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EXECUTION APPLN

Housing Development Finance corporation LimitedVsMayur Ratanshi Sampat and Anr.

CNR MHCC010057532018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 23rd December 2022

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
100117/2018
Registration Date
25 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant

    Case History / Proceedings

    Case History
    Date: 29-06-2018
    Business: Parties and Advocate absent, adjd to 11/07/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-07-2018
    
    Date: 11-07-2018
    Business: Parties and Advocate absent.  Since, Court is on leave, board discharged and adjd to 03/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-09-2018
    
    Date: 03-09-2018
    Business: Parties and Advocate absent, adjd to 25/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-09-2018
    
    Date: 25-09-2018
    Business: Shri Sandip Kumbhar, Advocate for Plaintiff present.  On request of Shri Kumbhar, adjourned to 12/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-11-2018
    
    Date: 12-11-2018
    Business: Shri Vinayak Palande, Advocate for plaintiff present.  Shri Palande prays for issue of warrants of attachment u/o/XXI, Rule 43 and 54 of CPC, without issue of notice, stating that the Exe.Application has been filed within two years of passing decree.  Hence, issue warrants as prayed for, returnable on 12/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-02-2019
    
    Date: 12-02-2019
    Business: Miss. Deepali Jadhav, advocate for plaintiff present. On request of Ms. Jadhav, for compliance of order dt.12/11/2018, on returnable date of warrant is extended till 14/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-06-2019
    
    Date: 14-06-2019
    Business: Parties and Advocate absent, adjd to  07/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Shri. Vinayak Palande, advocate for the Plaintiff present. Exe.application marked as Exh.A(Colly). Shri. Palande has tendered the application for extension of returnable date of warrant, taken on record and marked as Exh.B. Upon hearing Shri. Palande and upon perusing the application, returnable date of warrants, is extended till 07/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Ms. Deepali Jadhav, advocate for the Plaintiff present.
    Ms. Shubhangi, advocate for the defendant no.4 and 5 present.
    Copy of order dt.05/11/2019, passed by the Honourable Court No.31, in Notice of Motion no. 4033/2019, tendered by Ms. Shubhangi kept in R and P.
    As per the said order execution is stayed for three months and hence by consent, adjd to 02/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Ms. Vijaya Jadhav Advocate for Decree Holder present.
    Ms. Chaitali Jadhav Judgment debtor present.
    In view of pendency of NM NO.4033/2019, by consent adjourned to 03/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: Parties and advocate are absent adjourned to 06/03/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: Ms. Dipali Jadhav advocate for plaintiff present.
    Ms. Jadhav seeks adjournment on account of stay granted vide orders in Notice of Motion No.4033/2019, presently pending in Court room No.20, and adjourned to 26/04/2021.
    In view of above on request of Ms. Jadhav matter adjourned to 16/06/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: In view of directions vide Office Order No.106 of 2021, matter adjourned to 20/08/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Shri Abhishekh Nikharge advocate for defendant No. 4 and 5 present.
    None for plaintiff.
    Shri Nikharge states that stay granted in Notice of Motion is continued and Hence, On request of Shri Nikharge matter adjourned to 11/10/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Ms. Vidhi Mehta advocate for defendant present.
    Ms. Mehta states that stay granted by order in Notice of Motion is further extended vide order dated 08/10/2021, and now Motion is adjourned to 16/11/2021 and she therefore, prays that present matter be adjourned beyond that date.
    Hence, matter adjourned to 18/11/2021.
    LO
    Shri Vinayak Palande advocate for plaintiff appeared and he has been informed about next date.
    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 05/01/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Ms. Vidhi Mehta, Advocate for plaintiff present.
    On request of Ms. Mehta ,matter adjourned to 25/02/2022, as the stay granted in Notice of Motion is continued, which has been adjourned to 21/02/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Ms. Vidhi Mehta intern of advocate for plaintiff present.
    Ms.Mehta states that the Notice of Motion No.4033/2019 in the matter is pending before the Honourable Court and present adjourned to 04/04/2022.
    Hence, on request of Ms. Mehta matter adjourned to 12/04/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: Shri Abhishekh Nikharge, Advocate for defendant No.5 and 6 present.
    None for plaintiff.
    Shri Nikharge states that stay granted in Notice of Motion is continued and presently notice of Motion is adjourned to 13/06/2022 and he therefore, seeks adjournment beyond that date.
    Hence, on request of Shri Nikharge,  matter adjourned to 20/06/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Shri Rohan Shah advocate for plaintiff present.
    Ms. Vidhi Mehta Intern of advocate for defendant present.
    By consent, matter adjourned to 18/08/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: MS. Deepali Jadhav, advocate for plaintiff present.
    Shri Jitendra Malkan, defendant No.5 present.
    Ms. Jadhav seeks adjournment stating that matter is being settled and on her request adjourned to 28/09/2022.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Ms.Dipali Jadhav, Advocate for Plaintiff present.
    Jitendra Malkan, Defendant No.5 present.
    Ms.Jadhav states that matter has been settled.  However, in order to file consent terms plaintiff has to apply for return of original documents which are on record of the subject suit and therefore, seeks adjournment.
    Hence, adjournment granted, however, by way of last chance.
    Matter adjourned to 04/11/2022.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: As Court is on leave, board discharged and matter adjourned to 02/12/2022.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Shri Vinay Palande, advocate for plaintiff present.
    Ms. Vidhi Mehta, advocate for defendant present.
    Shri Palande invited my attention roznama dated 28/09/2022 and submits that plaintiff has already applied for return of original documents which are on record of the subject suit, however, not yet get the original documents, enabling to file Consent Terms.
    Hence, by consent matter adjourned by way of last chance to 16/12/2022.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: Shri Vinayak Palande, advocate for plaintiff present.
    Ms. Vidhi Mehta, advocate for defendant No.4 and 5 present.
    Ms. Minakshi Singh, Assistant General Manager of HDFC Bank Ltd. Present.
    Shri Palande states that Consent Term have been drafted and copy of which has been furnished to Ms Mehta.
    Ms. Mehta seeks adjournment to take instructions from his senior to finalize the Consent Terms to which Shri Palande has no objection and hence, by consent, matter adjourned to 23/12/2022.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 23-12-2022
    
    Date: 23-12-2022
    Business: Shri Vinayak Palande, advocate for plaintiff present.
    Ms. Vidhi Mehta, advocate for defendant No.4 and 5 present.
    Defendant Nos. 4 and 5 also present.
    Shri Sushat Mankame, Assistant General Manager of HDFC Bank Ltd. Present.
    Shri Palande submitted Consent Terms dated 23.12.2022 signed by authorised representative of plaintiff, defendant Nos.4 and 5,  and by their respective advocates.
    Parties present admit the contents of the Consent Terms and hence, Consent Terms read and recorded, t.o.r and marked as Exh.C.
    Both the advocates states that in view of Consent Terms nothing survives in the present execution application.
    In view of the above, execution application stands disposed of by raizing/withdrawing the warrants of attachment issued in the matter.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 23-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105068/2018
    Filing Date: 25-04-2018
    First Hearing Date: 29th June 2018
    Decision Date: 23rd December 2022
    Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    0

    No order text is available in this record.

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