AMBALAL RIKHABCHANDJI JAINVsYosef Kundlik Kamble 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.
Shri Arvind Taral, Advocate for Defendant 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 three warrants dated 08/12/2020 issued, being warrants U/o.XXI Rule 46 and 48 of CPC against Defendant No.1 and warrant U/o.XXI Rule 48 against Defendant No.2 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 some minor corrections in the said warrants, which are immaterial 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 some 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, by making counter signatures on the warrants wherever there are corrections, for resubmitting the same to the office of Naval Dockyard, Mumbai.
Shri Taral, Advocate for Defendant has filed application for transferring the present execution application to Court No.28 on 01/02/2021, where Notice of Motion No.161 of 2021 taken out by the defendant No.1 is pending, taken on record, marked as Exh-C.
In view of same, in the interest of justice, it will be appropriate to transfer the present Exe.Application to Court No.28 and accordingly the same is hereby submitted to Court No.28.
Office to take steps to assign this Exe.Application to Court No.28.
Parties and advocates to appear before Court No.28 on 01/02/2021.
Warrants made returnable on 10/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: Matter Pertaining to C.R. NO. 28
None for plaintiff/DH.
Adv. Taral for defendant/JD present.
Ld Adv for defendant/JD tendered Original registered NM
no. 161 of 2021 along with affidavit t.o.r.
Ld Adv for defendant /JD filed service affidavit t.o.r. O-
Seen.
Ld Adv defendant/JD submits that atleast status quo order
be passed directing plaintiff/DH not to execute decree till
next date. Sheristedar informed to the Court that advocate
 Ramesh Jain for plaintiff/DH had come before the court
 and took date 10.02.201 and thereafter, advocate of
defendant came. This Court is in-charge court of C.R. 28
from today till 06-02-2021.
Under Such circumstance it is nor proper to pass any order
without hearing advocate of plaintiff/DH. Hence , matter
be kept on 10-02-2021 for reply of NM.
Matter Adjd for NM Reply to 10-02-2021.
Next Purpose: REPLY
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Adv for Ramesh Jain for plaintiff present.
None for defendant.
LO
Adv Taral for defendant present.
Matter Adjd for reply on NM 18-03-2021.
Next Purpose: REPLY
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: Adv. Ramesh jain for DH.
Adv. Taral for JD.
Adjd on the request of Adv Jain for filing of reply as a last chance to 05-05-2021
Lo at 12.10pm
Shri. Narayan Prabhu naval dock officer filed Pension claim of JD.
Already adjd to 05-05-2021
Next Purpose: REPLY
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: NOB TOB
By precipe.
Letter received through Correspondence TOR
Matter is already adjd to 16.10.2021
Next Purpose: REPLY
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: As per office order dated 12.10.2021
Next Purpose: REPLY
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: NOB TOB
Adv Mr.Taral present for the JD.
JD present.
None present for the DH.
Ld advocate for JD submits that he will produce the amount attached, amount paid and amount balance on the next date. In view of submission matter is adjourned.
Matter is adjd to 11.11.2021
Next Purpose: REPLY
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: Adv Ramesh Jain present for the DH.
Adv Mr.Taral present for the JD.
JD present.
Adv for the JD filed additional affidavit TOR
Matter is adjd to 23.11.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: None for DH.
Adv. Mr. Taral for JD present.
KB
L.O.
Adv. Jain for DH present filed reply to NM No.161/2021. t.o.r.
Adv. Shaym for Garnishee  present.
Adv. Mr. Talra for JD present.
Matter is adjd. to 03/12/2021 for reply of garnishee on NM No.161/2021.
Next Purpose: REPLY
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: P.O. is on leave.
Next Purpose: REPLY
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: P. O. is on leave.
Next Purpose: REPLY
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Adv. Arvind Taral for the plaintiff present.
None for defendants.
KB
L.O.
Adv. Mr. Ramesh Jain for DH is present.
Adv. Arvind Taral for JD No.1 is present.
Adv. Shyam Holmabe for the Garnishee present and filed affidavit in execution. t.o.r.
Matter is adjd. to 21/12/2021  for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: None for DH.
Adv. Taral presnet for defendant.
defendant present.
Matter adjourned for hrg. to. 05/01/22.
Next Purpose: HEARING
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: None for DH
JD is present. His advocate is absent.
Adv. Shriram S. Redij for the Garnishee is present.
KB
L.O.
Adv. Mr.  Jain for the DH/plaintiff present.
JD No.1 is present
Adv. Mr. Taral for the JD/ defendant No.1 is present.
Adv. Shriram S. Redij for the Garnishee is present.
Heard arguments of both sides on NM No.161/2021.
Matter is adjd. to 10/01/2022 for order on NM 161/2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: None present.
KB ORDER.
F R S R following order is passed:
O R D E R
     1. Notice of Motion 161 of 2021 is Dismissed.
Matter is adjd. to 01-02-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv. Ramesh Jain for DH present.
Adv. Taral for JD present.
The adv. of JD tendered copy of order of Hon\''ble High Court dt. 09-02-2022, from that order the Hon\''ble High Court has granted ad-interim relief till today.
Matter is adjd for compliance to  26-04-2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: None for DH.
Advocate Mr. Taral for JD present.
Matter is adjd. for taking steps to 29-07-2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: As court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: As Court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-11-2022

Date: 26-11-2022
Business: As per Office Order No.229 of 2022 dt.31.10.2022, matter is adjourned to 10-12-2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: As court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: As court is vacnat
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: As court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: None present for DH.
Adv.Taral present for JD. He submitted that the decretal amount paid in Court, JD is directed to submit the documents regarding depositing amount.
Matter stands adjourned for compliance on 23-10-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: None present.
Matter stands adjourned for compliance on 04-04-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Adv.Madhuri Shirke h/f Ramesh Jain present for Decree Holder, Seeking time. Time is granted.
None present for Judgment Debtor.
Matter stands adjourned for compliance on 30-07-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: None present.
Kept back.
L.O. at 4.10 pm.
None present.
Matter stands adjourned for compliance on 10-10-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-10-2024

Date: 10-10-2024
Business: As the presiding officer is on leave, hence, matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2024

Date: 02-12-2024
Business: None present.
Kept back.
Later on at 12.15 pm.
Adv. Ramesh Jain present for Decree Holder.
None present for Judgment Debtor.
Authorized person of garnishee (Naval Dock, Siddhesh Sawant) present in person.
Matter stands adjourned for suit stayed on 10-02-2025.
Later on at 12.45 pm.
Adv. Shirram Radies present for garnishee through Video
Conference.
Matter is already adjourned for suit stayed on 10-02-2025.
Next Purpose: SUIT STAYED
Next Hearing Date: 10-02-2025

Date: 10-02-2025
Business: As court is vacant. Hence,matter is adjd to.
Next Purpose: SUIT STAYED
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: As court is vacant. Hence,
Next Purpose: SUIT STAYED
Next Hearing Date: 05-05-2025

Date: 05-05-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: SUIT STAYED
Next Hearing Date: 17-07-2025

Date: 17-07-2025
Business: None present.
Matter stands adjourned for stayed to 13.10.2025.
Next Purpose: SUIT STAYED
Next Hearing Date: 13-10-2025

Date: 13-10-2025
Business: None present.
Kept back.
Later on at 12.45 pm.
Adv. Madhuri Shirke present Decree Holder. No steps taken.
None present for Judgment Debtor.
Matter stands adjourned to 20-01-2026 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: Adv. Madhuri Shirke present for Decree Holder.
None present for Judgment Debtor.
Matter stands adjourned to 13-02-2026 suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 13-02-2026

Date: 13-02-2026
Business: Parties are absent.
Adv. Rashmit Patil for Judgment Debtor informed that stay is granted by Honble Bombay High Court.
The present  matter is under the caption of stayed.
Matter stands adjourned to 30-03-2026   for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-03-2026

Date: 30-03-2026
Business: Decree Holder and Judgment Debtor are absent.
Adv. Shyam Horambe for Garnishee.
Adv. Madhuri Shirke present for Decree Holder
Due to paucity of time.
Matter stands adjourned to 04-04-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-04-2026

Date: 04-04-2026
Business: Decree Holder Ambalal Jain is present.
Adv. Madhuri Shirke for Decree Holder and she informed to the court that Honble Bombay High Court stayed the execution.
    It is also apprised that Judgment Debtor deposited money into the Honble Bombay High Court and Decree Holder is in progress to obtain the said money and tendered order of Honble Bombay High Court dated 01-03-2022, 09-10-2023, 17-10-2025 and 22-07-2025 marked as article X colly.
None present for defendant.
Matter stands adjourned to 27-04-2026 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: As the Court is busy in hearing arguments in Suit No. 7466/1997, dictating a part-order in Commercial Suit 398/2024 and a part-judgment in Commercial suit 646/2024, the rest of the Civil board stands discharged.
Matter stands adjourned to 21.07.2026 for Suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 21-07-2026

Date: 21-07-2026
Business: None present for D.H/Plaintiff and J.D./Defendant.
None present for plaintiff and defendant.
Keep Back LO at 1.00 P.M.
Adv. Ramesh Jain for plaintiff present.
Matter stands adjourned to 24.08.2026 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: Adv. Ramesh Jain present for Decree Holder.
Adv. present for garnishee.
Matter stands adjourned to 07-10-2026 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 07-10-2026

Main Case No: SUMMARY CIVIL SUIT/0101023/2019
Main Cnr: MHCC010103782019
Main Filing No: 113080

NOTICE OF MOTION/100161/2021

Registration Number: 100192/2020
Transfer Date: 01-02-2021
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 28 - COURT 28 ADD SESSIONS JUDGE

Registration Number: 100192/2020
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 100192/2020
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Registration Number: 100192/2020
Transfer Date: 29-06-2026
From Court: 84 - COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
To Court: 85 - COURT NO 85 ADDL SESSIONS JUDGE

Filing Number: 105153/2020
Filing Date: 02-11-2020
First Hearing Date: 10th November 2020
Court Number And Judge: 85-COURT NO 85 ADDL SESSIONS JUDGE