The Best Co-Operative Housing Society LtdVsThe National Textile Corporation and anr.

Date: 04-05-2018
Business: Mr. Rajneesh Dube, Advocate for Plaintiff Present. Shri. Dube prays for issue of Notice under order XXI Rule 22 CPC. Hence issue Notice as prayed for returnable on 14/06/2018.
Next Purpose: FOR___________________
Next Hearing Date: 14-06-2018

Date: 14-06-2018
Business: Mr. Rajnish Dubey, Advocate for Plaintiff, present, and prays for substitute service upon Defendant No.2.  His request allowed, matter adjd to 20/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 20-07-2018

Date: 20-07-2018
Business: Mr. R. A. Dubey I/b Krishna Kumar Mishra, Advocate for Plaintiff, present.  On request of Mr. Dubey, for completing service, adjd to 13/08/2018.
Next Purpose: FOR___________________
Next Hearing Date: 13-08-2018

Date: 13-08-2018
Business: Mr. R. A. Dubey I/b Krishna Kumar Mishra, Advocate for Plaintiff, present.  On request of Mr. Dubey, for completing service, adjd to 11/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 18-08-2018

Date: 18-08-2018
Business: Mr. Krishna Kumar Mishra, Advocate for Plaintiff, present.  Execution Application marked as Exh.A (colly.).  Matter is TOB by way of praecipe, marked as Exh.B.  Mr. Mishra files an application for correction in Title of E.A. in respect of address of Defendant, same is t.o.r. and marked as Exh.C.  It is made clear to Mr. Mishra that E.A. required to be amended and the Defendant be served afresh with amended proceedings.  Mr. Mishra agrees for the same.  For amendment and issuance and return of fresh notice, adjd to 11/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 11-09-2018

Date: 11-09-2018
Business: Mr. R. A. Dubey I/b Krishna Kumar Mishra, Advocate for Plaintiff, present.  On request of Mr. Dubey, for completing service, adjd to 29/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 29-09-2018

Date: 29-09-2018
Business: Mr. R. A. Dubey I/b Krishna Kumar Mishra, Advocate for Plaintiff, present.  Affidavit of service dated 15/09/2018, tendered by Mr. Dubey is t.o.r. and marked as Exh.D.  Mr. Dubey states that service is effected upon Defendant No.1 and return unserved in respect of Defendant No.2.  Mr. Dubey therefore, prays for substitute service by all permissible modes.  Allowed.  Substitute service returnable on 26/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 26-10-2018

Date: 26-10-2018
Business: Mr. R. A. Dubey I/b Krishna Kumar Mishra, Advocate for Plaintiff, present.  On request of Mr. Dubey, for taking further steps, for service upon Defendant No.2, adjd to 26/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 26-11-2018

Date: 26-11-2018
Business: Mr. R. A. Dubey I/b Krishna Kumar Mishra, Advocate for Plaintiff, present.  On request of Mr. Dubey for filing affidavit service, adjd to 07/12/2018.  Later on Mr. Prathmesh Seth, Advocate for Defendant, present.  He is informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 07-12-2018

Date: 07-12-2018
Business: Shri. R.A. Dubey, Advocate for plaintiff present. Shri. Dubey has tendered affidavit of service dated 05/12/2018, taken  on record and marked as Exh-E. Shri. Dubey seeks time to take further step as the  notice could not be served upon opponent No.02 and on request adjourned to 14/12/2018.
Next Purpose: FOR___________________
Next Hearing Date: 14-12-2018

Date: 14-12-2018
Business: Shri. Rajnish Dube, Advocate for disputant present. Shri. Prathmesh Seth, Advocate for opponent No. 01 present. Vakalatnama of Joseph Fernandes, Advocate for opponent No. 01, tendered by Shri. Seth is taken on record and markes as Exh. F.Shri. Seth seeks time to file reply of opponent No. 01 and by consent adjourned to 11/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 11-01-2019

Date: 11-01-2019
Business: Shri. K.K. Mishra, Advocate for disputants present. Shri. Prathamesh Seth, Advocate for opponent No. 01 present. Shri. Mishra prays for issue of warrant of attachment as the opponent no. 01 though served has not filed any reply. Shri. Seth seeks some time to file reply and objecting for issue of warrant stating that he has already filed Vakalatnama and appeared before this court today and seeking some time. However, Shri. Mishra is strongly praying  for issue of warrants today only, on request of Shri. Seth the matter of kept back for taking instructions. However, later on Shri. Seth did not appeared and Shri. Mishra has filed application for issue of warrant of attachment and writ of possession taken on record and marked as Exh. G and on request of Shri. Mishra adjourned to 14/01/2019 ( First on Board).
Next Purpose: FOR___________________
Next Hearing Date: 14-01-2019

Date: 14-01-2019

Date: 16-01-2019
Business: DH in person present and requested to keep  back the matter.
Adv. Prathamesh for JD no.1 present and filed reply. Copy served to other side.
Since court is busy in recording evidence in High Court Time Bound Matters in Suits no. 7423/1980 and 1016/2016. Hence matter adj. for Hearing on 14.02.2019.
Next Purpose: HEARING
Next Hearing Date: 14-02-2019

Date: 14-02-2019
Business: Adv. Dubey for plaintiff present and filed rejoinder to the reply filed by JD. Copy served to other side.
Adv. Prathamesh for JD present.
Matter adj. for Hearing to 06.06.2019.
Next Purpose: HEARING
Next Hearing Date: 06-06-2019

Date: 06-06-2019
Business: Adv. Mishra for Decree Holder present.
Adv. Fernandis for Judgment Debtor present.
Matter stands Adj for Say/Hearing on objection to 28.06.19
Next Purpose: HEARING
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: The court is on leave
Next Purpose: HEARING
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adv. K. K. Mishra for DH present.
Adv. Prathmesh Singh for JD present and seeks time to submit written notes. Time granted as last chance.
Heard both sides. It is submitted that JD will file his written notes and thereafter on 22.08.19 the DH will make oral submissions.
Matter stands Adj for submitting written notes of arguments of JD to 09.09.19
Next Purpose: HEARING
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Adv. Rajnish Gupta for plaintiff present.
None present for defendant.
Matter stands Adj for hearing to 25/09/2019.
Next Purpose: HEARING
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Court is busy in hearing arguments in suit no. 6266/05 and 6636/05. Hence, Board is discharged.
Next Purpose: HEARING
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Adv. Mishra for DH present and filed written notes of arguments.
Written notes of arguments filed on behalf of DH.
Adv. Fernandis for JD present.
Partly heard both sides. Ld. counsel for JD submitted that copy of resolution authorising the DH to file execution proceedings is not filed on record. Ld. counsel for DH submitted that this point is not mentioned by the JD in the objections taken in the proceedings. However, he submitted that he will produce copy of resolution on next date.
Matter stands Adj for hearing to 21.11.19.
Next Purpose: HEARING
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: DH/Disputant present.
Adv. K. K. Mishra for DH/Disputant present.
None present JD/Opponent present.
Adv. Mishra produced resolution/NOC given by the BEST Co. Hsg. Soc. dated 27.04.18.
Resolution/NOC given by the BEST Co. Hsg. Soc. dated 27.04.18.
Heard Adv. Mishra on objections raised by JD/Opponent along with copy of resolution/NOC given by the BEST Co. Hsg. Soc.

FRSR following order is passed below
                                  ORDER
The objections raised by the JD/Opponent are hereby turned down/rejected.
Now the R and P of  Execution Proceeding shall be sent back to the Ld. Registrar of this court for further necessary action and completion of Execution Proceedings.
The parties shall appear before the Registrar of this Court on 27.11.19. The Ld. counsel for DH/Disputant is informed accordingly.
Next Purpose: HEARING
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Shri. Krishna Kumar Mishra, advocate for the Disputant present.
Shri. Mishra has tendered the application for passing order on warrant of attachment, t.o.r. and marked as Exh-05.
On request of Shri. Mishra, for order on the said application, adjd to 28/11/2019.
Later on, Shri. Prathamesh Seth, advocate for the opponent appeared and he has been informed about the next date.
Next Purpose: HEARING
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Shri. Bharat Heamnan,disputant present. His advocate absent.
Shri. Prathmesh Seth, advocate for the opponent no.02 present.
Shri. Seth states that the opponent no.02 intends to file Appeal against the order passed by the Honourable Court No.03 on 21/11/2019 in the present matter.
However, as the Honourable Court has already turned down the objection of the opponent and advocate for the disputant has filed application for issue of warrants of attachment, issue warrants of attachment u/o. XXI Rule 43 and 54 of CPC as prayed for, returnable on 18/02/2020.
Next Purpose: HEARING
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Shri. K. K. Mishra, advocate for the plaintiff present.
None for the defendant.
Matter is taken on board by way of praceipe, marked as Exh-06.
Shri. Mishra, has tendered the application for issue of writ of possession, t.o.r. and marked as Exh-07 and on request of Shri. Mishra for orders on the said application, adjd to 03/01/2020.
Next Purpose: HEARING
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: Shri. Pankaj Hasrajani, disputant present.
None for the opponent.
Upon hearing disputant, application for issue of warrant of possession tendered yesterday is hereby allowed. Issue warrant of possession as prayed for, returnable on 18/02/2020.
Next Purpose: HEARING
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Shri. K.K. Mishra, advocate for the plaintiff present.
Shri. Mishra has tendered true copy of report in respect of non execution of warrant of possession, t.o.r. and marked as Exh-8.
In view of the said report, Shri Mishra has tendered application for forceful possession by breaking open the lock and bolt by help of police if required, t.o.r. and marked as Exh-9.
Shri Mishra submits that for orders on the application tendered today, matter may be referred to the Honourable Court.
Hence, the matter is hereby submitted to Honourable Court  on 02/03/2020 as per assignment.
Office to take steps to assign the matter to the Honourable Court as per assignment.
Parties and Advocates to appear before the Honourable Court as may assigned on 02/03/2020.
Next Purpose: HEARING
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv. K. K. Mishra for D.Hr. present.
None present for the J.Dr.
Heard adv. Mishra He submitted that on 22.01.2020 this court had issued possession warrant. Accordingly on 04.02.2020 bailiff of the court had visited suit premises for executing the possession warrant. It was found that premises were locked. Opponent no.2 Navneet Gupta informed that the premises is locked since long.
          Learned Counsel for the D. hr. submitted that in view of the bailiff report at Exh.8, orders may passed to break open the lock of the door of the suit premises and if the execution of the possession warrant is resisted, police protection may be granted to the D. Hr.
        Considering the bailiff report, oral prayer of Learned Counsel for the D. hr. is granted alongwith  police aid, with permission to the court bailiff to break open the lock of the door of the suit premises is also granted to the D.hr. as prayed.
    Now the R and P  can be sent to Registrar for the further action
Matter stands Adj for 26.03.2020
Next Purpose: HEARING
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: HEARING
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 03-08-2020

Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: Advocate K.K.Mishra for DH present and filed application for extension of date of possession warrant. TOR and marked as Exh.10.
None for JD.
Order on Exh.10
Perused. Heard advocate for DH.
By an order dated 02.03.2020 contained in roznama, my Predecessor has already directed issuance of possession warrant for taking possession of premises by breaking open the law.  By this application the returnable date is  sought to be extended as the warrant could not be executed due to lockdown in the wake of COVID -19 pandemic. Hence considering circumstances the returnable date of possession warrant is extended and it is  made returnable on 05.04.2021.
The case is adjourned to 05.04.2021 awaiting report.
Next Purpose: REPORT
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 22.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  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: REPORT
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Matter called out at 12.33 p.m.
Decreeholder Pankaj Hasrajani tendered possession receipt and original writ of possession warrant. TOR. Exh.11 & Exh.12 pointing out that he has received possession of suit flat on 02.03.2021.
Matter stands adjourned to 18.12.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: NoneNone present.
Matter stands adjourned to 03.03.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: Court is on leave in second session. Hence, board discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: None present.
Matter stands adjourned to 24.06.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: None present.
No steps taken.
Issue notice of appearance to the parties through bailiff/RPAD.
Matter stands adjourned for 24/08/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Bailiff report received. TOR. Exh.13.
DH No.2 in person present on issuance of notices by this court. He is directed to pay Rs.200/- as notice charges to Sheriff office.
DH tendered application for disposal of matter. TOR. Exh.14.
Issue notice of appearance to the JD through bailiff/RPAD.
Matter stands adjourned to 03.11.2022 for appearance of JD.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: DH No.2 in person present. No objection for the withdrawal of Execution application filed by DH No.2 for DH No.1. TOR. Exh.15.
None present for JD.
DH do not want to proceed with the matter and prayed for disposal of the same in full satisfaction.
Hence, EA No.108/2018 stands disposed of in full satisfaction.
Nature Of Disposal: OTHERWISE
Disposal Date: 03-11-2022

Registration Number: 100108/2018
Transfer Date: 15-01-2019
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Registration Number: 100108/2018
Transfer Date: 21-11-2019
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100108/2018
Transfer Date: 25-02-2020
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 105622/2018
Filing Date: 23-04-2018
First Hearing Date: 04th May 2018
Decision Date: 03rd November 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE