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NOTICE OF MOTION

Bijender Singh s/o. Sh. Ishwar Singh(Civil Suit No.313 ofVsPerfect House Ltd. Now Known as perfect House Pvt. ltd and Ors.

CNR MHCC01003817202059-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 04th September 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101293/2020
Registration Date
19 Aug 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-09-2020
    Business: Adv. Manmohan Rao for DH/plaintiff present.
    Adv. Hemant Ghadigaonkar with Adv. Anwar for JD/Defendants  present.
    Adv for plff tendered original NM No.1293/2020 alongwith affidavit t.o.r. O-Seen.
    Adv for plff tendered service affidavit. t.o.r. O-seen.
    Adv. for defendants filed reply to NM No.1293/2020. t.o.r. O-seen.
    Copy of the reply is served to the plaintiff\''s advocate today in the court.
    By consent of both sides matter is adjourned for hearing on NM No.1293/2020.
    Matter adjd for hearing on NM No.1293/2020 on 08/10/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Business: By Praecipe
    Adv Manmohan Rao for plaintiff/ DH present.
    Adv Ghadigoankar for defendant/ JD present.
    Ld Adv for plff filed draft Chamber Summons along with affidavit t.o.r. Heard Ld adv for plff. Leave granted to register CS. Copy be served to other side.
    Copy of CS along with affidavit is served to Advocate of defendant today in the court.
    Matter adjd for tendering original registered CS along with affidavit, and CS reply to 02-12-2020.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Adv. Vaishali Bhikule for plaintiff/Decree holder  present.
    Adv.Ghadigaonkar for defendant is  present.
    Adv for plff tendered registered Chamber Summons No. 597 of 2020 alongwith affidavit. TOR.
    Adv for Defendant filed application for Adjournment. TOR Marked as Exh.02. O-Perused application. Heard both sides. Hence time granted till next date to file reply to the C.S No.597/2020.
    Matter adjd by consent for  filing reply to the C.S No.597/2020 on 15/01/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Reason For Adjournment: court time is over
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    Business: Adv. Mr. Manmohan Rao and Adv. Ms. Vaishali Bhikule for DH present.
    Adv. Mr. Ghadigaonkar for J.D. present.
    Adv. for JD filed reply on application of withdrawal. t.o.r.
    Adjd for hearing to 17/06/2021
    Next Purpose: HEARING
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: Both parties and their advocate absent.
    Matter adjd for Hrg on 26.07.2021.
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: As PO is busy in dictating Order in ACB Spl. Case No. 10/2016.  Hence, Board is discharged.  Matter adj. to
    Next Purpose: HEARING
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Court is Vacant.  Board dicharged.
    Next Purpose: HEARING
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Court is Vacant.
    Next Purpose: HEARING
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: Court is Vacant.
    Next Purpose: HEARING
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: AS PO IS ON TRAINING MATTER ADJD TO
    Next Purpose: HEARING
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Matter called out at 2.56 pm
    None for plff
    None for Defendant
    Court busy in hearing other matters.
    Matter is adjd on 30.08.2022 for Hrg.
    Next Purpose: HEARING
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: Adv for plff DH present
    Adv Rizwan Qureshi for defendant JD present
    Adv for JD tendered registered NM 3133/22 a/w affidavit t.o.r  copy served upon adv for DH.
    Matter is adjd on 09.11.2022 for Reply
    Next Purpose: REPLY
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: Matter called out at 3.23 pm
    Adv Komal Patil h/f Manmohan Rao for plff DH present
    Adv Majid h/f Hemant Ghadigaonkar for defendant JD present
    Adv for DH tendered reply to NM 3133/22 t.o.r  copy served upon adv for JD.
    The NM No. 1293/2020 is taken out by DH with the prayer to direct defendant to redeposit a sum of Rs. 08,77,834/-.  Adv for defendant submits that defendant has deposited the amount in the court vide order dated 11.02.2021.  DH to clarify on the said aspect.
    Matter is adjd on 08.12.2022 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2022
    
    Date: 08-12-2022
    Business: Matter called out at 3.06 pm
    Adv Manmohan Rao for plff present
    Adv Ghadigaonkar for defendant present
    Adv for DH submits that amount of Rs. 8,77,834/- is not deposited by the defendant.  Adv for defendant also submits that said amount is not redeposited.  Adv for defendant further submits that inadvertently submission was made on behalf of defendant that the amount is redeposited.  He further prays that the order dated 16.03.2020, whereby the account of the defendant is freezed, be modified in terms of the prayer in NM 3133/22.  Adv for plff DH by inviting attention of this court to order dated 13.01.2021 in RSA No. 6149/2018 of the Honble Punjab and Hariyana High Court has submitted that the matter is stayed.  I have gone through the order of Honble Punjab and Hariyana High Court in RSA No. 6149/2018.  The Hon\''ble High Court stayed the execution proceedings subject to JD depositing 50 percent of decreetal amount as security.  Defendant JD has complied with that order and has deposited 50 percent of decreetal amount in this court.  Therefore, there being stay by Honble High Court on the execution proceedings, this court cannot entertain the prayers of both the parties till the order of stay is in force.  Therefore, the matter be listed under the caption of stayed.
    Matter is adjd on 03.03.2023 for Stayed
    Next Purpose: SUIT STAYED
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: Court is busy in hearing argument in SU 6672/01 @ SU 4056/02, hence board is discharged.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: adjd to
    Next Purpose: DIRECTIONS
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: adjd to
    Next Purpose: DIRECTIONS
    Next Hearing Date: 22-06-2023
    
    Date: 22-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present for plaintiff.
    Adv. Ms. Pallabi Chattergiee I/b Hemant Ghadigaonkar for the defendant present.
    Later on-
    Advocate for DH present. As other side was absent. Matter is kept on tomorrow.
    KB for adjournment application.  Later on at about 5.35 p.m.
    Adv. Mr. Ghadigaonkar for JD present.
    He submits that he will argue on next date.
    Matter is adj to 23.6.2023 for reply and hearing.
    Next Purpose: REPLY
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Advocate for DS and JD present.
    Heard both on application for withdrawal dated 11.2.2021.
    Kept for order
    Ld. Advocate for JD sought time to file reply on CH/s and NM, three weeks time is granted.
    Matter is adj to 28.6.2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 28-06-2023
    
    Date: 28-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv. Vaishali Bhikul for DH present.
    Adv Pallabi Chatterjee for JD present.
    F.R.S.R following order is passed on Exh-5.
    ORDER
    1. Application (Exh.5) is allowed.
    2. The plaintiff/Decree Holder is permitted to withdraw  an amount of Rs.7,84,725/- with interest if any, accrued till date.
    3.The concern clerk of the Court to do needful to pay aforesaid amount to the decree holder/plaintiff.
    4. Application (Exh. 5) is disposed off accordingly.
    Matter is adj to 14/07/2023 for hearing on C/S and N/M/compliance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    R and P not traceable.
    Adv.Manmohan Rao for DH present.
    Adv.Hemant Ghadigaonkar for JD present.  He filed reply on C/S No.597/2020. T.O.R.
    Both parties state that matter is likely to be settled.
    Matter is adj to 26/07/2023 for settlement/steps.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv. Vaishali Bhikul for DH present.  She submits that there is no possibility of settlement in the matter.
    Adv.Hemant Ghadigaonkar for JD present.  He filed application Exh-6 to direct the decree holder to accept an amount of Rs.3,83,307/-.  Order-DH to file reply.
       Considering submission of the both sides matter is adjourn for argument on both N/M and C/S and to file reply on Exh-6.
    Both parties are directed to argue on next date, failure of which necessary order will be passed.
    Matter is adj to 04/08/2023 for argument on N/M, C/S and reply on Exh-6
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    NOB TOB matter moved by precipe Adv.for DH (Exh-).
    Adv.Manmohan Rao for DH present.
    Adv.Hemant Ghadigaonkar for JD present.
    By consent of both the parites, matter is adj to 07/08/2023 for argument on N/M, C/S and reply on Exh-6.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv. Vaishali Bhikul for DH present.
    Adv.Pallai Chatterjee h/f Adv.Hemant Ghadigaonkar for JD present.
    By consent of both the parties, matter is adj to 09/08/2023 for argument on N/M.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Manmohan Rao for DH present.
    Adv.Pallai Chatterjee h/f Adv.Hemant Ghadigaonkar for JD present. By consent of both the parties, matter is adj to 23/08/2023 for argument on N/M.
    Parties to take note that the lok-adalat is likely to be held on 09/09/2023, hence either party may submit prior to that the matter be kept in lok-adalat if there is possibility of settlement.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Manmohan Rao for DH  present.
    Adv.Hemant Ghadigaonkar for JD present.
    Heard Ld.Adv.for DH.  He filed calculation of amount due which is marked as Exh-7.
    Adv. for JD not pressed the N/M No.3133/2022 hence disposed off.
    Heard Ld.Adv.for JD. He filed calculation of amount due which is marked as Exh-8.
    Matter is adj to 02/09/2023 for order on C/S and N/M.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy hearing of other matters, recording evidence in Civil Case hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Matter is adj to 04/09/2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    Notice of Motion No.1293 of 2020, Chamber Summon No.597 of 2020 and Exh-6 are disposed of.
    F.R.S.R.
    Dictated and pronounced in open court.
    Nature Of Disposal: OTHER
    Disposal Date: 04-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104251/2020
    Filing Date: 14-08-2020
    First Hearing Date: 16th September 2020
    Decision Date: 04th September 2023
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 Sept 2023

    Order Details: Notice of Motion Pdf Text: Order n Notice of Motion No. 1293 of 2020 1 MHCC010048962018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1293 of 2020. and CHAMBER SUMMONS NO. 597 OF 2020 and ORDER BELOW EXH. 6 IN EXECUTION APPLICATION NO.486 OF 2019 IN S. C. SUIT NO.313 of 2014. Bijendra Singh. ...Applicant/ Decree Holder In the matter of :- Bijendra Singh. ..Decree Holder V/s. 1. Perfect House Ltd. And Ors. ..Judgment…

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