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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

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay 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

    2
    Final Order 1
    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 1
    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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