Date: 10-06-2019
Business: Shri. Omkar Dalvi, advocate for the Plaintiff present. Exe.application marked as Exh.A (Colly). Shri. Dalvi has tendered application for issue of notice against Judgment Debtor and its constitute attorney, taken on record and marked as Exh.B. He further states that C.A. of Judgement Debtor has not been mentioned in the Exe.application. Shri. Dalvi, therefore prays that, he may be allowed to amend the Exe.application, by treating the application tendered today, as amendment application. Hence, the application tendered today (Exxh.B) is treated as amendment application, amendment allowed, which shall be carried out, before next date. On request of Shri.Dalvi, for compliance and for further direction, adjd to 15/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Ms. Priya Rita, advocate for the Decree Holder present. Ms. Rita, seeks time to carry out amendment. Hence, on request of Ms. Rita, time to carry out amendment is extended till 05/07/2019, and Ms. Rita undertakes to serve the Judgement Debtor with amended proceedings.
Next Purpose: FOR___________________
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: Shri. Omkar Dalvi, advocate for the Plaintiff present. On request of Shri. Dalvi, time to carry out amendment is extended till 12/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 12-07-2019
Date: 12-07-2019
Business: Ms. Priya Rita, advocate for the plaintiff present. Ms. Rita states that, amendment has been carried out and she seeks time to complete the service. Hence, on her request, adjd to 09/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Parties and Advocate absent, adjd to 18/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Shri. Omkar Dalvi, advocate for the Decree Holder present. Shri. S.R. Sharma, advocate for the Judgment Debtor present. Shri. Dalvi has tendered affidavit of service, proving service against the defendant, taken on record and marked as Exh-C. Shri. Sharma seeks time to file reply and by consent, adjd to 16/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Shri. Sunil Sharma, advocate for the Judgment Debtor present. None for the decree holder. Shri. Sharma has tendered the Vakalatnama for the judgment Debtor, taken on record and marked as Exh-D. Shri. Sharma has also tendered affidavit in reply of the Judgment Debtor, taken on record and marked as Exh-E. Shri. Sharma undertakes to serve the copy of reply upon decree holder/ advocate for the decree holder. For rejoinder of the decree holder, if any, adjd to 03/12/2019. Later on Ms. Priya Rita, advocate for the decree holder appeared and she has been informed about the today roznama.
Next Purpose: FOR___________________
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Ms. Disha Karambkar, advocate for the decree holder present.
Shri. Sunil Sharma, advocate for the judgment debtor present.
Ms. Karambkar has tendered application to proceed execution u/o.XXI Rule 24 of CPC, t.o.r. and marked as Exh-F.
The judgment debtor has already filed reply in this matter and as such the matter has already become contested and both the advocates submits that the matter may be referred to the Honourable Court.
Hence, the matter is hereby submitted to the Honourable Court as per assignment on 11/12/2019. office to take steps to assign the matter to Court as per assignment. Parties and advocates to appear before the Court on 11/12/2019, as may be assigned.
Next Purpose: FOR___________________
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. Priya Rita for DH present.
Adv. Sunil Sharma for JD present.
Matter stands Adj for hearing to 05.02.2020.
Next Purpose: HEARING
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv. Priya Rita for DH present and sought short adjournment.
Adv. Sunil Sharma for JD present and he has no objection for adjournment. Hence, adjournment granted.
Matter stands Adj for hearing to 04.03.2020.
Next Purpose: HEARING
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Priya Rita for DH present.
Adv. Hodage for JD present and seeks time for arguments as his senior advocate is unable to attend court today. Ld. counsel for DH had no objection for short adjournment. Time granted.
Execution petition is contested by J Dr by submitting reply affidavit.
Matter stands Adj for hearing on objections to 18.03.2020.
Next Purpose: HEARING
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Adv. Omkar Dalvi for Decree holder present.
As per directions of office order no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for Hearing to 17.06.2020
Next Purpose: HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 31-07-2020
Date: 31-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None present for DH/plaintiff and JD/defendant.
Matter stands Adj for hearing to 18.01.2021.
Next Purpose: HEARING
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present.
The case is adjourned to 25.02.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Advocate Omkar Dalvi h/f adv. Disha Karambar for DH present and requested to keep back the matter.
KB
LO at 12.02pm
Advocate Ms.Priya Rita for DH present and seeks time.
None for JD.
The case is adjourned to 08.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: In view of office order No. 106/2021 dtd. 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
Next Purpose: HEARING
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Court is vacant.
Next Purpose: HEARING
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Matter called out at 11.36 a.m.
Adv. Omkar Dalvi I/b Disha Karamban & Associates for decreeholder present.
Adv. Nandita Sharma h/f Adv. Sunil Sharma for Judgment debtor present.
Judgment debtor tendered reply. TOR.
Copy not served to the decreeholder.
Judgment debtor undertakes to serve the copy of reply to the other side.
Matter stands adjourned to 20.10.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Matter called out at 11.29 a.m.
Adv. Disha Karambar a/w Omkar Dalvi I/b Disha Karambar and Associates for DH present.
Adv. Sunil R. Sharma for JDH present.
DH seeking time as they have not received copy of objection from the JDH.
Matter stands adjourned to 23.11.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: HEARING
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Matter called out at 11.26 p.m.
Adv. Disha Karatmol a/w Adv. Omkar Dalvi for DH present.
Adv. Sunil Sharma for JDR present.
It appears that after filing of consent terms, the dispute arose between the parties with respect to time of payment of balance amount of Rs.5,00,000/- and execution of deed of assignment. Admittedly, defendant already part with substantial amount of Rs.39,00,000/- out of Rs.44,00,000/-. Therefore, defendant is directed to despite the balance amount of Rs.5,00,000/- with this court before 12.01.2022.
Matter stands adjourned to 12.01.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Matter called out at 11.15 a.m.
Adv. Priya Rita a/w Omkar Dalvi I/b Disha Karambar and Associate for DH present.
Adv. Sunil Sharma for JDR present.
Kept back at the request of JDR.
Later on at 11.42 a.m.
Adv. Priya Rita a/w Omkar Dalvi I/b Disha Karambar and Associate for DH present.
Adv. Sunil Sharma for JDR present.
The hearing of the matter can be taken virtually provided parties should supply their email addresses two days in advance. The parties can also file their written submissions.
By consent, matter stands adjourned to 27.01.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Court is on Leave. Board is discharged to next date.
Next Purpose: HEARING
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Matter called out at 11.17 a.m.
Adv. Omkar Dalvi I/b Disha Karambar for DH present.
Adv. Sunil Sharma for JDR present.
At the request of DH, kept back.
Later on at 12.15 p.m.
Adv. Omkar Dalvi I/b Disha Karambar for DH present.
Adv. Sunil Sharma for JDR present. He is seeking time. Time granted.
Matter stands adjourned to 31.03.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Matter called out at 11.23 a.m.
Adv. Disha Karambar a/w Priya Rita and Omkar Dalvi for DH present.
Adv. Sunil Sharma for JDR present.
Both the parties tendered their written submissions. TOR. Exh.2 and Exh.3.
Heard both the side. Closed for orders.
Matter stands adjourned to 18.04.2022 for Orders.
Next Purpose: ORDER
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: NOBTOB
Adv. Priya Rita I/b Disha Karambar and Assoc. for DH present.
Adv. Sunil Sharm for JDR present. He tendered application to produce letter dated 15.06.2017. TOR. Exh.4.
Matter already stands adjourned to 18.04.2022.
Next Purpose: ORDER
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Matter called out at 11.24 a.m.
Adv. Omkar Dalvi a/w Disha Karambar for DH present.
Adv. Sunil Sharma for JDR present.
Both the sides are ready to put up the matter in vacation.
Matter stands adjourned to 17.05.2022 for Orders.
Next Purpose: ORDER
Next Hearing Date: 17-05-2022
Date: 17-05-2022
Business: Adv. Sunil Sharma for plaintiff/ JD present.
Adv. Omkar Dalvi I/b Disha Karamban and associates for applicant present.
Steno is on vacation.
Matter stands adjourned to 24.05.2022 for Order.
Next Purpose: ORDER
Next Hearing Date: 24-05-2022
Date: 24-05-2022
Business: Adv. Priya Rita I/b Disha Karambar and Assoc. for DH present.
Adv. Sunil Sharma for JDR present.
Following F.R.S.R. order is passed in EA. No.161/2019.
ORDER
1. Defendants shall pay interest @ 12% p.a. on Rs.44,00,000/- (Rs. Forty Four Lakh only) to be calculated from 1st July 2012 till its realization, within a period of two months from the date of order;
2. Upon payment of the aforesaid interest, the plaintiff shall comply his part by relinquishing his right, title and interest in Flat no.11, Ganga Smruti Building, Mahul Road, Chembur, Mumbai.
3. The plaintiff is allowed to withdraw an amount of Rs.5,00,000/-, which was deposited by the defendants in this Court;
4. Matter be put up for compliance till 25.07.2022.
Matter stands adjourned to 25.07.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Lalita Sharma for DH present.
None present for defendant.
Matter stands adjourned to 21.09.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. Shon Gadgil for DH present. He is seeking time. Time granted.
Ms. Margaret Rodrigues, CA of JD in person present.
Matter stands adjourned to 02.12.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: None present.
Matter stands adjourned to 27.02.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: None present
Matter stands adjourned on 26.04.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: None present.
Matter stands adjourned on 04.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-08-2023
Date: 04-08-2023
Business: None for D/h present.
None for J/d present.
Both the parties absent and failed to comply order dtd. 24.05.2022 hence, put up for dismissal order.
Matter stands adjourned on 21-10-2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: Both parties absent and failed to comply order dtd 24.05.2022, D/H failed to take steps. Hence adjourned for dismissal order.
Matter stands adjourned on 20-01-2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court is newly formed on 20.01.2024.
Matter transferred from CR NO.3
None for plaintiff.
None for defendant.
Due to formation of new court and change of assignment last chance granted /further order.
Matter adjourned for dismissal/further order to 29-01-2024.
Next Purpose: DISMISSAL
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: N THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CR No.
None for plaintiff.
None for defendant.
kb. LO at 12.00 noon.
None present for plaintiff and defendant. Perused the order dt. 24.05.2022 which is for compliance by the defendant up-till. There is noting to show that the order dt 24.05.2022 is complied by the defendant. Seen then up-till today no step taken by the defendant or the plaintiff as the case may be. The present matter is for dismissal order from dt 21.10.2023. Today no application if any by either party. So it appear that plaintiff/ DH/ defendant/JD are not interested in proceeding with the matter. Hence it stands dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 29-01-2024
