Akshar Rameshkumar Jain Summ. Suit No. 1032 of 2016VsSudhakar Sakharam Tirlotkar and Anr.

Date: 24-04-2019
Business: Shri. R.B. Shah, C.A. of plaintiff present. Exe.application marked as Exh.A(Colly). Shri. Shah prays for issue of warrant u/o.XXI Rule 46 of CPC, stating that warrant u/o.XXI Rule 48 of CPC has already issued on 29/04/2017 and has tendered the application to that effect, taken on record and marked as Exh.B. He has also tendered original warrant u/o.XXI Rule 48 of CPC, duly served upon the employer of the defendant, taken on record and marked as Exh.C. Upon hearing Shri. Shah and upon perusing the application, issue warrant as prayed for, returnable on 24/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Parties and Advocate absent. As Court is on leave, board discharged and adjd to 15/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: Shri. R.B. Shah, C.A. of plaintiff present. Letter recived from Adiminstrative officer, Transport(City), BMC, Mumbai under this officer Marathi inward no. 1677 date 03/07/2019, taken on record marked as Exh-D. Shri. Shah states that as the warrant u/o.XXI Rule 46 in the matter has been issued on 30/04/2019 and served upon the garnishee of the defendant, 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: 15-10-2019

Filing Number: 105009/2019
Filing Date: 23-03-2017
First Hearing Date: 24th April 2019
Decision Date: 15th October 2019
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI