EXECUTION APPLN
Canara BankVsM/s Cosmo Technologys Inc. and 3 Ors
CNR MHCC01003478201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th February 2024
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 100069/2018
- Registration Date
- 08 Mar 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant
Case History / Proceedings
Case History
Date: 17-04-2018 Business: Mr. Dinesh Masurkar, Advocate for plaintiff, present. Shri. Masurkar prays for issue of Notice against defendant before issuance of warrants of attachment. Hence issue Notice as prays for returnable on 02/07/2018. Next Purpose: FOR___________________ Next Hearing Date: 02-07-2018 Date: 02-07-2018 Business: Mr. Dinesh Masoorkar I/b Vaishali R. Bhilare, Advocate for Plaintiff present. On request of Mr. Masoorkar, for completing service adjd to 21/08/2018. Next Purpose: FOR___________________ Next Hearing Date: 21-08-2018 Date: 21-08-2018 Business: Mr. B. L. Mangale, Advocate for Defendant, present. None for Plaintiff. Mr. Mangale undertakes to file Vakalatnama and reply for Defendant. On his request, adjd to 17/09/2018. Later on, Mr. Dinesh Masoorkar I/b Vaishali R. Bhilare, Advocate for Plaintiff present. He is informed about the next date. Next Purpose: FOR___________________ Next Hearing Date: 17-09-2018 Date: 17-09-2018 Business: Mr. Dinesh Masoorkar I/b Vaishali R. Bhilare, Advocate for Plaintiff present. Mr. B. L. Mangale, Advocate for Defendant, present. Mr. Mangale undertakes to file Vakalatnama and reply for Defendant by next date. Hence, by consent, adjd to 16/11/2018. Next Purpose: FOR___________________ Next Hearing Date: 16-11-2018 Date: 16-11-2018 Business: Shr Dinesh Masoorkar, Advocate for Plaintiff present. Shri Z.A.Ansari, Advocate for defendants is present. Execution Application marked as Exh.-A (Colly). Affidavit of Service dated 21.08.2018 is on record, now marked as Exh.-B. Shri. Ansari has tender joint Vakalatnama of Shri. Amardev J. Uniyal, Ms. Sweedal S. Karkada and Shri. Balu L. Mangale, Advocates for Defendants, taken on record and marked as Exh.-C. Shri. Ansari seeks time to file reply. Shri. Masoorkar objects stating that, though the defendant have been served long back and till date no reply is filed. However, as the Vakalatnama for defendant is filed today only, by consent, adjurned to 07.12.2018 for reply of defendants. Next Purpose: FOR___________________ Next Hearing Date: 07-12-2018 Date: 07-12-2018 Business: Shri. Dinesh Masoorkar, Advocate for plaintiff present. Shri. Nimish Lotalikar, Advocate for defendant present. Shri. Lotlikar seeks time to file reply. Shri. Masoorkar has no objection, hence, by consent adjourned to 21/12/2018. Next Purpose: FOR___________________ Next Hearing Date: 21-12-2018 Date: 21-12-2018 Business: Shri Dinesh Masoorkar, Advocate for Plaintiff and Ms.Sweedal Karkada, Advocate for Defendant, are present. Affidavit in Reply dated 21/12/2018, tendered by Ms.Karkada, taken on record, marked as Exh-D. Shri Masoorkar seeks time to file rejoinder tot he reply filed today. Hence, by consent, adjourned to 07/02/2019. Next Purpose: FOR___________________ Next Hearing Date: 07-02-2019 Date: 07-02-2019 Business: Shri. Dinesh Masoorkar, advocate for plaintiff present. Shri. Masoorkar seeks time to file rejoinder and on his request adjourned to 20/03/2019. Later on Shri. B.L. Mangle, advocate for defendant appeared and he is informed about the next date. Next Purpose: FOR___________________ Next Hearing Date: 20-03-2019 Date: 20-03-2019 Business: Shri. B.L. Mangle, advocate for defendant present. None for plaintiff. Shri. Mangle, states that the defendant has already filed reply and Appeal ST no. 8504/2017, filed by the defendant is pending the Honourable High Court. Shri. Mangle, therefore, fairly submits that the matter being contested, the same may be referred to the Honourable Court. Hence, the matter is hereby submitted to the Honourable Court on 15/06/2019. Parties and advocates to appear before the court on 15/06/2019, as may be assigned. Office to take steps for assignment of the matter to the Court. Next Purpose: FOR___________________ Next Hearing Date: 15-06-2019 Date: 15-06-2019 Business: As court busy in hearing time bound Misc appeal 114/19 to 130/19. Hence board is discharged. Matter is adjd. to. 01/08/2019. Next Purpose: FOR___________________ Next Hearing Date: 01-08-2019 Date: 01-08-2019 Business: As Court is vacant hence board is dicharged. Next Purpose: FOR___________________ Next Hearing Date: 19-09-2019 Date: 19-09-2019 Business: As court is vacant, hence board is discharge. Next Purpose: FOR___________________ Next Hearing Date: 04-11-2019 Date: 04-11-2019 Business: Both the parties and their advocates are absent. Adjd for Hearing to 03.01.2020. Next Purpose: HEARING Next Hearing Date: 03-01-2020 Date: 03-01-2020 Business: Adv. Mangle for J.D. present. KB LO None for D.H.. Ld. adv. for J.D. orally submits that appeal is pending against judgment and decree dated 03-09-2016. Adjd to 12-02-2020 for Hearing. Next Purpose: HEARING Next Hearing Date: 12-02-2020 Date: 12-02-2020 Business: None for D.H. None for J.D. Court busy in other matters. Hence, adjourned. Adv. Mangle for J.D. present. Adjd to 20-04-2020 for hearing. Next Purpose: HEARING Next Hearing Date: 20-04-2020 Date: 20-04-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 11-05-2020 Date: 11-05-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 30-05-2020 Date: 30-05-2020 Business: National Lockdown Next Purpose: HEARING Next Hearing Date: 17-06-2020 Date: 17-06-2020 Next Purpose: HEARING Next Hearing Date: 05-08-2020 Date: 05-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 03-10-2020 Date: 03-10-2020 Business: None present. Adjd. To 02.11.2020 for hearing. Next Purpose: HEARING Next Hearing Date: 02-11-2020 Date: 02-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 04-01-2021 Date: 04-01-2021 Business: None present. Matter stands Adj for hearing to 04.02.2021. Next Purpose: HEARING Next Hearing Date: 04-02-2021 Date: 04-02-2021 Business: Adv Geeta Yadav for DHR present. Adv Ritesh Parmar for JDR present. Adv for DHR requested for Hearing. Granted. Matter stands Adj for Hearing to 05/03/2021. Next Purpose: HEARING Next Hearing Date: 05-03-2021 Date: 05-03-2021 Business: As Court is on leave matter adjd Next Purpose: HEARING Next Hearing Date: 07-04-2021 Date: 07-04-2021 Business: Adv. Sunilt Raut for plaintiff present. Adv. Mangale for defendant present. Adjd for hearing on 16.06.2021 Next Purpose: HEARING Next Hearing Date: 16-06-2021 Date: 16-06-2021 Business: Due to Covid-19, matter adjd. Next Purpose: HEARING Next Hearing Date: 29-07-2021 Date: 29-07-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 17-09-2021 Date: 17-09-2021 Business: Adv Sunil Karat for DHR present. Adv Ritesh Parmar for JDR present. Execution application is arising out of Decree for recovery of amount. It be transfer to appropriate Court. Both parties submitted that first appeal is pending before the High Court. Matter stands Adj for Hearing to 04/12/2021. Next Purpose: HEARING Next Hearing Date: 04-12-2021 Date: 04-12-2021 Business: Court is Vacant. Next Purpose: HEARING Next Hearing Date: 11-01-2022 Date: 11-01-2022 Business: Court is Vacant. Next Purpose: HEARING Next Hearing Date: 05-03-2022 Date: 05-03-2022 Business: AS PO IS ON TRAINING Next Purpose: HEARING Next Hearing Date: 10-06-2022 Date: 10-06-2022 Business: Matter called out at 11.40 a.m. Adv. Sourabh Mandlik for DH present. Adv. B.L.Mangale for JD present. By consent, matter is adjd on 20.08.2022 for Hearing. Next Purpose: HEARING Next Hearing Date: 20-08-2022 Date: 20-08-2022 Business: Matter called out at 12.30 pm Adv Saurabh Mandlik for plff DH present Adv Akshay for Defendant JD present Adv for DH seeks time. Granted. Matter is adjd on 19.10.2022 for Hrg Next Purpose: HEARING Next Hearing Date: 19-10-2022 Date: 19-10-2022 Business: Matter called out at 11.55 am None for plff Adv B.L.Mangale for defendant JD present Matter is adjd on 07.12.2022 for Hrg Next Purpose: HEARING Next Hearing Date: 07-12-2022 Date: 07-12-2022 Business: Matter called out at 11.40 am Adv Kadambari Patil for plff DH present and seeks time. Granted. Adv B.L.Mangale for defendant present Matter is adjd on 03.02.2023 for Hrg Next Purpose: HEARING Next Hearing Date: 03-02-2023 Date: 03-02-2023 Business: Adv. Sourabh for DH present. Adv. B.L. Mangale for JD present. Adv. for plaintiff (DH) to take further steps in execution. Matter is adjd on 13.03.2023 for hearing. Reason For Adjournment: court time is over Next Purpose: HEARING Next Hearing Date: 13-03-2023 Date: 13-03-2023 Business: Adv.Sourabh Mandlik for DH present. Adv. A. J. Uniyor for JD present. Heard both sides. Defendants in reply to notice issued under Order 21 Rule 22 have taken objection that movable properties in column J of the Execution application are shifted to Pune in or about the year 2009 – 2010. Objection is raised that this Court has no territorial jurisdiction to execute the decree in Mumbai since subject matter is not situated in Mumbai. Adv. for DH submits that immovable property of JD is already sold out prior to date of decree. In my view for execution of decree by attachment and sale of movable property, this Court can issue process for execution though the movable property is not in the territorial jurisdiction of this Court. Therefore issue warrant of attachment under Order 21 Rule 43 of CPC for attachment of the movable properties described in column J of the execution application. Matter is adjd on 05-04-2023 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 05-04-2023 Date: 05-04-2023 Business: Adv. K. Patil I/b Adv. Bhibre for DH present and submits that there is some correction in the warrant of attachment and seeks time. None for JD. Matter is adjd on 28-06-2023 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 28-06-2023 Date: 28-06-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None for DH. Adv. Mangale for JD present. Matter is adj to 13/09/2023 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 13-09-2023 Date: 13-09-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None for DH. Adv.Ms.Sweedal Karkada for JD/defendant present. Decree holder to take steps. Matter is adj to 07/12/2023 for taking steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 07-12-2023 Date: 07-12-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None present. No steps are taken hence keep for dismissal order. Matter is adj to 17/02/2024 for dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 17-02-2024 Date: 17-02-2024 Business: None present. Kept back. Called at 3.25 pm. None present. No steps are taken hence EA is Taken Of the record. Hence Dismissed for want of prosecution. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 17-02-2024
Additional Case Details
Additional Case Details
Filing Number: 100185/2018 Filing Date: 08-03-2018 First Hearing Date: 17th April 2018 Decision Date: 17th February 2024 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
2Final Order 117 Feb 2024
17 Feb 2024
Order Details: Other Pdf Text: 04 17/02/2024 EA 69/18 CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None present. Kept back. Called at 3.25 pm. None present. No steps are taken hence EA is Taken Of the record. Hence Dismissed for want of prosecution. Judge -- 1 of 1 --
Order 117 Feb 2024
17 Feb 2024
Order Details: Other Pdf Text: 04 17/02/2024 EA 69/18 CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None present. Kept back. Called at 3.25 pm. None present. No steps are taken hence EA is Taken Of the record. Hence Dismissed for want of prosecution. Judge -- 1 of 1 --
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