Date: 04-04-2019
Business: Ms. Pooja Rathod, advocate for plaintiff present. Ms. Rathod, states that she will withdraw exe.application filed at Dindoshi Court and will produce order to that effect before this court on next date. Hence, on her request, adjd to 11/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Business: Ms. Pooja Rathod I/b Anil Agarwal, Advocate for Plaintiff, present. Execution Application marked as Exh.A (colly.). Ms. Rathod has tendered withdrawal order dated 09/04/2019 in respect of withdrawal of execution application no.58 of 2019, filed at Dindoshi Court, t.o.r. and marked as Exh.B. Ms. Rathod prays for issue of warrants u/o.XXI Rule 43 and 54 of CPC, as prayed for in the E.A., in respect of the properties of the Defendant, which are within the jurisdiction of this Court, further stating that properties sought to be attached belongs to the Defendant and free from all the encumbrances. Hence, issue warrants as prayed for, returnable on 15/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Ms.Pooja Rathod, advocate for the plaintiff present. Matter is taken on board by way of praecipe, taken on record and marked as Exh.C. Ms. Rathod prays for issue of warrant u/o.XXI Rule 46 of CPC, as prayed for in column J(5) of the exe.application, reserving the right for issuance of warrant u/o.XXI Rule 46 of CPC, as prayed for in column J (4) and J (6) of the exe.application, by taking instructions and by amending the exe.application if necessary. Hence, for the present issue warrant u/o.XXI Rule 46 of CPC, as prayed for in column J(5) of the exe.application, returnable on 15/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: Shri. Anil Agarwal, advocate for the Plaintiff present. Ms. Priti Merchand, advocate for the defendant present. Inventory bearing no.SJD/A-68317/2019, dt. 12/06/2019, under this office inward no.6467, dt. 18/06/2019, taken on record and marked as Exh. D. Shri. Agarwal has also tendered original warrant of attachment u/o.XXI Rule 43 and 54 of CPC (Two warrants each), taken on record and marked as Exh.E (Colly) and F (Colly). Ms. Merchand states that defendant has preferred Notice of Motion in the Court. Shri Agarwal states that, the advocate for the defendant has not filed Vakalatnama and does not even know the Notice of Motion number and he therefore, prays for issue of warrant of sale. Hence, on request of Shri Agarwal, for taking necessary steps for issue of warrant of sale, adjd to 18/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 18-07-2019
Date: 18-07-2019
Business: Ms.Prerana Shetty, advocate for the Plaintiff present. Plaintiff present. Ms. Priti Merchand, advocate for the Defendant present. Ms. Merchand has tendered Vakalatnama of Bekay Legal, advocates for the defendant, taken on record and marked as Exh. G. Ms. Merchand states that Notice of Motion preferred in the matter, is posted for hearing in Court No.07 tomorrow. Advocate for plaintiff undertakes to furnish the copy of entire exe.application to the advocate for the defendant within short period. Hence, both the advocates submit that the present exe.application be referred to the Honourable Court No.07 on 19/07/2019. Hence the matter is hereby submitted to the Court No. 07 on 19/07/2019. Office to take steps to assign this matter to the Honourable Court No. 07. Parties and advocates to appear before the Court on 19/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: NOB TOB
Plaintiff present.
Defendant absent.
Adv.Prerana Shetty for plaintiff present.
Adv.Rishi Ashok for defendant present.
Adv. For defendant tendered Notice Of Motion No. 2656 of 2019.
Both the Ld. Counsel filed pursis on record for sending the matter on mediation. Pursis R and R. To send the matter for mediation.
Matter adjd to 02.08.2019 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: adjd
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: P.O. is on leave.Board is discharged...
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Pooja Rathod for plaintiff present.
Adv. Rishi Ashok for defendant present.
Adv. for plntf. requested time for argument.
O - Granted.
Matter adjourned for Steps to 17.01.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Pooja Rathod for plff. Present.
Adv. Amogh Patil For the deft. Present.
Matter is adjd to 06.03.2020 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Pooja Rathod for plff. Present.
Adv. Rishi Ashok for deft. Present.
Matter is adjd to 16.04.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Business: Due to Covid-19 Pandemic none appeared.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Sonal Deulkar for the plff. Present.
Matter is adjd to 30.03.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Sonal Deulkar for the plff present.
Matter is adjd to 28.06.2021 for arguments.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: Both the parties and their advocates are absent.
Hence, delay the matter.
Matter is adjd to 23.08.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Court is Vacant.
Matter is adjd to 05.10.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Court is Vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv for plaintiff present.
Defendant present.
KB
L.O. at 12.30.pm.
Adv for plaintiff has tendered application for adjournment of matter. TOR and marked as Exh.19.
O- Read the application and say defendant took dates only on the count of settlement, but not proceeded for. Hence considering circumstances, adjournment is granted shortly as last chance.
Matter is adjd to 06.12.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Both parties present and willingness to go before the lokadlalt.
Matter is adjd to 11.12.2021 for lokadalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021
Date: 11-12-2021
Business: NATIONAL LOK-ADALAT HELD ON 11/12/2021 (Panel No.5)
Matter pertains to C.R. No.61
Adv Ankita Pathare for plaintiff present.
None present for defendant. Hence matter not settled.
Matter adjd to 22/12/2021.
Mrs. Savita Randhe Ms.Priya Laud S.P.Agarwal
Panel Member Panel Member Panel Head
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: None present.
Matter is adjd for NM hearing to 17.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Ms. Ankita Pathare for Plaintiff present.
Sum SU 24/18 Adv. Mr. Rishi Ashok for Defendant present.
NM 2656/1.
Heard advocate for the Defendant
Matter adj. to 19.03.2022 for Plaintiffs Arguments P.H.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Ld. Adv. Ms. Ankita Pathare present for Plaintiff.
Sum Su 24/18 Ld. Adv. Mr. Rishi Ashlok and his defendant present.
EA 95/19 Heard Ld Adv. Applicant/defendant on Notice of Motion 2656/19. Also heard respondent/plaintiff.
Matter adj. to 23/03/2022 for order.
Next Purpose: ORDER
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv. Ms. Ankita Pathare for Plaintiff present.
Sum SU 24/18 Adv. Mr. Rishi Ashok for Defendant present.
@ NM 2656/19 F.R.S.R. following Order is passed :-
ORDER
1. Notice of Motion No. 2656 of 2019 is allowed subject to cost of Rs. 5,000/- (Rupees Five Thousand Only). Cost to Respondent/ Original Plaintiff.
2. The Applicant/Defendant to file proper proceeding/application for setting aside ex-parte order within 10 days from this order.
3. Non-compliance of the above stated cost and time frame would entail rejection of this application without reference to this Court.
4. Notice of Motion No. 2656 of 2019 is disposed of accordingly.
Execution Application adj. to 20/06/2022 for taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv. Ms. Sonal Dewoolkar for DH present.
None for JD.
Adv. Dewoolkar points out that the Defendant has not taken out NM within the stipulated time by this court by order dated 23/03/2022. She submits that as the Order is not complied with, the NM be rejected.
The Defendant has not yet tendered copy of registered NM. The copy of said NM is not even served on other side.
It is needless to say that if the Defendant do not proceed with hearing of NM at earliest, same would be deem to be not filed and matter would be proceed as per the law.
Plaintiff is at liberty to take proper steps to proceed in the matter.
Matter adjourned to 26/07/2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Ms. Chhaya More for Plaintiff/DH present.
None for JD.
KB
Later on at 4.30p.m.
Adv Chhaya for plff present.
NM No. 1826/22 is not tendered on record inspite of specific order of this Ct. dtd. 20/6/22. Ld adv for DH submits that this is the delay tactics of the deft. If the deft/JD do not proceed with the NM No. 1826/22, plff/DH would be at liberty to press for passing necessary order in the pending EA.
Matter adjourned to 22/9/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. Soneel Deulkarfor D.H. present.
Adv. Amogh Patker for J.D. present.
Advocate for J.D. tendered registered notice of motion no.1826 of 2022 along with affidavit. Copy is served on the advocate of D.H.
Advocate for D.H. seeks time to file reply.
Matter adjourned to 17.10.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Adv.Sonal Deulkar i/b Adv.Anil Agarwal for DH present. She filed reply to N/M No.1826/22.
Adv.Amogh Patkar for JD present and submits that he has just received copy of reply and he needs time for filing rejoinder.
JD to file rejoinder on next date with serving copy of the same in advance at least by one week on DH.
Matter is adj to 10/11/2022 for rejoinder/hearing on N/M.
Next Purpose: REJOINDER
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv.Chhaya More i/b Adv.Anil Agarwal for DH present.
Adv.Amogh Patkar for JD present. He filed affidavit in rejoinder.
Both the Ld. Advocate for parties seeks time for hearing.
Matter is adj to 17/01/2023 for hearing
Next Purpose: HEARING
Next Hearing Date: 17-01-2023
Date: 17-01-2023
Business: Adv.Sonal Deulkar i/b Adv.Anil Agarwal for plaintiff present.
Adv.Prathamesh Sharma for defendant present.
At the request of advocate for defendant matter is kept back.
Later on at 5.17pm
Adv.Sonal Deulkar i/b Adv.Anil Agarwal for plaintiff present.
Adv.Rishi Ashok a/w Adv.Prathamesh Sharma i/b Bekay Legal for defendant present.
As court time is over, matter is adj to 13/02/2023 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: Adv.Sonal Deulkar i/b Adv.Anil Agarwal for plaintiff present.
Adv.Rishi Ashok i/b Bekay Legal for defendant present.
Heard both the sides on N/M No.1826/2022
At the request of Ld.Adv. for plaintiff, time granted for tendering citations.
Matter is adj to 23/02/2023 for citation.
Next Purpose: CIATATION
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv.Sonal Deulkar i/b Adv.Anil Agarwal for plaintiff present. Adv.Rishi Ashok i/b Bekay Legal for defendant present.
Heard Ld.Adv. for plaintiff for some time.
Both the parties to argue on merit.
Matter is adj to 06/03/2023 for argument P.H..
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR -(C.R.NO.61)
Adv.Sonal Deulkar i/b Adv.Anil Agarwal for plaintiff present. Adv.Amogh Patkar i/b Bekay Legal for defendant present. He seeks time on the ground of ill-heath of arguing counsel. In view of the reason mentioned, matter is adj to 15/03/2023 for argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR -(C.R.NO.61)
Adv.Sonal Deulkar i/b Adv.Anil Agarwal for plaintiff present.
Adv.Amogh Patkar i/b Bekay Legal for defendant present.
Kept back for some time.
Matter called out at 4.16pm
Adv.Sonal Deulkar i/b Adv.Anil Agarwal for plaintiff present.
Adv.Amogh Patkar i/b Bekay Legal for defendant present.
By consent, matter is adj to 03/04/2023 for hearing at 2.45pm
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: Adv. Sonal Deulkar I/b Adv. Anil Agarwal for plaintiff present.
Adv.Rishi Ashok I/b Bekay Legal for defendant present.
Applicant/original defendant has placed on record application under order rule 14 order 11 of CPC on last date. Same is marked as (Exh.18)
The Ld advocate for plaintiff filed application (Exh.-19). seeking direction against defendant for production of certain documents. O- Defendant to say.
Matter is adj to 15.04.2023 for hearing on Exh.19.
Next Purpose: HEARING
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR -(C.R.NO.61)
Adv. Sonal Deulkar I/b Adv. Anil Agarwal for plaintiff present. Adv.Rishi Ashok I/b Bekay Legal for defendant present.
Kept back.
Matter called out at 3.34pm
Adv. Sonal Deulkar i/b Adv. Anil Agarwal for plaintiff present. Adv.Rishi Ashok I/b Bekay Legal for defendant present.
Adv. for applicant/defendant filed reply to application Exh-19 T.O.R marked as Exh-19A.
Heard both the sides on N/M No.1826/2022.
F.R.S.R following order is passed on N/M No.1826/2022.
ORDER
1. Notice of Motion No. 1826/2022 is allowed subject to depositing a sum of Rs.46,70,000/- by the defendant within 8 weeks from the date of this order.
2.If the defendant deposits the amount, same be invested in Nationalized bank in fixed deposit as per the rules.
3.On depositing the amount, defendant shall file written statement within further 2 weeks.
4. Notice of Motion No.1826/2022 is disposed of accordingly.
Matter is adj to 17/06/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Chhaya More h/f Adv. Anil Agrawal for decree holder is present.
Adv. Rishi Ashok with Adv. Amogh Patker i/b Bekay Legal for judgment debtor is present.
Non deposit certificate filed by Ld. Advocate for decree holder.
Ld. Advocate for judgment debtor filed Draft Notice of Motion along with affidavit in support. TOR.
Order on draft NM
Perused the Notice of Motion moved by defendant and the say given by the plaintiff. Heard both sides. It is transpired that NM no. 1826/22 was allowed, subject to depositing amount of Rs. 46,70,000/- within eight weeks from 15.04.2023. By the present notice of motion the defendant is seeking extention of time for four weeks to comply the order dated 15.04.2023.
The counsel for the defendants submits that he contacted the plaintiff on phone and the plaintiff informed him that he has no objection for granting four weeks further time. The counsel for the plaintiff registered the present notice of motion and shown unawareness of making any statement by the plaintiff in respect of extention of the time.
Having regard to the submission of the counsel for the defendant, the notice of motion is allowed in the interest of justice and further time till 17.07.2023 is granted to comply the order dated 15.04.2023. It is further clearified that failure to comply this order by the said date, Notice of Motion no. 1826/22 shall automatically dismissed without further reference.
Present draft Notice of Motion is disposed of. It be register for statistical purpose.
Matter is adj to 17.07.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Decree holder and his counsel are absent.
Judgment debtor is absent.
Adv. Amogh Patkar for judgment debtor is present.
Matter is adj to 30.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2023
Date: 30-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Priyanka Gurunath for the decree holder is present.
Adv. Amogh Patkar for Judgment debtor is present.
Advocates of both the parties submit that the compromise is arrived at, but because of absence of the parties, it cannot be filed today and prayed for adjournment. Adjournment is granted.
Matter is adj to 01.09.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-09-2023
Date: 01-09-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his advocate are absent.
KB
Later on
Adv. Prachi Jain for decree holder is present.
Adv. Aniket Save for JDr is present.
Matter is adj to 09.10.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Prachi Jain for decree holder is present.
Adv. Amogh Patker for defendant/judgment debtor is present.
Consent terms filed. It is marked as Exh-2.
Order below Exh-1
Counsel for the decree holder submits that compromise is arrived at between the decree holder and judgment debtor and the consent terms were reduced in wirting. She further submits that the decree holder has received the amount of Rs.33,00,000/- as amount of compromise towards the decreetal amount. The counsel for the Judgment debtor is present and he also submits that in view of the compromise, the Judgment debtor has paid the amount as per the consent terms to the decree holder. The counsel for the decree holder has filed affidavit in support of consent terms and the consent terms. On this backdrop, the counsel for the decree holder prayed for disposal of the execution proceedings in terms of the consent terms. As the decree holder is absent, for the purpose of disposal of the present execution proceeding, without verification of consent terms, the consent terms cannot be acted upon.
However, the fact is that the decree holder is absent and for the purpose of taking steps he is not coming forward purhaps because of the compromise arrived in betweem him and the judgment debtor. The fact is that the decree holder is absent. He is not taking steps to proceed with the execution proceeding. Hence, execution proceeding is hereby dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 09-10-2023