft of terms of settlement as per the understanding, which was arrived at before the court on 07.02.2020. I have perused the draft Consent Terms.
Draft of Consent Terms taken on record.
The JD and his advocate submitted that they have some reservations/objections regarding annexure 1- A and B filed with the draft Consent Terms. It was also requested on behalf of JD that DH should give some concession in first five instalments and reduce the instalment amount. Ld. counsel for DH has strongly opposed the said request.
In view of the above, Keep the matter for further hearing and finalisation of draft of terms of settlement. Both the parties and their counsels are directed to remain present on the next date.
Matter stands adjn to 17.02.2019 at 4.00 pm.
Next Purpose: SETTLEMENT
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Lalit Joshi, POA for DH present.
Adv. K. Khan for DH present.
Defendant present.
Adv. Pratap Singh for defendant present.
Heard both sides.
The Ld. counsel for JD submitted a fresh draft of terms of settlement prepared by JD. I have perused the draft Consent Terms submitted by JD. Draft of Consent Terms submitted by JD is taken on record.
It was submitted by Ld. counsel for DH that the proposed draft of terms submitted by JD as it is are not acceptable to DH. The JD should increase the amount of the first six installment or should increase the amount of subsequent instalments, so as to reduce the period of payment and make the total payment in 17 or 18 instalments.
In view of the above, Keep the matter for preparing final draft of Consent Terms tomorrow. Both the parties and their counsels are directed to remain present on the next date.
Matter stands adjn for settlement 18.02.2020 at 4.00 pm.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Lalit Joshi, POA for DH present.
Adv. K. Khan for DH present.
JD present.
Adv. Pratap Singh for JD present.
Heard both sides.
The Ld. counsel for JD submitted that the consent terms have been almost settled by the parties and can be finalised.
However, he submitted that there has been subsequent development after negotiation between the parties and submissions made before the court on the last date. The POA of DH Mr. Lalit Joshi had sent an email to the JD making some defamatory allegations and it was also forwarded to Ld. counsel for both the sides. The email sent by POA of DH Mr. Lalit Joshi is most unfortunate and the JD is hurt by the same. He submitted that POA of DH Mr. Lalit Joshi should tender his unconditional apology in writing to the court and the JD.
After hearing both the sides regarding the effect and consequences of email, POA of DH Mr. Lalit Joshi orally tendered his apologies to the JD before the court and expressed his regrets for his act. He also tendered a written apology to the court. The Ld. counsel for JD sought some correction in the written apology. Accordingly, corrections were made by the POA of DH Mr. Lalit Joshi and apology letter is taken on record and the issue of email is closed
Apology letter filed by POA of DH Mr. Lalit Joshi.
In the further hearing regarding terms of settlement, Ld. counsel for JD submitted a fresh draft of terms of settlement prepared by JD. I have perused the draft Consent Terms submitted by JD. Draft of Consent Terms submitted by JD is taken on record.
Ld. counsel for both the sides agreed that they will submit final draft of Consent Terms on next date. Therefore, both the parties and their counsels are directed to remain present on the next date.
Matter stands adjn for settlement to 25.02.2020
Next Purpose: SETTLEMENT
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Mr. Lalit Joshi, POA of plaintiff present.
Adv. K. Khan for DH present and filed draft Consent terms.
Adv. Pratap Singh for JD present and submitted that today JD is not able to attend the court, as he has gone to his native place. However, he submitted that terms of settlement have been almost agreed by the parties and can be finalised on next date.
Matter stands Adj for settlement to 28.02.2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Mr. Lalit Joshi, POA of DH present and
Adv. K. Khan for DH present.
JD and his counsel are absent till 4.55 pm.
Heard Ld. counsel for DH. He submitted that draft of terms of settlement has been already filed on record, but today JD and his counsel are not present and matter is being delayed. Hence, last chance may be given to the JD to remain present on 02.03.2020.
In view of the above submissions, last chance granted to the JD to remain present on 02.03.2020 at 4.00 pm positively along with his counsel, failing which court will proceed for passing orders on merits in the execution proceedings.
Matter stands Adj for settlement/hearing on merits to 02.03.2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Mr. Lalit Joshi, POA of plaintiff present.
JDR present.
Adv. K. Khan for DH present.
Adv. Pratap Singh for JD Present.
Heard both sides after ld. counsels had perused the draft of the terms of settlement placed on record.
The terms and conditions have been agreed by both the sides. However, some changes are required to be made in the final draft. of settlement to be placed on record.
By consent of parties, Matter stands Adj for settlement to 03.03.2020 at 4.00 p.m.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Lalit Joshi, POA for DH present.
Adv. Sanna Khan for D/hr. present.
Adv. Pratap Singh for J/dr. present.
Heard both sides. The Ld. counsel for DH and JD filed on record final Consent terms.
Terms of settlement.
I have perused the Terms of settlement along with details of the cheques and Bank details for RTGS. The POA Lalit Joshi for the DH and the JD and their counsels have put their signatures on the terms of settlement. Parties admit the contents of the settlement. Hence, terms of settlements are read and recorded.
As per paragraph 10 and 11 of the settlement, the Execution Application shall be withdrawn by the DH upon receipt of payments from the JD, as per annexure -I and II. Hence,
Matter stands Adj for report of compliance of settlement and further orders to 17.08.2020.
Next Purpose: REPORT
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Business: Adv. Kafil Khan@ Ms. Sanna Khan for DH/ original defendant present. None present for the JD/ original plaintiff.
Heard Adv. Mr. Kafil Khan. He submitted that in the present execution proceeding, on 5.8.2020, a praecipi was moved for obtaining urgent orders and notice was given to other side. Matter was adjourned on 10.8.2020. However, JD/ original plaintiff and Counsel have remained absent on previous date and also today inspite of notice by email. JD has failed to make payments of five instalments as per consent terms dated 2.3.2020. In view of above, DH/ original defendant wants to take out warrants of attachment in respect of four different immovable properties of the JD.
Considering facts and circumstances of the case and submission made before the court, issue notice to the JD/ original plaintiff and his Counsel to show cause as to why the warrants of attachment should not be issued as prayed.
In the meanwhile, JD/ original plaintiff is directed not to create 3rd party interest in the immovable property sought to be attached in the present proceeding. DH/ original defendant shall serve the copy warrant of attachment along with today\''s Roznama to the JD/ original plaintiff for information and compliance.
Later on
Adv. Pal for JD / original plaintiff present.
Authenticate copy of today\''s Roznama be given to the Counsels for both parties for information and compliance.
Matter is already adjourned to 17.8.2020.
Next Purpose: REPORT
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adv. A.A. Khan for DH present.
Adv. Pal for JD is present.
Heard ld.Counsels for both sides regarding warrant of attachment sought to be taken out by the DH/ original defendant. Adv. Khan referred to the history of the matter and the conduct of the JD in avoiding the liability. Adv. Pal on behalf of the J.D sought time for hearing on issuance of warrant of attachment and made a statement at the bar that today he wants to take out fresh Chamber summons and undertook to serve the copy on the DH. He also requested to keep the matter on 28th of this month for hearing. Adv. Khan strongly opposed the request for adjournment. However, he submitted that if the copy of C/s is served on him today, he will submit reply before next date by serving copy in advance to the JD.
After considering submissions made before the court, time granted to the JD to take steps/comply with the terms of compromise filed before the court.
Interim order dated 10.8.2020 passed against the JD not to create third party interest in the immoveable sought to be attached to continue.
LO - Ld. Counsel Mr Pal for the JD filed fresh C/S. Copy served on the DH.
Matter stands Adj. to 28.8.2020 for reply and hearing on C/S. and warrant of attachment.
Next Purpose: C/S HEARING
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: By praceipe mattter taken on board of on 02.09.2020.
Adv. Kafil Khan for DH is present. He has filed reply to the Chamber Summons filed by JD. Copy served on the other side.
Adv. Pratap Singh for JD is present.
Heard both sides regarding urgency of passing orders on issuance of warrant of attached as prayed by DH. Ld. Counsel for the JD submitted that, matter may be adjourned to 8.9.2020, though soft copy was supplied on 25.8.2020, he has been served with hard copy today only. Ld, Counsel for the DH strongly opposed the request for adjournment and prayed for passing order with heavy costs.
After hearing Ld. Counsels for both sides, short adjournment is granted.
Matter stands Adj on 8.9.2020 at 11 am.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Business: Adv. Khan for DH present.
Adv. Pratap Singh for JD present.
Partly heard Ld. counsel for JD on CS no. 1638/19.
Ld. counsel for both the sides are directed to submit their Written notes of arguments, if any, on next date in advance and copies supply to the other side.
For want of time, Matter stands Adj for further hearing on CS no. 1638/19 to 15.09.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Business: Adv. Kafil Khan @ Ms. Sanna Khan for DH/ original Defendant present
Adv. Pratap Singh for the JD /original plaintiff present
Heard Ld. counsel for both the sides for quiet some time on the CS No. 1638/19 alongwith application for attachment filed by the DH. After hearing both the sides it appears that to consider the possibility, whether the terms of compromise agreed by the parties before the court in this execution proceeding can be revived, it would be necessary to hear the JD in person. Ld. counsel for the JD submitted that JD Mr. Pramod Pisal is present outside the court premises, he may called by sending message to the security, as entry to the litigants is not allowed in the court premises at present.
Accordingly message was sent.
However, it is reported by the counsel for the JD that JD Mr. Parmod Pisal has left and is unable to appear before the court today. Hence, he sought time till 18.09.2020. Time granted.
Sheristedar is directed to issue necessary letter/direction to the security to allow the JD Mr. Pramod Pisal, entry in the court premises on 18.09.2020.
Matter stands Adj for appearance/ hearing of JD Mr. Pramod Pisal in person to 18.09.2020 at 12.00 noon
Next Purpose: HEARING
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Matter taken up at 1.00 pm at the request of Adv. Pal on behalf of JD.
Adv. Kafil Khan @ Ms. Sanna Khan for DH/original defendant present.
Adv. Pal h/f Adv. Pratap Singh for JD/Original plaintiff present.
JD present before the court in person from about 12.45 pm.
I heard JD Mr. Pramod Pisal in person. In view of the submissions made before the court, JD was specifically asked 1) whether he is ready and wiling to revive the terms of compromise agreed before this court, in view of pandemic Covid-19 situation and 2) whether he is in position to make part payment/ payment of lapsed instalments, towards his liability. The JD stated before the court, he is willing to revive the terms of compromise agreed before the court. He further stated that if both sides sit together the terms of compromise can be revived. Regarding making of part payment/ payment of lapsed instalments. The JD stated that as on date he is unable to make any payment due to pandemic situation and the market is down. He requested the court that he may be given 3 months time, say, till January 2021 for making payment. It was submitted before the court by the JD and his counsel that JD is ready to complete the entire payment/discharge his liability as per compromise on or before the dead line. The JD will adjust the lapsed instalments during the proposed period of compromise between the parties agreed before the court.
Ld. counsel for DH/original defendant Mr. Khan submitted that whatever the JD stated before the court, is not acceptable to him. He further submitted that as per instructions of his client, matter be proceeded on merits and orders be passed, regarding attachment of property, as prayed before the court.
In view of the statement made by the JD before the court and after hearing the Ld. counsel for both the sides, it appears that revival of terms of compromise agreed before the court is not possible. Hence, matter shall proceed on merit regarding attachment of property, as prayed before the court.
As the matter is part heard, the interim order/directions to the JD dated 10.08.2020, not to create third party interest in the immovable property sought to be attached, shall continue till next date.
Matter stands Adj for hearing (P.H.) to 29.09.2020.
Next Purpose: HEARING
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Business: By praecipe matter is taken on today\''s board.
Adv. Pal for JD present and filed draft NM along with affidavit. Leave granted to register draft NM.
Matter already Adjn to 29.09.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Called out At. 12.00 PM.
Adv. Sanna Khan for DH/Original defendant present and seeks time to file reply to the NM no. 1371/20. Time granted.
Adv. Pal for JD/Original plaintiff present and filed the original NM no. 1371/20 along with affidavit. He seeks leave to register the draft CS filed on 17.08.2020. Leave granted to register draft CS, which was filed on 17.08.2020. Copy served on other side. He submitted that his senior Adv. Pratap Singh is on the way to the court. Hence, matter is kept back till 12.30 pm
Take up At. 1.00 pm.
Adv. Pratap Singh for JD/Original plaintiff present.
Heard both sides regarding attachment of property, as prayed by the DH. Ld. counsel for DH requested that interim order/directions dated 10.08.2020 to the JD, not to create third party interest in the immovable property sought to be attached, may be continued.
Ld. counsel for JD opposed the above request and submitted that order dated 10.08.2020 may be modified, to the extent of two flats only, because the continuation of this order in respect of the property, which according to the JD is not belonging to him, will be futile. After hearing both the sides, I find that the right and interest of JD in respect of the property sought to be attached is disputed by the parties. Hence, the interim order dated 10.08.2020 shall continue in respect of the property belonging to the JD till next date/decision of the NM no. 1371/20.
Hence, Matter stands Adj for filing of reply and hearing of NM no. 1371/20 to 9.10.2020.
Next Purpose: REPLY
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Business: Adv. Khan with Adv. Sanna Khan for DH/original defendant present.
Adv. Pal for JD/original plaintiff present and filed original CS no. 558/20 along with affidavit.
Heard Ld. counsel for both the sides. Adv. Khan on behalf of the DH/original defendant sought time to file reply to NM no. 1371/20. Time granted.
Interim order dated 10.08.2020 as modified on 29.09.2020 to continue.
Matter stands Adj for Order regarding attachment of property as prayed by the DH to 21.10.2020.
Next Purpose: ORDER
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: Adv. Pratap Singh for JD/ Original plaintiff present.
Adv. Sana Khan for DH/Original Defendant present and filed reply to NM No. 1371/20.
Earlier order to continue till next date.
Matter stands Adj for Hearing on NM to 27.10.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: Adv. Pal h/f Adv. Pratap Singh for JD/Original plaintiff present and seeks time to file rejoinder to reply in Nm no. 1371/20.
Adv. Khan for DH/Original defendant present and has strongly opposed the oral request of Ld. counsel for JD. He submitted that Ld. counsel for JD/plaintiff is delaying the matter, if he had to submit rejoinder, he should have come with the same today itself.
Considering the above submissions, last chance granted to Ld. counsel for plaintiff to submit rejoinder on or before next date, with a direction to serve copy in advance to the other side.
Earlier order to continue till next date.
Matter stands Adj for filing rejoiner and NM hearing to 04.11.2020.
Next Purpose: REJOINDER
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Adv. Pratap Singh a/w Adv. Pal for DD/ original plaintiff present and filed rejoinder to the NM No. 1371/20. Copy served on the other side. TOR.
Adv. Sanna Shaikh for DH/ original defendant present and submitted that she had received the soft copy of rejoinder yesterday late night at 10.50 p.m. and today she has received the hard copy and she do not want to file any Sir-rejoinder.
Heard Ld. counsel for both the sides at length on NM No. 1371/20 and regarding issuing warrant of attachment.
Earlier order to continue till next date.
Matter stands Adj for Orders on NM No. 1371/20 and orders regarding issuing of warrant of attachment to 10.11.2020
Next Purpose: ORDER
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: By praecipe matter is taken on today\''s board.
Adv. Pratap Singh for plaintiff present.
None present for defendant.
Praecipe moved by advocate Pratap Singh.
O-allowed. Heard Advocate Pratap Singh. He undertakes to serve written note of arguments on law points to the other side.
Keep it on 10.11.2020 as already adjourned.
Next Purpose: ORDER
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Adv. Khan for original defendant/DH present and took objection to the conduct of the Ld. counsel for JD on the ground that on 07.11.2020 the Ld. counsel moved this court by taking out the praecipe without notice to him and the roznama reflect that Ld. counsel for JD was heard by the court in his absence. He further submitted that yesterday only he has received soft copy of written notes of arguments at 9.16 pm, when the matter was already closed for orders. The JD is only delaying the matter. Hence, he has taken a strong objection to the above conduct.
Adv. Swpnil Bangur with Adv. Pal h/f Adv. Pratap Singh for original plaintiff/JD present and filed written arguments. Hard copy served on other side today. He submitted that he has no objection, if time is granted to the DH for submitting reply submissions to the written notes of arguments.
After hearing both sides and considering the objections taken by Mr. Khan, the Ld. counsel for JD to take note that henceforth he shall not take out any praecipe without notice to the other side and shall comply with the procedure.
Earlier interim order to continue till next date.
Matter stands Adj for filing reply submissions and hearing to 12.11.20.
Next Purpose: REPLY
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Business: Adv. Sana Khan for Original defendant/DH present and submitted counter written arguments in reply to the written arguments dated 10.11.2020 filed by the Ld. counsel for JD.
Adv. Swapnil Bangur with Adv. Pal for original plaintiff/ JD present.
Heard both sides quite some time with reference to the written notes of arguments submitted by Ld. counsel for JD and counter written arguments submitted by Ld. counsel for DH.
In view of the objections taken by the JD in the written notes of arguments, a legal question arises before the court as to whether the original execution application can proceed as it is, in view of subsequent terms of settlement between the parties dated 02.03.2020, which was recorded on 03.03.2020- or the original Execution application needs to be amended by the DH, if he elects to rely upon subsequent terms of settlement vide Ex-3-
Ld. counsel for JD seeks to reserve his right to address the court whether such an amendment would be permissible in law- and regarding the admissibility of such an amendment in the present execution proceedings.
Ld. counsel for DH also seeks time to take instructions from his client before making any statement before the court regarding the defaults in the terms of settlement at Ex-3 and its effects on the present execution proceedings. Time granted to Ld. counsel for DH.
As court time is over, matter is kept part heard.
Earlier interim order to continue till next date.
Matter stands Adj for further hearing to 08.12.2020.
Next Purpose: REPLY
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Adv. Khan alongwith Adv. Sana Khan for Original defendant/DH present.
Adv. Swapnil Bangur with Adv. Pal for original plaintiff/ JD present.
Heard both sides.
Ld. counsel for the DH made a submission before the court that he has taken instructions from his clients regarding the defaults by the JD in terms of settlement at Exh. 3. On the basis of the instructions, he made a statement before the court that the settlement dated 02.03.2020 and recorded by the court on 03.03.2020 is not acted upon by the JD and therefore, the DH is not relying upon the same in the present execution proceedings. The statement of the counsel for DH is accepted.
Ld. counsel for the DH further submitted that he wants to take out CHS and NM for addition of son of the JD as party to the proceedings and for claiming certain substantive reliefs, including for the contempt of the orders of the court. Time granted to the DH for taking steps.
Matter stands Adj for taking steps by DH and for further hearing to 14.12.2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv. Sana Khan for Original defendant/DH present
Adv. Swapnil Bangur with Adv. Pal for original plaintiff/ JD present.
The counsel for the Original Defendant/ DH has filed draft NM supported by an affidavit against JD/ JD No. 1. Copy served on the other side. Leave granted to register the draft NM. On oral request, the counsel for the JD No. 1, time granted to file reply.
Ld. counsel for the Original defendant/DH has also tendered draft CHS supported by an affidavit and documents for addition of Mr. Karan Pramod Pisal as respondent/ JD No. 2 in the present proceedings. Leave granted to register the draft CS. Ld. counsel for the plaintiff/ JD No. 1 submitted that he wants time to file reply to the draft CHS. Time granted. Ld. Counsel for the Original defendant/DH undertakes to serve the respondent/ JD No. 2 and seeks time. Time granted.
Matter stands adj. for service to respondent/ JD No. 2 and reply to the draft CHS/ further hearing to 06.01.2021
Next Purpose: REPLY
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv. Ms.Sana Khan for DH present.
Adv. Pal for JD present.
KB
LO at 12.15pm
Adv. Ms.Sana Khan for DH present and filed original Chamber Summons No.775/20 along with affidavit in support of Chamber Summons. T.O.R.
She also filed original Notice of Motion No.1998/20 along with affidavit in support of Notice of Motion. T.O.R.
Adv. Pal for JD admits service of Ch/s and NM and undertakes to serve the copy of reply atleast four days in advance on the advocate for DH. The statement is accepted.
Advocate for DH filed affidavit of service in Ch/s no.775/20. TOR and marked as Exh.4.
O- Seen.
Earlier order is to be continued till next date.
The case is adjourned to 16.01.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Advocate Rajesh Patil a/w advocate Ms.Sana Khan for DH present.
Advocate Swapnil Bangur a/w advocate Pal for JD present and filed reply to NM 1998/20. TOR and marked as Exh.5.
O-R AND R.
KB at 11.30am
LO at 11.35am
Same appearance.
Earlier order is to be continued till next date.
The case is adjourned to 30.01.2021 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Advocate Rajesh S.Patil a/w advocate Ms.Sana Khan for DH present.
Advocate Swapnil Bangur a/w adv. Pal for JD present.
Heard.
Advocate for JD seeks time to file written objections to the maintainability of Execution application.
Time is granted subject to costs of Rs. 1000/- payable to DH.
The case is adjourned to 06.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Advocate Ms. Sana Khan for DH present and submits that costs is received.
Advocate Swapnil Bangur for JD present and tendered written objections. TOR and marked as Exh. 6.
Copy given to other side.
Advocate for DH seeks time to file rejoinder.
Earlier order is to be continued till next date.
The case is adjourned to 16.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: Declared holiday as per Office Order 81 of 2021
Next Purpose: HEARING
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: court is vacant
Next Purpose: HEARING
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Matter called out at 11.38 a.m.
Adv. Rajesh S. Patil a/w Sana Khan for Decreeholder present.
Adv. Swapnil Bangur a/w Shailesh Pal for Judgment Debtor present.
Judgment debtor is not available in the afternoon session. Therefore, matter is adjourned.
Earlier order to continue, if any till then.
Decreeholder filed rejoinder. TOR. Copy already served to the other side.
Adv. Tanmay Sawant tendered Vakalatnama on behalf proposed Respondent No. 2 in CHS No. 775 of 2020. TOR. Exh.7
O-Seen and filed.
He sought time to file reply. Time granted.
Matter stands adjourned to 16.09.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Matter called out at 3.25 pm.
Adv. Shailesh Pal h/f Adv. Pratp Singh for plaintiff present.
Adv. Rajesh S. Patil a/w Katil A. Khan for decree holder present.
Adv. K. S. Tagulh a/w Ramndhe
Adv. Tripathi for proposed respondent no. 2 filed reply to CS No. 775/2020. TOR. Copy is supplied to the other side.
Heard both the sides on CS No.
NM 1998/2020
Heard Adv. for Applicant/Decree holder. At the request of JD NM 1371/2020 is KB.
NM 1371/2020
Heard Adv. for Applicant/Decree holder. At the request of JD NM 1998 is KB.
As the court time over, argument of Adv for pltff part heard.
Matter stands adjourned to 17/09/2021 at 4.30 pm.
Next Purpose: HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Matter called out at 5.43 pm
Adv. Rajesh Patil a/w Kafil A. Khan for plaintiff present.
Adv. Swapnil Bangar a/w Shailsh Pal for defendant.
As there is no sufficient time today.
Matter stands adjourned to 21-09-2021 at 2.45 pm for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Matter called out at 02.58 p.m.
Adv. Rajesh S. Patil a/w Kafil A. Khan for decreeholder present.
Adv. Swapnil Bangur a/w Adv. Pal for judgment debtor present.
Kept back
Later on at 04.09 p.m.
Adv. Rajesh S. Patil a/w Kafil A. Khan for decreeholder present.
Adv. Swapnil Bangur a/w Adv. Pal for judgment debtor present.
Heard both the sides on NM No. 1998/20 and NM No. 1371/20.
Matter stands adjourned to 27.09.2021 for NM orders.
Next Purpose: NM ORDERS
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Matter called out at 4.05 p.m.
Adv. Sana K. Khan Reg. No. MAH/2786/2016 for decreeholder present.
None present for judgment debtor.
Kept back.
Later on at 5.22 p.m.
Adv. Sana K. Khan Reg. No. MAH/2786/2016 for decreeholder present.
Adv. Shailesh Pal I/b Pratap Singh for judgment debtor present.
Following F.R.S.R. order is passed in NM No. 1998/19
ORDER
1. Notice of Motion No.1998 of 2019 is hereby allowed in terms of prayer clause (a) and (b);
2. The judgment debtor is directed to disclose movable and immovable properties in which he has interest /common interest belonging in his personal name or in the name of Proprietor firm or Partnership firm or Company;
3. In the event of failure to make correct disclosure, he shall be liable to detain in the civil prison as contemplated under Order 21 Rule 41(3);
4. The judgment debtor/original plaintiff his associate, his servant, agent, representative is restrained from creating third party interest in the property mentioned in the schedule of execution application till further orders of this court.
5. Issue show cause notice to the judgment debtor /original plaintiff as to why he should not detain in civil prison.
6. The present Notice of motion shall be kept pending till filing of reply to the show cause notice by the judgment debtor and hearing on the same.
7. The parties to act on authenticated copy of roznama.
8. Returnable on 08/10/2021.
Following F.R.S.R. order is passed in NM No. 1371/20
ORDER
1. Notice of motion No. 1371 of 2020 is dismissed with cost.
2. Notice of motion No. 1371 of 2020 is disposed off accordingly.
Matter stands adjourned to 08.10.2021 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Matter called out at 5.31 p.m.
Adv. Sana Khan a/w Kafil Khan for DH present.
Adv. Pal for JDH present. He tendered affidavit regarding disclosure of asset without prejudice to his right to challenge the impugned order directing him to file affidavit. TOR. Exh.8
O-Seen and filed.
Copy already supplied.
DH is at liberty to file objection, if any.
Matter stands adjourned to 30.10.2021 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Matter called out at 4.39 p.m.
Adv. Sana Khan I/b KSK Legal for DH present. She tendered service affidavit alongwith the bailiff report which shows that the JD/original plaintiff is duly served. In spite of service, no body appeared. Thus, it can be presumed that the JDR has nothing to say. By order 27.09.2021, I have observed that the JDR/plaintiff dishonestly transferred suit premises. Hence, I am of the view, that he be detained in the Civil prison for a period of 3 months. Thus, I proceed to pass the following order.
1. NM No.1998/2020 made absolute in terms of prayer clause (c) of the NM.
2. The DH is directed to deposit Rs.15,000/- towards the subsistence allowance of the plaintiff/ JDR.
3. After deposit of the aforesaid amount, issue warrant against the JDR/plaintiff and be sent to civil prison at Arthur Road Jail.
4. In view of the above, NM No.1998/20 is disposed of.
DH tendered affidavit in reply to the disclosure made by the plaintiff in pursuance to order dated 27.09.2021 passed in NM No.1998/20. TOR.
DH undertakes to supply copy to the plaintiff.
Matter stands adjourned to 04.12.2021 for compliance.
Later on at 5.25 p.m.
Adv. Shailesh Pal @ Adv. Viraj Singh for JDR present.
Already adjourned to 04.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: NOBTOB
Moved by praecipe.
O-Allowed
Matter mentioned at 1.43 p.m.
Adv. Pratap Singh for JDR present.
He tendered draft NM.
O-leave granted to register.
Draft NM handed over to the JDR for registration.
Matter already stands adjourned to 04.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: NOBTOB.
Letter from advocate of plaintiff received from Board Dept (City Civil Court In. No. 12265 dated 11.11.2021) informing about the order dated 30.10.2021 passed by Court is challenged by him before the Hon\''ble High Court by filing Writ Petition No. 7580/2021 and stating that Court granted interim relief.
The aforesaid order is downloaded from the High Court website and attached to the letter.
Matter already stands adjourned to 04.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: NOBTOB
Moved by praecipe
O-allowed
Matter mentioned at 3.35 p.m.
Adv. Pratap Singh for JDR present.
Advocate for JDR file application seeking permission to deposit an amount of Rs.50,00,000/- as per order passed by Hon\''ble High Court. TOR. Exh.10.
O-Allowed to deposit.
JDR also tendered 2 affidavits as directed by Hon\''ble High Court. TOR. Exh.11-colly.
Matter stands adjourned to 04.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Matter called out at 5.07 p.m.
Adv. Kafil A. Khan a/w Sana Khan for DH present.
Adv. Pratap Singh for JDR present.
He tendered reg. No.2749/21. TOR.
He also tendered documents as per list. Exh.12.
Matter stands adjourned to 09.12.2021 for compliance/reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: NOBTOB
Adv. Pratap Singh for JDR present.
He tendered affidavit as per order dated 24.11.2021 passed by Hon\''ble High Court. TOR. Exh.13.
Matter already stands adjourned to 09.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Matter called out at 3.31 p.m.
Adv. Kafil A. Khan a/w Sana Khan for DH present. He tendered say to the affidavit dated 07.12.2021 of JDR, Exh.13. Exh.14.
None present for JDR present
Matter stands adjourned to 07.01.2022 for hearing on affidavit filed
by JDR Exh.13.
Later on at 4.30 p.m.
Adv. Pratap Singh for JDR present.
Already adjourned to 07.01.2022.
Next Purpose: HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Matter called out at 3.48 p.m.
Adv. S. Qureshi for DH present.
Adv. Shailesh Pal for JDR present. He informed that they have filed transfer application before Hon\''ble Principal Judge.
Hence, matter stands adjourned to 07.02.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per office order no.27 of 2022 dated 06.02.2022, holiday declared to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar. Hence, board discharged.
Next Purpose: HEARING
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: NOBTOB
Moved by praecipe.
O-Allowed.
Adv. Shailesh Pal I/b Pratap Singh for JDR present. He tendered draft NM
O-leave granted to register.
Matter already stands adjourned to 02.03.2022.
Next Purpose: REPLY
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Matter called out at 3.32 p.m.
Adv. Sana Khan a/w Adv. Kafil A. Khan for DH present.
Adv. Shailesh Pal I/b Adv. Pratap Singh for JDR present. He tendered reg. NM No.673/22. TOR.
Parties informed that TA is kept on 07.03.2022 for orders.
Matter stands adjourned to 07.04.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Court is on leave in second session. Hence board discharged.
Next Purpose: REPLY
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: CORAM HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
Matter pertains to C.R. No.3
Adv. Mr. Pratap Singh for J.D. present.
None present for D.H.
The concerned clerk of C.R. No.3 as submitted that none appeared on behalf of D.H. Advocate for the J.D. has filed and application for deposit of demand draft of Rs. 1,00,000/- (Rupees One Lakh Only) bearing No. 010760 dated 07.04.2022 address to Registrar City Civil Court, Bombay. Application is t.o.r. marked as Exh.14.
ORDER passed below Exh.14.
Perused the application and order in writ petition No. 7580 of 2021. The application is allowed and said demand draft No. 010760 dated 07.04.2022 of Rs. 1,00,000/-(Rupees One Lakh Only) be taken on record and Registrar Civil is directed to accept and deposit in the account and do the needful as per the order in writ petition No.7580 of 2021. All the concerned to Act upon. Application Exh.14 is allowed and disposed of.
Matter adjourned to 08.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: NOBTOB
Matter received from Dy. Registrar of PLA section with respect to expiry of validity of demand draft of Rs.50,00,000/-. She filed representation. TOR. Exh.15.
It appears that, in order to comply the order of Hon\''ble High Court, the plaintiff filed application below Exh.10 permitting to deposit the demand draft. The application was allowed but the plaintiff could not take the matter with PLA Dept to deposit the said draft. Therefore, the validity of the draft has expired.
The Sheristedar of this court personally informed to the advocate of plaintiff about the aforesaid fact, inspite of that nobody has appeared for plaintiff. Hence, issue notice to the plaintiff/JDR to comply the aforesaid order returnable on 06.05.2022. Notice be served upon the advocate of plaintiff/JDR through Sheriff.
Matter stands adjourned to 06.05.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: Plaintiff a/w Adv. Pratap Singh for present.
In response to the notices issued to Adv. Pratap Singh. Adv. Pratap Singh is present.
It appears that the plaintiff/JDR after taking permission from this court to deposit demand draft of Rs.50,00,000/- but remained to be deposited in the PLA Section/Dept. Therefore, the validity of draft is expired. Be that may be, plaintiff/JDR is directed to take steps to revalidate the aforesaid draft as soon as possible within a period of 2 weeks time.
For aforesaid compliance, demand draft be handed over to the counsel for JDR.
As this court is available from 17.05.2022 to 03.06.2022 and advocate of plaintiff is ready to keep the matter in vacation. Hence, put up the matter on 23.05.2022 for compliance.
Adv. Pratap Singh tendered application for deposit of DD of Rs.1,00,000/- bearing no.501049. TOR. Exh.16.
O-Allowed to deposit.
Matter adjourned to 23.05.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-05-2022
Date: 18-05-2022
Business: NOB TOB. Moved by precipe.
Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present.
He tendered application for deposit of Demand Draft of Rs.50,00,000/- bearing no. 023884. TOR. Exh. 17.
O- Allowed to deposit.
Matter already stands adjourned to 08.06.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv. Sana Khan for DH present.
Adv. Viraj Singh h/f Adv. Pratap Singh for JDR present. He tendered application for deposit of demand draft of Rs.1,00,000/- bearing no.010790. TOR. Exh.18.
O-Allowed to deposit.
By consent, matter stands adjourned to 17.06.2022 for CS and NM
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: NOBTOB, by praecipe.
Adv. Sana Khan for DH present.
She tendered draft NM.
O-Leave granted to register.
Draft NM handed over to the DH for registration.
Matter alreay stands adjourned to 17.06.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Adv. Sana Khan for DH present. She tendered reply to NM No.673/2022 and NM No.2749/2021. TOR.
She also tendered reg. NM No.2007/2022. TOR.
Adv. Viraj Singh for JDR present. He tendered reply to NM No.2007/2022. TOR.
Kept back.
Later on at 4.36 p.m.
Adv. Sana Khan for DH present.
Adv. Pratap Singh for JDR present.
Respondent in CS No.775/2020 is present. He is seeking time for argument. Time granted.
Argument of both the parties on CS No.558/2020, CS No.1638/2019 and NM No.2749/2021 heard.
Following F.R.S.R. order is passed in CS No.558/2020.
ORDER
1. Chamber Summon No.558/2020 in Execution Application
No.94/2019 in S.C. Suit No.1327/2017, is hereby dismissed.
2. Chamber Summons disposed of accordingly.
Following F.R.S.R. order is passed in CS No.1638/2019.
ORDER
1. Chamber Summon No.1638/2019 in Execution Application
No.94/2019 in S.C. Suit No.1327/2017, is hereby dismissed.
2. Chamber Summons disposed of accordingly.
Following F.R.S.R. order is passed in NM No. 2749/2021.
ORDER
1. Notice of Motion No.2749/2021 in Execution Application
No.94/2019 in S.C. Suit No.1327/2017, is hereby dismissed.
2. Notice of Motion disposed of accordingly.
Matter stands adjourned to 12.07.2022 for hearing on CS
no.775/2020, NM No.673/22 and NM No.2007/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Adv. Sana Khan for DH present.
Adv. Pratap Singh for JD present. He tendered rejoinder to NM No.673/2022.
Copy served to the DH.
He tendered draft NM a/w affidavit in support.
O-leave granted to register.
Draft NM handed over to the JD for registration.
He also tendered praecipe to take the Suit No.1327 of 2017 on board. TOR.
O-Keep with the NM tendered today.
Advocate for JD also tendered application for deposit of DD of Rs.1,00,000/- bearing No.010800. TOR. Exh.19.
O-Allowed to deposit.
Kept back.
Later on called out at 4.40 p.m.
Adv. Sana Khan for DH present.
Adv. Pratap Singh for JD present.
Heard both the sides.
The counsel for JD want to file written notes of argument on NM No.673/2022. Time granted.
Matter stands adjourned to 19.07.2022 filing written arguments on
NM No.673/2022/order.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Kafil Khan a/w Adv. Sana Khan for DH present.
Adv. Pal for JD present. He tendered written arguments in NM No.673/2022. TOR.
Adv. Singh for respondent no.2 present.
Matter stands adjourned to 29.07.2022 for NM hearing.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Kafil Khan a/w Adv. Sana Khan for DH present.
Adv. Pratap Singh for JD present. He tendered reg. NM No.2511/22. TOR. Copy served to the DH.
Adv. Singh for respondent no.2 present.
Following F.R.S.R. order is passed in NM No.673/2022.
ORDER
1.Notice of Motion No.673/2022 in Execution Application No.94/2019 in Suit No.1327/2017, is hereby dismissed.
2.Notice of Motion stands disposed off accordingly.
Matter stands adjourned to 19.08.2022 for NM reply/hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Sana Khan for DH present. She tendered reply to NM No.2511/2022. TOR.
Adv. Shailesh Pal for JD present.
Proposed party, Karan Pisal to the CS No.775/20 in person present. He is directed to keep remain his counsel on next date.
Heard Ld. Counsel for DH on CS no.775/2020.
Matter stands adjourned to 03.09.2022 for CS Argument (p.h) and
hearing on NM No.2511/2022.
Next Purpose: CS ARGUMENTS P.H.
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: NOBTOB, moved by praecipe.
Adv. Viraj Singh for plaintiff present. He tendered application for deposit of DD of Rs.1,00,000/- bearing No.010900. TOR. Exh.20.
O-Allowed to deposit.
Matter already stands adjourned to 03.09.2022.
Next Purpose: CS ARGUMENTS P.H.
Next Hearing Date: 03-09-2022
Date: 03-09-2022
Business: Holiday declared as per Order No.178/2022 dated 25.08.2022.
Next Purpose: CS ARGUMENTS P.H.
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Adv. Kafil Khan a/w Adv. Sana Khan for DH present.
Adv. Shailesh Pal a/w Adv. Viraj Singh for JD present. He tendered application for deposit of DD of Rs.1,00,000/- bearing No.010916. TOR. Exh.21.
O-Allowed to deposit in PLA section.
Adv. Karan Dua for proposed defendant present. He tendered additional affidavit in CS No.775/2020. TOR. Copy already served to the DH.
Heard advocate for DH and proposed defendant.
Matter stands adjourned to 13.10.2022 for CS argument (p.h)/order.
Next Purpose: CS ARGUMENTS P.H.
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: CA of DH present a/w Adv. Kafil Khan.
Adv. Pratap Singh a/w Adv. Shailesh Pal for JD present.
Proposed respondent present.
Advocate for JD tendered application for deposit of DD of Rs.1,00,000/- bearing No.010949. TOR. Exh.22.
O-Allowed to deposit in PLA section.
Advocate for DH tendered application for withdrawal of money deposited by JD. TOR. Exh.23.
O-PLA section to report.
Following F.R.S.R. order is passed in CS No.775/2021.
O R D E R
1 Chamber Summon No.775/2020 in Execution Application No.94/2019 in S.C. Suit No.1327/2017, is hereby allowed.
2 The decree holder is allowed to incorporate and added the proposed party as a judgment debtor in the title clause of execution proceeding, within a stipulated period.
3 Chamber summons disposed off accordingly.
Matter stands adjourned to 11.11.2022 for compliance/NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Report from PLA section/account department. TOR. Exh.24.
Adv. S. S. Redekar for DH present. He tendered VP. TOR. Exh.25.
Adv. Shailesh Pal for JD No.1 present. He tendered application for deposit of DD of Rs.1,00,000/- bearing No.010973 dated 10.11.2022. TOR. Exh.26.
Adv. Karan Dua I/b Adv. Tanmay Sawant for JD No.2 present.
The DH applied for payment of amount deposited by the JD No.1, as per the PLA report (Exh.24) there are about Rs.57,00,000/- deposited. As per the contention of the JD No.1, today also he deposited amount of Rs.1,00,000/- therefore total amount of Rs.58,00,000/- is deposited. DH wants to withdraw the amount and JD No.1 has not objection. Hence, PLA section is directed to verify and pay the amount to DH as per his specification given in application. In the view, Application Exh.23 stands disposed of.
Matter stands adjourned to 09.12.2022 for NM No. 2511/2022
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Mentioned at 1.27 p.m.
Adv. Pratap Singh for JD No.1 present.
K.B at afternoon session.
Later on mentioned at 3.03 p.m.
DH in person present.
Adv. Shailesh Pal for JD No.1 present. He tendered application for deposit of Demand draft of Rs.1,00,000/- bearing No.010997. TOR Exh.27.
O-Allowed to deposit in PLA section.
K.B.
Later on called out at 3.46 p.m.
Adv. S. S. Redekar for DH present.
Adv. Shailesh Pal for JD No.1 present.
Adv. Karan Dua for JD No.2 present.
Advocate for DH tendered application for execution under Order 21, Rule 11(2) of CPC a/w affidavit in support. TOR. Exh.28.
O-otherside to say.
Copy of application served to JD No.1 and 2.
Plaintiff also tendered affidavit of service. TOR. Exh.29-colly.
Matter stands adjourned to 20.01.2023 for reply on Exh.28.
Next Purpose: REPLY
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: CORAM :- H.H.J. SHRI V.D. KEDAR (CR. 01)
Matter pertains to C.R.03.
Adv. S.S. Redekar for DH present.
Adv. Shailesh Pal h/f Adv. Pratap Singh for JD No.1 present. He tendered application for deposit of demand draft of Rs.1,00,000/- bearing No.011036 dated 19.01.2023. TOR. Exh-30.
O- Allowed to deposit in PLA section.
Matter adjourned to 14.02.2023 for reply on Exh-28.
Next Purpose: REPLY
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: NOBTOB
High Court writ received from inward section, correspondence department on 23/01/2023 (In. No.410 dated 11/01/2023) High Court Civ. W. P. No.C0100356 of 2023 dated 07/01/2023 in Writ Petition No. 15023/2022, order dated 23/12/2022.
Honble High Court Justice Milind N. Jadhav has passed following order on 23/12/2022.
ORDER
P.C.
1. Heard Mr. Kanade, learned advocate for Petitioner.
2. Mr. Lalitchandra B. Joshi has appeared on behalf of Respondent No. 1. He submitted that he is the constituted attorney of Respondent. No. 1 – Dr. Pankaj Rajaram Bhandarkar. He submitted that he needs two week\''s time to engage an Advocate.
3. Ms. Maindad appears for Respondent No.2 and waives service.
4. Since Mr. Lalitchandra B. Joshi has prayed for time I have put to him that in the meanwhile, the impugned order shall remain stayed. Accordingly, ad-interim relief is granted in terms of prayer clause (c).
5. Respondent are directed to file affidavit-in-reply and their objections, if any, on or before the next date and serve copy of the same on the Petitioner.
6. Stand over to 13th January, 2023
Matter already stands adjourned to 14.02.2023.
Next Purpose: FOR___________________
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: None present.
Matter stands adjourned on 28.03.2023 for steps.
Later on at 2.58 .p.m.
Adv. S.S. Redekar for DH present.
Adv. Shailesh Pal h/f Adv. Pratap Singh for JD No.1 present.
He tendered application for deposit of demand draft of
Rs.1,00,000/- bearing No.500074 dated 13.02.2023 TOR. Exh-31.
O- Allowed to deposit in PLA section
Matter already adjourned on 28.03.2023 for steps.
Later on at 3.53 p.m.
Adv. Karan R. Dua I/b Adv. Sawant for proposed defendant No.2
present.
Matter already adjourned on 28.03.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: Adv. Shailesh Pal for DH present.
JD in person present.
K.B.
Later on at 4.07 p.m.
Adv. S. S. Redekar for DH present.
Adv. Pratap Singh for JD No.1 present. He tendered application for depositing of three demand drafts. TOR. Exh-32. O- Allowed to deposit in PLA section.
The DH seeking permission to withdraw the amount deposited by JD. Permission granted.
PLA department to pay the amount deposited by JD No.1 as per rule.
The JD is directed to reply on Exh-28.
Matter stands adjourned on 02.05.2023 for reply on Exh-28.
Next Purpose: REPLY
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: Adv. S. S. Redekar for DH present.
Adv. Pratap Singh for JD present. He tendered application for deposit of demand draft. TOR. Exh-33.
PLA department to accept.
The DH is seeking withdrawal of amount depositing today, permission is granted to withdrawal.
Matter stands adjourned on 16.06.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: By precipe.
Adv. S. S. Redekar for DH present. He tendered application for withdrawal of money. TOR. Exh-34.
None present for JD.
Heard the advocate of DH.
Amount deposit by JD be paid to the DH as mentioned in the application.
Matter stands adjourned on 16.06.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: Adv. S. S. Redekar for DH present.
Adv. Pratap Singh for JD present. He tendered draft NM a/w affidavit in support. TOR.
O-Leave granted to register draft NM.
Draft NM is return to the JD for registration.
Exh-35. JD/plaintiff also tendered application to deposit Demand draft of Rs.1,38,58,890/- (One Crore Thirty Eight Lakhs Fifty Eight Thousand Eight Hundred Ninety) TOR.
O-Allowed to deposit in PLA section.
Adv. Karan Dua for respondent No.2 present. He tendered draft NM a/w affidavit in support. TOR.
O-Leave granted to register draft NM.
Draft NM is return to the respondent No.2 for registration.
Copy of both the NM\''s supplied to DH.
Matter stands adjourned on 10.08.2023 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: By precipe.
Adv Redekar for plaintiff present and tendered application for matter taking on todays board. O- Allowed.
Exh. 34 is not pressed by D/H.
Exh.36 - Adv for Plaintiff filed application instead of Exh.34 for withdrawal of amount of Rs. 11,00,000/- deposited by J/D.
O- PLA to submit report.
Exh.37 Adv for Plaintiff filed application instead of Exh.34 for withdrawal of amount of Rs. 1,38,58,890/- deposited by J/D.
O- PLA to submit report.
Matter stands already adjourned on 10-08-2023 for report.
Next Purpose: REPORT
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: CORAM :- H.H.J. SMT. N. S. SHAIKH (CR. 03)
By precipe.
Adv S. S. Redekar for Plaintif/Judgment Creditor present and filed precipe for matter taking on today’s board. O- Allowed.
Adv. Karan Doa alongwith Adv. Ravindra Singh present for defendant Judgment Debtor no.02.
Exh-38 Report of PLA Section, Accounts Department. t.o.r.
Matter already stands adjourned on 10.08.2023 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: Adv S.S. Redekar for Plaintiff/Judgment Creditor present and filed affidavit in reply of J/d in NM 2399/23 and 2400/23. TOR
Adv Karan Dua for respondent no.2 present and seeks time to file rejoinder. He tendered registered NM No. 2399/23 and NM 2400/23. TOR. He is directed to supply copy of rejoinder to Plaintiff in advance.
Adv Shailesh Pal J/d present.
Exh. 36 and 37 be kept alongwiht NM 2399/23 and NM 2400/23.
Matter stands adjourned on 05-09-2023for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Adv S.S. Redekar for Plaintiff/Judgment Creditor present
Adv Shailesh Pal for J/D present and filed rejoinder to NM No 2400/2023. TOR.
Adv Karan Dua I/b Adv Ravindra Singhfor respondent no. 2 present.
Heard argument of respondent no. 2 in NM 2399/2023 at length. In view of the order dtd. 23.12.2022 of Hon\''ble High Court in W.P. No. 15023/2022 this NM is kept pending till the decision of W.P. 15023/2022 in view of stay passed by the Hon\''ble High Court.
Exh.39 List of documents along with original MOU dtd. 30.04.2012 and 17.09.2013 filed by Judgment Creditor.
Copy supplied to respondent no. 2.
Respondent no. 2 requested inspection of the original MOU. O- Allowed.
Matter stands adjourned on 13-09-2023 for hearing on Exh.36
and Exh.37 and NM 2400/2023.
Next Purpose: HEARING
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Adv S.S. Redekar for Plaintiff / Judgment creditor present.
Adv Shailesh Pal for J/D present and filed additional affidavit in reply on behalf of J/D TOR. Copy supplied to the J/C.
Heard arguments of advocate for J/D and advocate for J/C.
Matter stands adjourned on 06-10-2023 for order on NM
No.2400/23 and Exh. 36 and Exh.37
Next Purpose: NM ORDERS
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: Adv S.S. Redekar for Plaintiff / Judgment creditor present.
Adv Karan Dua i/b Sawant for J/D present.
Due to paucity of time, matter stand adjourned.
Matter stands adjourned on 30-10-2023 for order on NM and Exh.
Next Purpose: ORDER
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Advocate S.S. Redekar a/w Plaintiff / Judgment creditor present and tendered Draft Notice of Motion along with affidavit in support. TOR O- Leave granted to register Draft Notice of Motion. Copy of Draft Notice of Motion handed over to the party for registration.
Copy served on other side.
Advocate Shailesh Pal for Judgment Debtor present.
Advocate Karan Dua I/b Advocate Ravindra Singh for respondent no. 2 present and tendered Draft Notice of Motion along with affidavit in support. TOR O- Leave granted to register Draft Notice of Motion. Copy of Draft Notice of Motion handed over to the party for registration.
Copy served on other side.
Matter stands adjourned on 06-11-2023 for NM hearing and for
order on 22-11-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: Advocate Redekar present for D/H.
Advocate Karan Dua present for proposed respondent no. 2.
He tendered registered NM No. 4041/2023 Taken On Record.
D/H filed reply to the NM. Taken On Record. Copy served on other side.
J/D tendered registered NM 4040/2023. Taken On Record.
D/H filed reply to NM. Taken On Record. Copy served on other side.
Matter stands adjourned on 22-11-2023 for hearing and order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2023
Date: 22-11-2023
Business: Advocate Redekar present for D/h.
Advocate present for J/d.
Court is busy in dictating judgment in POCSO SPL CASE NO. 374/2016. Hence adjourned.
Matter stands adjourned on 05-12-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: PO is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: Advocate Redekar present for Decree Holder.
Advocate Karan Dua present for proposed respondent no. 2.
Parties present.
As Court is busy in Recording Evidence in Suit Nos.5332/2012, 2997/2015 and 356/20 (High Court Time Bound Matter) and hearing in NM Nos. 4779/22 in Suit No. 2672/2015 and NM No. 1864/2022 in Suit No. 1444/2022.
Matter stands adjourned on 17.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: Advocate Archana Joglekar for D/H present.
Advocate Swapnil for J/D present.
Advocate Karan Dua present for proposed respondent no. 2. present.
Exhibit 40 Vakalatnama filed by D/H. Taken On Record. O - filed.
Matter stands adjourned on 12-03-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2024
Date: 12-03-2024
Business: Adv. Rakesh Savant for D/H present.
Adv. Karan Dua i/b Adv. Pal for J/D/ respondent no.2 present.
Matter stands adjourned on 27-03-2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: P. O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-05-2024
Date: 02-05-2024
Business: Adv. Rakesh Sawant for D/H present.
Adv. Karan Dua for J/D/proposed respondent present.
Matter stands adjourned on 09-05-2024 for hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-05-2024
Date: 09-05-2024
Business: Adv. Rakesh Sawant for Judgment Creditor present.
Adv. Karan Dua i/b Sawant for J/D and proposed respondent present.
Exh. 41 Vakalatnama filed on behal of Judgment creditor. Taken On Record.
Exh. 42 Say filed by J/D. Taken On Record.
Partly heard arguments of Ld. Adv. for J/D.
Matter stands adjourned on 21-06-2024 for arguments P. H.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Adv. Rakesh Sawant for Judgment Creditor present.
Adv.Karan Dua i/b Sawant for J/D and proposed respondent present.
Matter stands adjourned on 11-07-2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-07-2024
Date: 11-07-2024
Business: Advocate Rakesh Sawant for DH present.
Advocate Karan Dua for JD present.
Heard both the sides on Exh.36 and 37 and N/M no.4040/23 and N/M 4041/23.
Matter stands adjourned on 02.08.2024 for order on Exh.36 and 37 and N/M no.4040/23 and N/M 4041/23.
Next Purpose: ORDER
Next Hearing Date: 02-08-2024
Date: 02-08-2024
Business: D/H is present.
Adv. Karan Dua for J/D present he filed draft NM for staying the execution proceeding along with separate suit to challenge the Consent terms. Leave is granted by this Court to register the NM and its copy is served upon the D/H. The D/H submits that the said matter is not connect this EA and insisting the Court to pass order on withdrawal of money. Today his Advocate is not present. If the Court will pass order in this EA proceeding, it will cause multiplicity of proceedings. Hence, matter adjourned for order.
Matter stands adjourned on 29-08-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 29-08-2024
Date: 29-08-2024
Business: Adv. Sanaea Umrigar and Carl Patel for D/H/ Plaintiff present and filed Vakalatnama. t.o.r. and marked as Exh.43.
Adv. Karan Dua for J/D present.
Copy of NM served on plaintiff.
The Ld. Adv. for the J/D has already served the copy of Draft NM on the D/H, wherein he is seeking stay to the present Execution proceeding. The Ld. Adv. for the D/H is seeking time to file reply hence, matter stands adjourned.
Matter stands adjourned on 27-09-2024 for hearing/order.
Next Purpose: ORDER
Next Hearing Date: 27-09-2024
Date: 27-09-2024
Business: Adv. Sanaea Umrigar and Carl Patel for D/H present.
Adv. Karan Dua for J/D present and tendered Draft Notice of Motion along with affidavit in support. TOR. Order - Leave is granted to register draft Notice of Motion. Copy of Draft Notice of Motion handed over to party for registration.
The J/D is directed to file the registered NM on next date without fail, otherwise NM will be dismissed.
Copy served on D/H.
Matter stands adjourned on 08-11-2024 for filing NM reply.
Next Purpose: REPLY
Next Hearing Date: 08-11-2024
Date: 27-09-2024
Business: Adv. Sanaea Umrigar and Carl Patel for D/H present.
Adv. Karan Dua for J/D present and tendered Draft Notice of Motion along with affidavit in support. TOR. Order - Leave is granted to register draft Notice of Motion. Copy of Draft Notice of Motion handed over to party for registration.
The J/D is directed to file the registered NM on next date without fail, otherwise NM will be dismissed.
Copy served on D/H.
Matter stands adjourned on 08-11-2024 for filing NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2024
Date: 08-11-2024
Business: Adv. Carl Patel and Sanaea Umrigar for D/H present and filed affidavit in reply of defendant no.1. t.o.r.
Adv. Karan Dua for J/D present and tendered registered NM No. 4514/2024. t.o.r.
Matter stands adjourned on 10-01-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2025
Date: 10-01-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Karl Patel for D/H present.
Adv. Karan Dua for J/D present and filed affidavit in rejoinder to NM No. 4514/2024. t.o.r. copy served upon D/H.
Matter stands adjourned on 28-01-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025
Date: 28-01-2025
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2025
Date: 06-02-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Shamiana H i/b Arhat Legal for Judgment Creditor present.
Adv. Karan Dua for J/D present.
Matter stands adjourned on 05-03-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2025
Date: 05-03-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. R. Sawant for D/H present.
Adv. Karan Dua for J/D present and filed additional affidavit in NM. t.o.r.
Partly heard arguments on NM No. 4514/2024.
Matter stands adjourned on 11-04-2025 for NM hearing (P. H.)
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2025
Date: 11-04-2025
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2025
Date: 05-05-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for D/H present.
Advocate Shamiana i/b Arhat Legal for Judgment Creditor present.
Advocate Karan Dua for J/D present.
Later on at 4.00 p.m.
Learned Advocate for the Judgment Creditor has filed pursis alongwith certified copy of Writ Petition No. 17182/24. t.o.r. and marked as Exh.43.
Matter stands adjourned on 01-07-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2025
Date: 01-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Adv. Rakesh Sawant for applicants present.
Adv. Karan Dua a/w Adv. Shailesh Pal i/b Pratap Singh for JD present.
Court is busy in another matter.
Matter stands adjourned to 09.07.2025 at 2.45 pm for argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2025
Date: 09-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rakesh Sawat for D/H present.
Advocate Karan Dua i/b Advocate Shailesh Pal, Advocate Pratap Singh for J/D present.
Matter stands adjourned to 15-07-2025 for NM hearing at 2.45 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2025
Date: 15-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rakesh Sawant for D/H present.
Advocate Karan Dua i/b Advocate Shailesh Pal for J/D present.
Heard Learned Advocate for the D/H and partly heard Learned Advocate for J/D.
Both parties to note that all pending applications are being heard.
Matter stands adjourned to 22-07-2025 for argument (P. H.) at
2.45 p.m.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 22-07-2025
Date: 22-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rakesh Sawant for D/H present.
Advocate Karan Dua i/b Advocate Shailesh Pal for J/D present.
Partly Heard Learned Advocate for the J/d. D/H is directed to file affidavit of persons referred in para 5 of the consent terms.
Matter stands adjourned to 28-07-2025 for argument (P. H.).
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 28-07-2025
Date: 28-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rakesh Sawant for D/H present and filed 4 affidavits at Exh.44 to Exh.47 respectively. And he also filed Vakalatnama at Exh.48.
Advocate Karan Dua i/b Advocate Shailesh Pal for J/D present.
Matter stands adjourned to 04-08-2025 for reply.
Next Purpose: REPLY
Next Hearing Date: 04-08-2025
Date: 04-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rahul Patil i/b Rakesh Sawant for D/H present.
Advocate Karan Dua for J/D present and filed reply to affidavits at Exh.44 to 47. marked at Exh.49.
Matter stands adjourned to 11-08-2025 for argument (P. H.) at 2.45
p.m.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 11-08-2025
Date: 11-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rakesh Sawant for D/H present.
Advocate Karan Dua i/b Advocate Shailesh Pal for J/D present and filed affidavit in reply to Notice of Motion No. 2007/22.
Court is busy in other matters, hence adjourned.
Matter stands adjourned to 22-08-2025 for argument (P. H.) at 2.45
p.m.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 22-08-2025
Date: 22-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rakesh Sawant for D/h present and filed case law.
Advocate Shailesh Pal for J/d present.
Kept back. Later on Advocate Karan Dua for J/d present.
Partly heard Learned Advocate for J/d.
Matter stands adjourned to 03-09-2025 for argument (P.H.) at 2.45
p.m.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-09-2025
Date: 03-09-2025
Business: P. O. IS ON LEAVE.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-09-2025
Date: 08-09-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Shamiyana alongwith Advocate Rahul Patil i/b Arhat Legal for D/H present.
Advocate Karan Dua alongwith Advocate Shailesh Pal for J/D present.
Heard Learned Advocate for J/D. He seeks time to cite case law. Time is granted till next date. He also filed documents alongwith list Exh.50. O - Other side to say. The D/H filed reply on Exh.50 itself. Considering reply only production of document is allowed keeping open issue as to effect of document.
Matter stands adjourned to 19-09-2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2025
Date: 19-09-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rakesh Sawant for D/H present.
Advocate Shailesh Pal for J/D present.
Heard Learned Advocate for D/H.
Matter stands adjourned to 08-10-2025 for order.
Next Purpose: ORDER
Next Hearing Date: 08-10-2025
Date: 08-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rakesh Sawant for D/H present.
Advocate Karan Dua for J/D present.
Court is busy in other matter.
Matter stands adjourned for order to 10-10-2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-10-2025
Date: 10-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for D/H present.
Advocate Shailesh Pal for Plaintiff/J/D present.
Advocate Shamiyana H. i/b Advocate Arhat Legal for applicant/J/C present.
Court is busy in other matter.
Matter stands adjourned for order to 15-10-2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 15-10-2025
Date: 15-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Shamiyana H. i/b Advocate Arhat Legal for applicant/D/H present.
Advocate Shailesh Pal for plaintiff/J/D present.
Court is busy in other matter.
Matter stands adjourned for order to 17-10-2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Shamiyana H. i/b Arhat Legal for applicant/ D/H present.
Advocate Shailesh Pal for Plaintiff/J/D for defendant present.
Court is busy in other matter.
Matter stands adjourned for order to 30-10-2025
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-10-2025
Date: 30-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rahul Patil i/b Advocate Rakesh Sawant for Plaintiff present.
None for defendant present.
Court is busy in other matter.
Matter stands adjourned for order to 01-11-2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-11-2025
Date: 01-11-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rahul Patil h/f Advocate Rakesh Sawant for D/H present and filed application cum pursis at Exh. 51 to tender apology. O - Seen.
None for defendant present.
Court is busy in other matter.
Matter stands adjourned for order to 03-11-2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-11-2025
Date: 03-11-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Ashish Shukla i/b Arhat Legal for D/H present.
Advocate Shailesh Shah for plaintiff/J/D present.
Order passed in all Notice of Motion. Notice of Motion No. 2007/2022 stands allowed. Notice of Motion No. 2399/2023 , 2400/2023, 4040/2023, 4041/2023 and 4514/2024 stand rejected. Application at Exh.36 and Exh.37 stand allowed. Reasons are separately recorded. Dictated and pronounced in open Court.
Matter stands adjourned for report and steps to 06-11-2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-11-2025
Date: 06-11-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for DH.
Adv. J. N. Jain a/w Shailesh Pal for JD present and filed application at Exh-52 to stay an order dated 03.11.2025. O- DH to file reply.
Kept Back
Later on at 01.02 p.m.
Adv. J. N. Jain a/w Shailesh Pal for JD present and filed pursis a/w printout of Whatsapp chat and email. Marked as Exh-53.
Matter stands adjourned for say on Exh-52 to 13.11.2025.
Later on at 3.15 p.m.
Adv. for DH is present and filed reply to Exh-52. Marked as Exh-54.
Matter stands adjourned for say on Exh-52 to 13.11.2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-11-2025
Date: 13-11-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rakesh Sawant for D/H present.
Advocate J. N. Jain a/w Shailesh Pal for J/D present.
Heard both side on application at Exh.52.
The plaintiff / Judgment debtor relies upon decision of Hon'ble High Court in Kranti V/s. Fatechand MANU / MH/ 0217/ 1982 to substantiate his submission the Court can grant stay to the order so as to aggrieved person shall have time to prefer an appeal. It is necessary to note that the order passed in Kranti (supra) was passed on Notice of Motion moved during the trial of the suit. This Court has passed order on 03.11.2025 on Notice of Motion moved in Execution Application. Moreover, the plaintiff has admitted execution of consent terms and consequentially consent decree is passed which is under execution. Therefore, the plaintiff has no arguable case to grant the stay. The Hon'ble High Court has already directed to dispose of Execution Application within 6 month. Such order was passed in the matter raised by the D/h. before Hon'ble High Court. Similarly the J/d had challenged order passed by this Court vide writ Petition No. 15032/2022. J/d has also filed settlement terms admitting execution of consent terms/decree. In such circumstances the J/d has no case to grant stay. Moreover, it is not filed in the form contemplated under rule applicable to this Court. Thus, application at Exh.52 stands rejected. In view of order dtd. 03.11.2025 Notice of Motion No. 2511/2022 ought to have been disposed of alongwith Notice of Motions disposed of vide order dtd. 03.11.2025 as rejected. Accordingly stands disposed of as rejected.
Matter stands adjourned for report/steps to 27-11-2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-11-2025
Date: 27-11-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
D/H in person present.
Advocate Karan Dua i/b Advocate Shailesh Pal for J/D present.
Kept back. Later on. Advocate Rahul Patil i/b Arhat Legal for D/H present.
Both advocate appearing for D/H and J/D submit that the Hon'ble High Court has granted stay to the order directing J/D be kept in Civil prison and matter is listed for hearing on 10.12.2025.
Matter stands adjourned for steps to 15-12-2025.
Later on. Official of Execution Department of this Court presented a
copy of application moved by the D/H herein to get decree under
execution and pending vide Execution Application No. 94/2019
executed. Marked at Exh.55. O - The D/H to explain if such
separate proceeding is required and maintainable.
Later on at 2.45 p.m. Advocate for J/D present and filed pursis at
Exh.56 and application at Exh.57 to deposit demand draft of Rs.
1,00,000/-. O - It be deposited. Sheristedar to see it is forwarded to
the Registrar.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 15-12-2025
Date: 15-12-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rakesh Sawant for D/H present. He not pressed separate application filed for execution at Exh.55. O - Seen and filed. D/H seeks time to take steps. Time is granted till next date only.
Advocate Karan Dua a/w Advocate Shailesh Pal for J/D present.
Copy of letter addressed to Registrar received. Marked at Exh.58. O - Seen.
By mutual consent of both parties next date is fixed.
Matter stands adjourned for steps to 20-01-2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-12-2025
Date: 20-12-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
By Praecipe matter taken on board. Marked at Exh.59.
Advocate Shamiyana H i/b Advocate Arhat Legal for applicant/Judgment Creditor present and submits that she wants to take steps. No application alongwith Exh.59 is filed. On 15.12.2025 next date was fixed by mutual consent. Thus, there was no urgency hence kept back for necessary order.
Later on at 2.45 p.m.
Advocate Rakesh Sawant for D/H/applicant present and filed application at Exh.60. Considering contents of application at Exh.60 and submission of Learned Advocate for D/H the record and proceeding of Execution Application No. 94/2019 be placed again before Registrar of the Court for further compliance and execution of decree. Moreover, there is substance in submission of Learned Advocate for the D/H that the name of Malti R. Bandarkar is wrongly mentioned at the bottom of second page of Exh.36. Therefore name mentioned on third page thereof in tabular form be considered. However, fact remains that there was no urgency to move the Praecipe to take the matter on board. Therefore the D/H to pay costs of Rs. 3000/- payable to DLSA within a month.
Registrar to note that the matter is made time bound by Hon'ble High Court and this Court has sent a letter seeking extension of time. Order of Hon'ble High Court extending time is awaiting.
Matter was already adjourned to 20-01-2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-01-2026
Date: 03-01-2026
Business: Not on Board, taken on Board.
Perused the copy of writ received from Writ Section, Hon. High Court Writ No. 15651/2025 dated 26/11/2025. As per order of Hon. High court has granted stay to the order of detension of J.D. in Civil Prison.
J.D. has made payment of Rs. 50,00,000/- in compliance of order of Hon. High court.
R and P of the matter is not yet received.
Hence matter already adjourned to 20/01/2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-01-2026
Date: 05-01-2026
Business: Today matter is not on board taken on board by way of preacipe.
Shri. Ashish Shukla, advocate for D.H. present.
Ld. Advocate praying for compliance of order dated 20/12/2025.
Perused roznama dated 20/12/2025, wherein compliance of Exh.60 insisted by Ld. Advocate.
Perues Exh.60 wherein detention of JD- compliance of order 03/11/2025 insisted.
Perues Exh.36 wherein Ld. Advocate praying for withdrawal of amount.
Perues the roznama 03/11/2025, where in compliance of Exh.36 asked for that.
Ld. Advocate to make application before the PLA department for withdrawal of amount.
There is no clear order about issuance of warrant of attachment.
There is stay by the Honourable High Court to the detention of JD vide order dated 26/11/2025 and in the Interim order of stay is continued till 14/01/2026.
Hence, the matter is returned to the Court room No.03.
As such there is no compliance is remained.
As matter adjourned already adjourned to 20/01/2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-01-2026
Date: 20-01-2026
Business: CORAM : H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Advocate for Judgment debtor present and filed application at Exh.61 alongwith demand draft bearing no.500755 issued by ICICI Bank. Order – Registrar to accept. Judgment debtor also filed draft chamber summons. Leave is granted.
Later on advocate for decree holder present and filed application at Exh.62 for withdrawal of money deposited by judgment debtor. O- Concerned clerk to file report.
Adjd to 29.01.2026 reply on CS.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-01-2026
Date: 29-01-2026
Business: CORAM : H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Advocate for JD present. He tendered registered chamber summons no. 196/2026. Advocate for decree holder filed chamber summons no. 196/2026.
He also filed draft chamber summons for attachment of the property. Leave is granted. Decree holder to produce documents showing right and interest of the judgment debtor over properties shown in Exh-A to the draft chamber summons. Report of the Dy. Registrar received. Marked at Exh-63.
Advocate for plaintiff/JD filed reply on Exh-62. He has no objection to permit the decree holder to withdraw amount deposited as per report Exh-63. Accordingly, amount shown vide report Exh-63 be disbursed to the decree holder as prayed vide application Exh-62. Accordingly application Exh-63 disposed of.
Adjd for argument to 06/02/2026 at 11.00 am.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-02-2026
Date: 06-02-2026
Business: CORAM : H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Advocate Karan a/w. Shailesh Pal for plaintiff present. He filed reply to chamber summons no. 263/2026.
Advocate Rakesh Sawant a/w. Advocate Ashish Shukla for decree holder present. He tendered registered chamber summons no. 263/2026. He also filed documents alongwith list Exh-6 and pursis Exh-7.
Adjd for argument to 11/02/2026 at 2.45 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-02-2026
Date: 11-02-2026
Business: CORAM : H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Advocate for plaintiff present.
Advocate for defendant present.
Adjd to 17/02/2026 at 2.45 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-02-2026
Date: 17-02-2026
Business: Court is busy in other matters.
Adv. Karan Dua a/w Shailesh Pal for plaintiff/JD present.
Adv. Rakesh Sawant a/w Adv. Ashish Shukla for DH present.
Adjd for argument to 24.02.2026
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-02-2026
Date: 24-02-2026
Business: CORAM : H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Advocate Karan Dua a/w. Shailesh Pal for plaintiff present.
Advocate Rakesh Sawant a/w Adv. Ashish Shukla for decreeholder present.
Heard both sides on both chamber summons. Advocate for judgment debtor seeks time to cite case law. Time granted.
Adjd for citation to 10/03/2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-03-2026
Date: 10-03-2026
Business: CORAM : H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Advocate Zubin Dalal a/w. Shailesh Pal for Plaintiff/J/D present
Adv. Karan dua for respondent no. 2 present.
Heard both the sides
Adjd for Order to 11/03/2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-03-2026
Date: 11-03-2026
Business: CORAM : H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Advocate Rakesh Sawant a/w. Ashish Shukla i/b Arhat Legal for applicant/judgment creditor present.
Adjd for Order to 12/03/2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-03-2026
Date: 12-03-2026
Business: CORAM : H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
None present
kb
L.O
Advocate Rakesh Sawant a/w. Ashish Shukla for applicant/judgment creditor present.
Adjd for Order to 13/03/2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-03-2026
Date: 13-03-2026
Business: 40
Dt. 13.03.2026
Execution Appl.
94/2019
CS 196/26
CS 263/26
CORAM : H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Advocate Rakesh Sawant a/w. Adv. Ashish Shukla for applicant/Judgment Creditor present.
Adjd for Order to 16.03.2026
SPL. JUDGE
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-03-2026
Date: 16-03-2026
Business: None present.
Order passsed in both chamber summons.
Chamber summon Nos. 196 of 2026 stands rejected.
Chamber summon Nos. 263 of 2026 stands allowed in terms of prayer clause (a). Order dictated and pronounced in open Court. Reasons are separately recorded. Thus both chamber summons stands disposed off.
Adjd for report/steps to 30/03/2026.
Later on..
Adv. Shailesh Pal for plaintiff/JD present.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-03-2026
Date: 27-03-2026
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Writ received from Honorable High Court vide inward no. 5260 and 5259 dtd. 25/03/2026. Copy of order passed in writ petition no. 17182/2024 is taken on record and marked at Exh-66 and 67. In view of order dtd. 20/02/2026 passed in said writ petition, the Honorable High Court has extended 3 months time to dispose of the execution application. Accordingly, both parties to note and act accordingly.
Already djd for Steps to 30/03/2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-03-2026
Date: 30-03-2026
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Advocate Ashish Shukla for defendant/decreeholder present. He filed draft notice of motion. Considering prayer, the decreeholder to argue how it is maintainable. Meantime, it be registered as notice of motion for statistical purpose. Advocate Shailesh Pal for JD plaintiff present. Adjd for argument to 03/04/2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-04-2026
Date: 03-04-2026
Business: Wrongly shown on todays board
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-04-2026
Date: 04-04-2026
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
None present. Register notice of motion no. 1788/2026 not tendered or no argument is advanced hence kept for necessary order to be passed on next date.
Adjd for Order to 07/04/2026.
L.O
Advocate Shailesh Pal for judgment debtor present. He submits he would file reply on next date and asked to change the date.
Accordingly adjd to 06/04/2026 for order.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-04-2026
Date: 06-04-2026
Business: Advocate Ashish Shukla i/b Arhat Legal for decreeholder present. He tendered registered notice of motion no. 1788/2026. He further submits that he wants to withdraw such notice of motion. None of judgment debtor present. Accordingly, decree holder is permitted to withdraw such notice of motion. Ld. Adv. for the decree holder makes endorsement accordingly. Thus notice of motion 1788/2026 stands disposed of. He also filed draft chamber summons.
O-Register as chamber summons.
Later on
advocate Shailesh Pal for judgment debtor present.
Adjd for reply to 10/04/2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-04-2026
Date: 10-04-2026
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Advocate Rakesh Sawant a/w. Ahamiyana H. for applicant present.
Advocate Shailesh Pal for JD Plaintiff present.
Heard.
Stenographer is on leave hence matter adjourned.
Adjd for order to 13/04/2026.
and for steps to 25/04/2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-04-2026
Date: 13-04-2026
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
None present.
Order passed in chamber Summons No. 876/2026. Chamber Summons stands allowed. Reasons are separately recorded. Dictated and pronounced in open Court.
Adjd for Steps/report 17/04/2026.
L.O
Advocate Ashish Shukla h/f. Adv. Rakesh Sawant present.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-04-2026
Date: 17-04-2026
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Advocate Shailesh Pal for JD/Plaintiff present.
Advocate Shamiyana H for applicant present.
Adjd for steps to 25/04/2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 22-04-2026
Date: 22-04-2026
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Advocate Shailesh Pal for judgment debtor present and filed application at Exh.___ to take the matter on board. Taken on board. He also filed application at exh.___ to accept demand draft bearing No. 500941 for Rs. 5,93,224/- and demand draft bearaing No. 500942 for Rs. 1,24,15,764/- . Order- CC to accept. He also filed draft Chmber Summons. O- Register as chamber summons.
Adjourned for ch/s reply / steps to 25-04-2026
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-04-2026
Date: 25-04-2026
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Adv. Ashish Shukla instructed by Arhat legal for Decree holder present and tender draft chamber summons. Leave is granted. Kept back
Later on Advocate Rakesh Sawant instructed by Arhat legal for decree holder present. advocate for judgment debtor tendered registered the chamber summons no. 1062 of 2026. ld. Advocate Advocate Rakesh Sawant for decree holder present. He tendered registered chamber summons no. 1063 of 2026. On which ld. Advocate for judgment debtor filed reply. Heard. Decree holder also filed applications at Exh. 70 and 71. O- Other side to say. Judgment debtor filed reply on both applications. He has no objection to allow to application at Exh. 70. Therefore application Exh. 70 stands allowed as prayed in terms of clause (4) thereof. Accordingly application at Exh. 70 stands disposed off.
Decree holder has filed application at Exh. 71 to withdraw an amount deposited. Judgment debtor has filed reply thereon to submit that such withdrawal shall be subject to order of Honorable High Court. It is needless to say parties would bind by the order of Honorable High Court. Therefore application Exh. 71 stands allowed as prayed in terms of clause (2) thereof. Accordingly application at Exh. 71 stands disposed off. Similar objections are raised to the chamber summons number 1063 of 2026, filed to withdraw an amount i.e. interest accrued against interest on amount deposited. In such circumstances the chamber summons no. 1063 of 2026 deserves to be allowed. Accordingly it stands allowed in terms of clause (a) and (b)thereof. Accordingly chamber summons no. 1063 of 2026 stands disposed off. Decree holder seeks time to file reply on chamber summons no. 1062 of 2026. Time granted till next date.
Adjd for reply to 27.04.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-04-2026
Date: 27-04-2026
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH, ADDITIONAL SESSIONS JUDGE (C.R. NO. 43)
Advocate Rakesh Sawant I/by Arhat legal for decree holder present. He filed affidavit in reply with Chamber Summons no. 1062/2026. Ld. Advocate Shailesh Pal for judgment debtor makes endorsement on such affidavit. Heard both sides. It is submission of Ld. Advocate for decree holder that on receipt of amount deposited before the Honorable High Court decree would satisfy. On the other hand Ld. Advocate for judgment debtor submits that he will not raise objection to withdraw such amount subject to decision of Honorable High Court. In such case there is no propriety to keep execution application pending. Thus, chamber summons no. 1062/2026 deserves to be allowed. Accordingly, Chamber summons no. 1062/2026 stands allowed in terms of prayer clause (a) to (c). Thus, decree in suit no. 1327/2017 get fully satisfied. Therefore, Execution Application no. 94/2019 stands disposed of. Accordingly, letter at Exh-72 is sent to the Honorable High Court.
Nature Of Disposal: ALLOWED
Disposal Date: 27-04-2026