MANOHAR KHANDU KARBALVsMangesh Dattaram Adivarekar

Date: 05-04-2019
Business: Shri. B.S. Patil, advocate for plaintiff present.  As today is the first date in the matter, for taking further steps, adjd to 08/04/2019, for further steps.
Next Purpose: FOR___________________
Next Hearing Date: 08-04-2019

Date: 08-04-2019
Business: Parties and Advocate absent, adjd to  12/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 12-04-2019

Date: 12-04-2019
Business: Shri B.S.Patil, Advocate for Plaintiff present.  Shri Patil prays for issue of Warrant u/o.XXI, Rule 48 of CPC, without issue of notice, stating that the Execution Application is filed within two years of passing of Decree.  Hence, issue warrant as prayed for, returnable on 13/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Shri. B. S. Patil, advocate for the Plaintiff present. Exe.application markeda as Exh-A (Colly). Letter dt.20/05/2019, bearing no. AGM(L)/LA/CCC/569/2019, received from Deputy Legal Advisor, BEST, under this office inward no. 5481, dt. 22/05/2019, taken on record and marked as Exh-B. The letter states that the defendant employee has been dismissed from service w.e.f. 20/12/2017. Shri. Patil states that some dues are payable to the defendant and he prays for attachment of the said dues u/o.XXI Rule 46 of CPC. Hence, issue warrant u/o.XXI Rule 46 of CPC, as prayed for, returnable on 21/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Business: Shri. B.S. Patil, advocate for plaintiff present. Shri. Patil states that as the warrant u/o.XXI Rule 46 in the matter has been issued on 18/09/2019, appropriate orders may be passed. In view of this present Execution Application stands disposed off. It is made clear that though the Exe.Application is marked as disposed off, warrant issued in the matter will remain alive and the employer of the defendant to comply with the warrant till full satisfaction of Decree subject to provisions of Section 60 of CPC. Plaintiff will be at liberty to apply for Registrars Certificate and Payment Order from time to time till full satisfaction of Decree. Office of Sheriff of Mumbai to furnish certificate/report in respect of warrant of attachment every six months. Plaintiff is at liberty to take out Garnishee Proceedings, if necessary. Plaintiff is also at liberty to file fresh Exe.Application for the residual amount, if Decree is not satisfied within 12 years. Plaintiff shall apply for marking the Decree as fully satisfied upon receipt of entire decretal amount. Office of the Sheriff of Mumbai to act on the certified copy of this Order.
Nature Of Disposal: ALLOWED
Disposal Date: 21-12-2019

Main Case No: SUMMARY CIVIL SUIT/0100876/2017
Main Cnr: MHCC010062202017
Main Filing No: 113080

Filing Number: 103411/2019
Filing Date: 26-03-2019
First Hearing Date: 05th April 2019
Decision Date: 21st December 2019
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI