Date: 09-10-2020
Business: Adv. Khan with Adv. Sanna Khan for DH/original defendant present. Adv. Pal for JD/original plaintiff present and filed original CS no. 558/20 along with affidavit. Heard Ld. counsel for both the sides. Adv. Khan on behalf of the DH/original defendant sought time to file reply to NM no. 1371/20. Time granted. Interim order dated 10.08.2020 as modified on 29.09.2020 to continue. Matter stands Adj for Order regarding attachment of property as prayed by the DH to 21.10.2020.
Next Purpose: ORDER
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: Adv. Pal h/f Adv. Pratap Singh for JD/Original plaintiff present and seeks time to file rejoinder to reply in Nm no. 1371/20. Adv. Khan for DH/Original defendant present and has strongly opposed the oral request of Ld. counsel for JD. He submitted that Ld. counsel for JD/plaintiff is delaying the matter, if he had to submit rejoinder, he should have come with the same today itself. Considering the above submissions, last chance granted to Ld. counsel for plaintiff to submit rejoinder on or before next date, with a direction to serve copy in advance to the other side. Earlier order to continue till next date. Matter stands Adj for filing rejoiner and NM hearing to 04.11.2020.
Next Purpose: REJOINDER
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Adv. Pratap Singh a/w Adv. Pal for DD/ original plaintiff present and filed rejoinder to the NM No. 1371/20. Copy served on the other side. TOR. Adv. Sanna Shaikh for DH/ original defendant present and submitted that she had received the soft copy of rejoinder yesterday late night at 10.50 p.m. and today she has received the hard copy and she do not want to file any Sir-rejoinder. Heard Ld. counsel for both the sides at length on NM No. 1371/20 and regarding issuing warrant of attachment. Earlier order to continue till next date. Matter stands Adj for Orders on NM No. 1371/20 and orders regarding issuing of warrant of attachment to 10.11.2020
Next Purpose: ORDER
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Adv. Khan for original defendant/DH present and took objection to the conduct of the Ld. counsel for JD on the ground that on 07.11.2020 the Ld. counsel moved this court by taking out the praecipe without notice to him and the roznama reflect that Ld. counsel for JD was heard by the court in his absence. He further submitted that yesterday only he has received soft copy of written notes of arguments at 9.16 pm, when the matter was already closed for orders. The JD is only delaying the matter. Hence, he has taken a strong objection to the above conduct. Adv. Swpnil Bangur with Adv. Pal h/f Adv. Pratap Singh for original plaintiff/JD present and filed written arguments. Hard copy served on other side today. He submitted that he has no objection, if time is granted to the DH for submitting reply submissions to the written notes of arguments. After hearing both sides and considering the objections taken by Mr. Khan, the Ld. counsel for JD to take note that henceforth he shall not take out any praecipe without notice to the other side and shall comply with the procedure. Earlier interim order to continue till next date. Matter stands Adj for filing reply submissions and hearing to 12.11.20
Next Purpose: REPLY
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Business: Adv. Sana Khan for Original defendant/DH present and submitted counter written arguments in reply to the written arguments dated 10.11.2020 filed by the Ld. counsel for JD. Adv. Swapnil Bangur with Adv. Pal for original plaintiff/ JD present. Heard both sides quite some time with reference to the written notes of arguments submitted by Ld. counsel for JD and counter written arguments submitted by Ld. counsel for DH. In view of the objections taken by the JD in the written notes of arguments, a legal question arises before the court as to whether the original execution application can proceed as it is, in view of subsequent terms of settlement between the parties dated 02.03.2020, which was recorded on 03.03.2020- or the original Execution application needs to be amended by the DH, if he elects to rely upon subsequent terms of settlement vide Ex-3- Ld. counsel for JD seeks to reserve his right to address the court whether such an amendment would be permissible in law- and regarding the admissibility of such an amendment in the present execution proceedings. Ld. counsel for DH also seeks time to take instructions from his client before making any statement before the court regarding the defaults in the terms of settlement at Ex-3 and its effects on the present execution proceedings. Time granted to Ld. counsel for DH. As court time is over, matter is kept part heard. Earlier interim order to continue till next date. Matter stands Adj for further hearing to 08.12.2020.
Next Purpose: HEARING
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Adv. Khan alongwith Adv. Sana Khan for Original defendant/DH present.
Adv. Swapnil Bangur with Adv. Pal for original plaintiff/ JD present.
Heard both sides.
Ld. counsel for the DH made a submission before the court that he has taken instructions from his clients regarding the defaults by the JD in terms of settlement at Exh. 3. On the basis of the instructions, he made a statement before the court that the settlement dated 02.03.2020 and recorded by the court on 03.03.2020 is not acted upon by the JD and therefore, the DH is not relying upon the same in the present execution proceedings. The statement of the counsel for DH is accepted.
Ld. counsel for the DH further submitted that he wants to take out CHS and NM for addition of son of the JD as party to the proceedings and for claiming certain substantive reliefs, including for the contempt of the orders of the court. Time granted to the DH for taking steps.
Matter stands Adj for taking steps by DH and for further hearing to 14.12.2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv. Sana Khan for Original defendant/DH present Adv. Swapnil Bangur with Adv. Pal for original plaintiff/ JD present. The counsel for the Original Defendant/ DH has filed draft NM supported by an affidavit against JD/ JD No. 1. Copy served on the other side. Leave granted to register the draft NM. On oral request, the counsel for the JD No. 1, time granted to file reply. Ld. counsel for the Original defendant/DH has also tendered draft CHS supported by an affidavit and documents for addition of Mr. Karan Pramod Pisal as respondent/ JD No. 2 in the present proceedings. Leave granted to register the draft CS. Ld. counsel for the plaintiff/ JD No. 1 submitted that he wants time to file reply to the draft CHS. Time granted. Ld. Counsel for the Original defendant/DH undertakes to serve the respondent/ JD No. 2 and seeks time. Time granted. Matter stands adj. for service to respondent/ JD No. 2 and reply to the draft CHS/ further hearing to 06.01.2021
Next Purpose: REPLY
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv. Ms.Sana Khan for DH present.
Adv. Pal for JD present.
KB
LO at 12.15pm
Adv. Ms.Sana Khan for DH present and filed original Chamber Summons No.775/20 along with affidavit in support of Chamber Summons. T.O.R.
She also filed original Notice of Motion No.1998/20 along with affidavit in support of Notice of Motion. T.O.R.
Adv. Pal for JD admits service of Ch/s and NM and undertakes to serve the copy of reply atleast four days in advance on the advocate for DH. The statement is accepted.
Advocate for DH filed affidavit of service in Ch/s no.775/20. TOR and marked as Exh.4.
O- Seen.
Earlier order is to be continued till next date.
The case is adjourned to 16.01.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Advocate Rajesh Patil a/w advocate Ms.Sana Khan for DH present.
Advocate Swapnil Bangur a/w advocate Pal for JD present and filed reply to NM 1998/20. TOR and marked as Exh.5.
O-R and R.
KB at 11.30am
LO at 11.35am
Same appearance.
Earlier order is to be continued till next date.
The case is adjourned to 30.01.2021 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Advocate Rajesh S.Patil a/w advocate Ms.Sana Khan for DH present.
Advocate Swapnil Bangur a/w adv. Pal for JD present.
Heard.
Advocate for JD seeks time to file written objections to the maintainability of Execution application.
Time is granted subject to costs of Rs. 1000/- payable to DH.
The case is adjourned to 06.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Advocate Ms. Sana Khan for DH present and submits that costs is received.
Advocate Swapnil Bangur for JD present and tendered written objections. TOR and marked as Exh. 6.
Copy given to other side.
Advocate for DH seeks time to file rejoinder.
Earlier order is to be continued till next date.
The case is adjourned to 16.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: Declared holiday as per Office Order 81 of 2021
Next Purpose: HEARING
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Court is vacant
Next Purpose: HEARING
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Matter called out at 11.38 a.m.
Adv. Rajesh S. Patil a/w Sana Khan for Decreeholder present.
Adv. Swapnil Bangur a/w Shailesh Pal for Judgment Debtor present.
Judgment debtor is not available in the afternoon session. Therefore, matter is adjourned.
Earlier order to continue, if any till then.
Decreeholder filed rejoinder. TOR. Copy already served to the other side.
Adv. Tanmay Sawant tendered Vakalatnama on behalf proposed Respondent No. 2 in CHS No. 775 of 2020. TOR. Exh.7
O-Seen and filed.
He sought time to file reply. Time granted.
Matter stands adjourned to 16.09.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Matter called out at 3.25 pm.
Adv. Shailesh Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Rajesh S. Patil a/w Katil A. Khan for decree holder present.
Adv. K. S. Tagulh a/w Ramndhe
Adv. Tripathi for proposed respondent no. 2 filed reply to CS No. 775/2020. TOR. Copy is supplied to the other side.
Heard both the sides on CS No.
NM 1998/2020
Heard Adv. for Applicant/Decree holder. At the request of JD NM 1371/2020 is KB.
NM 1371/2020
Heard Adv. for Applicant/Decree holder. At the request of JD NM 1998 is KB.
As the court time over, argument of Adv for pltff part heard.
Matter stands adjourned to 17/09/2021 at 4.30 pm.
Next Purpose: HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Matter called out at 5.43 pm
Adv. Rajesh Patil a/w Kafil A. Khan for plaintiff present.
Adv. Swapnil Bangar a/w Shailsh Pal for defendant.
As there is no sufficient time today.
Matter stands adjourned to 21-09-2021 at 2.45 pm for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Matter called out at 02.58 p.m.
Adv. Rajesh S. Patil a/w Kafil A. Khan for decreeholder present.
Adv. Swapnil Bangur a/w Adv. Pal for judgment debtor present.
Kept back
Later on at 04.09 p.m.
Adv. Rajesh S. Patil a/w Kafil A. Khan for decreeholder present.
Adv. Swapnil Bangur a/w Adv. Pal for judgment debtor present.
Heard both the sides on NM No. 1998/20 and NM No. 1371/20.
Matter stands adjourned to 27.09.2021 for NM orders.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Matter called out at 4.05 p.m.
Adv. Sana K. Khan Reg. No. MAH/2786/2016 for decreeholder present.
None present for judgment debtor.
Kept back.
Later on at 5.22 p.m.
Adv. Sana K. Khan Reg. No. MAH/2786/2016 for decreeholder present.
Adv. Shailesh Pal I/b Pratap Singh for judgment debtor present.
Following F.R.S.R. order is passed in NM No. 1998/19
ORDER
1. Notice of Motion No.1998 of 2019 is hereby allowed in terms of prayer clause (a) and (b);
2. The judgment debtor is directed to disclose movable and immovable properties in which he has interest /common interest belonging in his personal name or in the name of Proprietor firm or Partnership firm or Company;
3. In the event of failure to make correct disclosure, he shall be liable to detain in the civil prison as contemplated under Order 21 Rule 41(3);
4. The judgment debtor/original plaintiff his associate, his servant, agent, representative is restrained from creating third party interest in the property mentioned in the schedule of execution application till further orders of this court.
5. Issue show cause notice to the judgment debtor /original plaintiff as to why he should not detain in civil prison.
6. The present Notice of motion shall be kept pending till filing of reply to the show cause notice by the judgment debtor and hearing on the same.
7. The parties to act on authenticated copy of roznama.
8. Returnable on 08/10/2021.
Following F.R.S.R. order is passed in NM No. 1371/20
ORDER
1. Notice of motion No. 1371 of 2020 is dismissed with cost.
2. Notice of motion No. 1371 of 2020 is disposed off accordingly.
Matter stands adjourned to 08.10.2021 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Matter called out at 5.31 p.m.
Adv. Sana Khan a/w Kafil Khan for DH present.
Adv. Pal for JDH present. He tendered affidavit regarding disclosure of asset without prejudice to his right to challenge the impugned order directing him to file affidavit. TOR. Exh.8
O-Seen and filed.
Copy already supplied.
DH is at liberty to file objection, if any.
Matter stands adjourned to 30.10.2021 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Matter called out at 4.39 p.m.
Adv. Sana Khan I/b KSK Legal for DH present. She tendered service affidavit alongwith the bailiff report which shows that the JD/original plaintiff is duly served. In spite of service, no body appeared. Thus, it can be presumed that the JDR has nothing to say. By order 27.09.2021, I have observed that the JDR/plaintiff dishonestly transferred suit premises. Hence, I am of the view, that he be detained in the Civil prison for a period of 3 months. Thus, I proceed to pass the following order.
1. NM No.1998/2020 made absolute in terms of prayer clause (c) of the NM.
2. The DH is directed to deposit Rs.15,000/- towards the subsistence allowance of the plaintiff/ JDR.
3. After deposit of the aforesaid amount, issue warrant against the JDR/plaintiff and be sent to civil prison at Arthur Road Jail.
4. In view of the above, NM No.1998/20 is disposed of.
DH tendered affidavit in reply to the disclosure made by the plaintiff in pursuance to order dated 27.09.2021 passed in NM No.1998/20. TOR.
DH undertakes to supply copy to the plaintiff.
Matter stands adjourned to 04.12.2021 for compliance.
Later on at 5.25 p.m.
Adv. Shailesh Pal @ Adv. Viraj Singh for JDR present.
Already adjourned to 04.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Matter called out at 5.07 p.m.
Adv. Kafil A. Khan a/w Sana Khan for DH present.
Adv. Pratap Singh for JDR present.
He tendered reg. No.2749/21. TOR.
He also tendered documents as per list. Exh.12.
Matter stands adjourned to 09.12.2021 for compliance/reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Matter called out at 3.31 p.m.
Adv. Kafil A. Khan a/w Sana Khan for DH present. He tendered say to the affidavit dated 07.12.2021 of JDR, Exh.13. Exh.14.
None present for JDR present
Matter stands adjourned to 07.01.2022 for hearing on affidavit filed
by JDR Exh.13.
Later on at 4.30 p.m.
Adv. Pratap Singh for JDR present.
Already adjourned to 07.01.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Matter called out at 3.48 p.m.
Adv. S. Qureshi for DH present.
Adv. Shailesh Pal for JDR present. He informed that they have filed transfer application before Hon\''ble Principal Judge.
Hence, matter stands adjourned to 07.02.2022 for hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per office order no.27 of 2022 dated 06.02.2022, holiday declared to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar. Hence, board discharged.
Next Purpose: C/S HEARING
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Matter called out at 3.32 p.m.
Adv. Sana Khan a/w Adv. Kafil A. Khan for DH present.
Adv. Shailesh Pal I/b Adv. Pratap Singh for JDR present. He tendered reg. NM No.673/22. TOR.
Parties informed that TA is kept on 07.03.2022 for orders.
Matter stands adjourned to 07.04.2022 for reply.
Next Purpose: C/S HEARING
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Court is on leave in second session. Hence board discharged.
Next Purpose: C/S HEARING
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: CORAM HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
Matter pertains to C.R. No.3
Adv. Mr. Pratap Singh for J.D. present.
None present for D.H.
The concerned clerk of C.R. No.3 as submitted that none appeared on behalf of D.H. Advocate for the J.D. has filed and application for deposit of demand draft of Rs. 1,00,000/- (Rupees One Lakh Only) bearing No. 010760 dated 07.04.2022 address to Registrar City Civil Court, Bombay. Application is t.o.r. marked as Exh.14.
ORDER passed below Exh.14.
Perused the application and order in writ petition No. 7580 of 2021. The application is allowed and said demand draft No. 010760 dated 07.04.2022 of Rs. 1,00,000/-(Rupees One Lakh Only) be taken on record and Registrar Civil is directed to accept and deposit in the account and do the needful as per the order in writ petition No.7580 of 2021. All the concerned to Act upon. Application Exh.14 is allowed and disposed of.
Matter adjourned to 08.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-05-2022
Date: 18-05-2022
Business: NOB TOB. Moved by precipe.
Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present.
He tendered application for deposit of Demand Draft of Rs.50,00,000/- bearing no. 023884. TOR. Exh. 17.
O- Allowed to deposit.
Matter already stands adjourned to 08.06.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv. Sana Khan for DH present.
Adv. Viraj Singh h/f Adv. Pratap Singh for JDR present. He tendered application for deposit of demand draft of Rs.1,00,000/- bearing no.010790. TOR. Exh.18.
O-Allowed to deposit.
By consent, matter stands adjourned to 17.06.2022 for CS and NM
hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Adv. Sana Khan for DH present. She tendered reply to NM No.673/2022 and NM No.2749/2021. TOR.
She also tendered reg. NM No.2007/2022. TOR.
Adv. Viraj Singh for JDR present. He tendered reply to NM No.2007/2022. TOR.
Kept back.
Later on at 4.36 p.m.
Adv. Sana Khan for DH present.
Adv. Pratap Singh for JDR present.
Respondent in CS No.775/2020 is present. He is seeking time for argument. Time granted.
Argument of both the parties on CS No.558/2020, CS No.1638/2019 and NM No.2749/2021 heard.
Following F.R.S.R. order is passed in CS No.558/2020.
ORDER
1. Chamber Summon No.558/2020 in Execution Application
No.94/2019 in S.C. Suit No.1327/2017, is hereby dismissed.
2. Chamber Summons disposed of accordingly.
Following F.R.S.R. order is passed in CS No.1638/2019.
ORDER
1. Chamber Summon No.1638/2019 in Execution Application
No.94/2019 in S.C. Suit No.1327/2017, is hereby dismissed.
2. Chamber Summons disposed of accordingly.
Following F.R.S.R. order is passed in NM No. 2749/2021.
ORDER
1. Notice of Motion No.2749/2021 in Execution Application
No.94/2019 in S.C. Suit No.1327/2017, is hereby dismissed.
2. Notice of Motion disposed of accordingly.
Matter stands adjourned to 12.07.2022 for hearing on CS
no.775/2020, NM No.673/22 and NM No.2007/22.
Nature Of Disposal: DISMISSED
Disposal Date: 17-06-2022
