AMBALAL RIKHABCHANDJI JAINVsJoseph Anthony Mascarenhas and Anr.

Date: 10-11-2020
Business: Shri Ramesh Jain, Advocate for Plaintiff present.
Shri Jain prays for issue of Warrants U/o.XXI, Rule 46 and 48 of CPC, without issue of notice, stating that the Exe.Application has been filed within the period of two years of passing of Decree.
Hence, issue warrants as prayed for, returnable on 30/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-01-2021

Date: 30-01-2021
Business: Shri Ramesh Jain Advocate for plaintiff present.
Exe.Application marked as Exh-A(Colly).
Letter dated 12/01/2021received from Dy.Personnel Manager (Admin), Naval Dockyard, Mumbai, under this office inward No.612 dated 15/01/2021, taken on record, marked as Exh-B.
By the said letter office of Naval Dockyard has returned the two warrants dated 08/12/2020 issued U/o.XXI Rule 46 and 48 of CPC in the matter, stating that the said warrants are DUPLICATE and have corrections using blue ink without any counter signature and no copy of judgment is forwarded.
Shri Jain states that there are no corrections in the said warrants and forwarding copy of judgment is absolutely not necessary.  He further submits that original warrants are required to be returned to this court, by obtaining the signature of the receiving authority of the office to whom the warrants are addressed, by delivering duplicate warrants to the said office.
As such, it is seen that the proper procedure is followed and no corrections are seen in the said warrants.
In view of this the DUPLICATE warrants as have been annexed with the aforesaid letter be handed over to advocate for plaintiff for resubmitting the same to the office of Naval Dockyard, Mumbai.
On request of Shri Jain, matter adjourned to 10/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 02/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Shri Ramesh jain, Advocate for plaintiff present.
Letter dated 05/03/2021 bearing No.DYP/A/2293/GEN/CC, under this office inward No.3029 Dt.09/03/2021, received from Lt.Commander Joint Manager (Personnel) for Admiral Superintendent, Naval Dockyard, Mumbai, taken on record, marked as Exh-C.
On request of Shri Jain, for taking instructions, adjourned to 01/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: Shri Ramesh Jain Advocate for plaintiff present.
Shri Shriram Redij advocate for defendant present.
Shri S.S. Sawant, chargeman of Naval Dock present.
Shri H.J. Shintry, OS of Naval Dock present.
As the matter is being settled, by consent, matter adjourned to 18/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: As Court is on leave, board discharged and matter adjourned to 24/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 25/02/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Parties and advocate absent adjourned to 19/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Shri Ramesh Jain, Advocate for Plaintiff present.
On request of Shri Jain, for taking instructions matter adjourned to 30/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: Shri Ramesh Jain, Advocate for Plaintiff present.
On request of Shri Jain for taking instructions, adjourned by way of last chance to 19-08-2022.
Next Purpose: FOR___________________
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Shri Ramesh Jain, advocate for plaintiff present.
Shri Jain states that as the warrants u/o.XXI Rule 46 and 48 in the matter have been issued on 08/12/2020, 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, warrants issued in the matter will remain alive and the employer of the defendant to comply with the warrants 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 warrants 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: 19-08-2022

Main Case No: SUMMARY CIVIL SUIT/0101024/2019
Main Cnr: MHCC010103822019
Main Filing No: 113080

Filing Number: 105152/2020
Filing Date: 02-11-2020
First Hearing Date: 10th November 2020
Decision Date: 19th August 2022
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI