Date: 14-03-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE
Next Hearing Date: 09-04-2018
Date: 09-04-2018
Business: Adv. Mr. Chirapalli for applicant present.
Adv. Mr. Salim Shaikh for respondent nos. 1 to 3 present.
Adv. for applicant filed affidavit of service of writ of notice alongwith postal packet and receipt and report. Postal packet of defendant no. 1 returned with endorsement unclaimed and left. Postal packet of defendant no. 3 - Mr. Ravin Mehta, returned with endorsement unclaimed return to sendor. Postal track consignment report having endorsement as item delivered for the postal receipt of defendant no. 4 Mr. Hemant Mehta and Mr. Harit Mehta. Defendant no. 4 absent, inspite of service.
Adv. for respondent filed vakalatnama.
Matter is adj. to 02/07/2018 for Reply.
Next Purpose: REPLY
Next Hearing Date: 02-07-2018
Date: 02-07-2018
Business: Representative for Plaintiff present.
Adv. Salim Shaikh for Defendant 1,2,3 present.
Exh.4 Advocate for plaintiff filed application, Tor.
Order As reply is not filed by defendant this application is disposed of.
The ld advocate for defendant seeks time to file the reply,
Matter is adjd. to 06/08/2018 for Reply at 1.00pm.
Next Purpose: REPLY
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: Plaintiff present.
Adv. for Plaintiff absent.
Adv. Vishwakarma for defendant no.1to3 present and filed appliction, TOR.
Matter is adjd. to 07/09/2018 for Hearing at 1.00pm.
L.O.
Adv. Cheripalli for plaintiff present.
Next Purpose: HEARING
Next Hearing Date: 07-09-2018
Date: 07-09-2018
Business: Adv. N. S. Charipalli for D.H./Plaintiff present.
Adv. Reena Singh for J.D. / Defendant present.
Advocate for D.H. has orally requested for grant of time to file the rejoinder to the reply of affidavit hence.
Matter is adjd. to 16/10/2018 for Rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 16-10-2018
Date: 16-10-2018
Business: Adv. Sherifali for Aplnt present.
None for D.H.
Advocate for Aplnt has filed rejoinder to the reply of Decree holder.
Matter is adjd. to 22/11/2018 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 22-11-2018
Date: 22-11-2018
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Adv. Charipalli for D.H. present.
None for J.D.
Advocate for D.H. has filed application for hearing, in absence of the J.D.
K.B./L.O.
Adv. Tanveer Shaikh for J.D. present.
Advocate for J.D. has submitted that his senior is not available and he seeks for short adjournment hence with the consent of both the parties,
Matter is adjd. to 26/02/2019 for Hearing at 1.00pm.
Next Purpose: HEARING
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: As the Court is on leave Board is discharged and the matter stands adjd. to
Next Purpose: HEARING
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: None for the plaintiff.
Adv for deft Mr.Salim Shaikh present
L.O.
Adv for plaintiff Mr.Charipalli present
He requested to keep matter at 1.00 pm, Hence matter be kept at 1.00.
Matter is Adjd for Hearing on Misc Application to
16/08/2019 at 1.00 PM.
Next Purpose: HEARING
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: P.O is on training. Adjd to 25/9/19
Next Purpose: HEARING
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: Adv. Cherapalli for DH present.
Adv. Shaikh for JD no. 1 to 3 present.
Adjd. to 07.11.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Next Purpose: HEARING
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: DH present. His advocate absent.
Adv. Leena for JD.
Adjd to 25.02.2020 for Hearing
Next Purpose: HEARING
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv. Charipalli for DH.
Adv. Salim shaikh for JD.
KB
LO at 1.30pm
Adv. Charipalli for DH.
None for JD.
Heard argument on behalf of DH.
The DH is directed to furnish statement of particulars containing the calculations regarding the exact amount due and payable by the defendant till date.
Adjd for Arguments on behalf of defendant/ compliance to 04-04-2020
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None present
Adjd to 24-02-2021
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. Charipalli for DH.
None for JD.
Adv. For DH filed application @ the statement of calculation of amount due till today and application for release of bank guarantee given for withdrawal of deposited the principal amount by the JD in Dec.17. Copy be served to other side of both applications.
Adjd for reply of JD to 16-06-2021
Next Purpose: REPLY
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None present for both parties.
Adv N.S.Charipalli present for the DH.
Matter is adjd to 20.12.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: None for DH/applicant.
Adv. Rena Singh for JD Nos. 1 to 3 present.
Matter is adjd. to 10/02/2022 for service of Misc. application/reply.
L.O.
Adv. Cherapalli for the applicant is present and submitted that he filed service affidavit on record.
Matter is adjd. to 10/02/2022 for order on service affidavit.
Next Purpose: ORDER
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to 03-03-2022 for order on affidavit Service.
Next Purpose: ORDER
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv. Charipalli for DH present.
None for JD.
NM 710/2016 already disposed on 03-05-2016.
Matter is adjourned for arguments to 29-03-2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Advocate Mr. N.S. Charipalli for DH present.
Advocate Ms. Singh for JD 1, 2 and 3 present.
Matter is adjd. for argument to 28-06-2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv. Charipalli for D.H. present.
Adv. Reena Singh for J.D. present.
K.B.
L.O. at 12.25 p.m
Same appearance.
Adjd to 10/08/2022 for arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: As court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: As court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: As court is vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: As court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: As court is vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: Matter pertains to C.R.No.15
Adv. Chirapalli for plaintiff/DH present.
None present for defendant/JD.
Exh.03 - Application for releasing the bank Guarantee as per order dt.31.10.2007 below Exh.02. Order – JD to say.
Ld. Adv. for plaintiff/DH to inform of the status of Writ Petition if any pending before Hon\''ble High Court.
Matter Adjd for compliance on 17/06/2023
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: Adv. N. S. Charipalli for applicant/D.H. present.
Adv. Reena Singh for respondent/J.D. No.1 to 3 present.
Advocate for D.H. filed application for direction to J.D. to pay the interest amount. TOR. Exh.04. Copy served upon respondent.
Matter stands adjourned to 07.08.2023 for reply on Exh.04.
Next Purpose: REPLY
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Adv.Cheripalli present for DH.
None present for JD.
JD failed to file reply, hence, put up for argument.
Matter stands adjourned for argument on 16-10-2023 at 2.45 pm.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-10-2023
Date: 16-10-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ARGUMENTS
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: None present.
KB
L.O. at 12.35 pm
Adv.N.S. Cheripalli for DH.
Adv.Reena Singh present for JD No. 1 to 3.
Heard the counsel of DH. The counsel of JD is seeking time, contending that the JD’s have filed Writ Petition before Hon’ble High Court. Admittedly there is no stay, hence, Court has to proceed with matter if no stay is found in favour JD’s on next date.
Matter stands adjourned for argument on 30-11-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ARGUMENTS
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: Adv. N.S. Charipalli present for Decree Holder.
None present for Judgment Debtor.
Heard the Counsel of Decree Holder.
It appears that the Judgment Debtor has deposited the principal amount as per order in Notice of Motion No.710/16 in the Month of July,2016, thus, as per decree passed in special suit No. 23/2011. The Decree Holder is entitled for interest @ 18 percent on principal amount i.e. 15,68,909/- from date of suit i.e. 07-05-2011. Thus, the Decree Holder is entitled for interest on principal amount @ 18 percent from 07-05-2011 to June, 2016 which would be calculated to 9,25,651/-. Hence, Judgment Debtor is directed deposited the said amount on or before next date.
Matter stands adjourned for compliance on 27-03-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Adv.N.S. Cheripalli present for Decree Holder.
Adv.Rina Singh present for Judgment Debtor No.1 to 3, submitted additional affidavit TOR marked as Exh.6.
Plaintiff tendered application for attachment TOR marked as Exh.7.
As per Roznama dated 25-01-2024, Judgment Debtor were directed to deposit of an amount Rs. 9,25,651/-, however, the counsel of Judgment Debtor submitted, the Judgment Debtor cant withdraw without signature of all the partner, and the Judgment Debtor no.4 is not co-operating and not attending the court, therefore they cant withdraw the amount and not depositing in the court. They have provided the details of their account which is with the Axis Bank, Ghatkopar Branch. The Judgment Debtor No.1 to 3 are having no objection if the branch manager of the Axis bank is directed to depositing the amount in the court. Hence, the branch manager, Axis Bank, Ghatkopar (E) branch is directed to deduct an amount of Rs.9,25,651/- from the current account of Judgment Debtor bearing no.029010200016199 belongs to Judgment Debtor No.1 (Nil Controls) and to deposit the said amount in the court within one month from date of this order.
Parties to act upon the authenticated copy of Roznama.
Matter stands adjourned for compliance on 20-06-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: P. O. is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: Not on board taken on board, moved by praecipe.
Praecipe marked as Exh.08.
Adv. Mayur Khaire present. He submitted Pursis. TOR. Exh.09.
and submitted that he is aruthorised by Axis Bank, Branch Ghatkopar to appear before the Court and tender application for extension of time to deposit the amount as per the order in roznama dated 27.03.2024. Application TOR. Exh.10.
O- One week time granted.
Matter already stands adjourned to 05.08.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: None present.
Kept back.
L.O. at 12.30 pm.
Adv. N.S. Cheripalli present for Decree Holder, tendered application for withdrawal of amount TOR marked as Exh.11.
None present for Respondent.
Heard.
It appears that as per the deposited certificate an amount of Rs.9,25,651/- is lying with the PLA department and same is invested in the Union Bank of India. The writ petition filed by Judgment Debtor bearing No.11204/17 came to be dismissed. Thus, the Decree Holder are entitled to withdraw the amount deposited. Hence, I proceed to pass following order-
Order
1. Application Exh.11 stands allowed.
2. The Decree Holder are permitted to withdraw the amount deposited with the PLA Department as per rule.
The Decree Holder also tendered an application for releasing of bank guarantee TOR marked as Exh.12.
Heard.
It appears that as per the order dated 31-10-2017, the Decree Holder was directed to give bank guarantee of Rs.170000 to be remained enforce for 2 years. Much period has already laps even after expiry of period of bank guarantee, considering the facts that the writ petition filed by Judgment Debtor bearing No.11204/17 came to be dismissed, I proceed to pass following order-
Order
1. Application Exh.12 stands allowed.
2. Bank guarantee submitted as per order in rozama dated 31-10-2017 stands released.
The Decree Holder tendered pursis TOR marked as Exh.13.
The purpose of filing Execution and M.A. is served. The Decree Holder do not want proceed with the execution and M.A., hence, Execution No.523/15 and M.A. No.14/2018 stands disposed off in full satisfaction. Record and proceeding of execution be sent to execution department and recording proceeding of M.A. be sent to the Record Department. Execution Proceeding removed from board.
Nature Of Disposal: OTHERWISE
Disposal Date: 05-08-2024
