RAMESHKUMAR BABULAL SHAHVsRohidas Kanu Solanki and Anr.

Date: 05-05-2018
Business: Plaintiff Present and prays for issue of warrants under order XXI Rule 48 and 46 of CPC, without issuing Notice as the execution application is filed within two years of passing Decree. Hence issue warrants as prayed for returnable on 06/08/2018
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2018

Date: 06-08-2018
Business: Plaintiff present.  His Advocate absent.  Plaintiff seeks time to file an application for amendment and for fresh warrant as the address of Employer has been changed.  Hence, on his request adjd to 18/08/2018.
Next Purpose: FOR___________________
Next Hearing Date: 18-08-2018

Date: 18-08-2018
Business: Mr. Rameshkumar B. Shah, Plaintiff in person present.  Execution Application marked as Exh.A (colly.).  Mr. Shah tendered original warrant u/o. XXI Rule 48 of C.P.C. with service report endorsed thereon, t.o.r. and marked as Exh.B.  Report shows that warrant could not be served for the reasons mentioned thereon.  In view of the same, the Plaintiff has filed application to allow him to change the address of the Garnishee of Defendant No.2 in E.A. and in warrant of attachment, same is t.o.r and marked as Exh.C.  Application allowed.  Fresh warrant be issued on amended address, returnable on 19/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 19-10-2018

Date: 19-10-2018
Business: Mr. Rameshkumar B. Shah, Plaintiff in person present.  His Advocate absent.  Mr. Shah undertakes to file service report of warrant issued on 21/09/2018 and also undertakes to produce Sheriff\''s Certificate in respect of payment received so far from the Employer of the Defendant on next date, and on his request adjd to 28/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: Plaintiff present. As Court is on leave, board discharged and matter is adjourned to 04/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 04-02-2019

Date: 04-02-2019
Business: Plaintiff present. As Court is on leave, board discharged and matter is adjourned to 14/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 14-02-2019

Date: 14-02-2019
Business: Parties and advocate absent. Record shows that the warrant u/o.XXI Rule 48 of CPC, in the matter has been issued on 21/09/2018, hence Exe.Application stands disposed off. It is made clear that though the Exe.Application is marked as disposed off, warrant issued in the matter will remain alive and the employer of the defendant to comply with the warrant till full satisfaction of Decree subject to provisions of Section 60 of CPC. Plaintiff will be at liberty to apply for Registrars Certificate and Payment Order from time to time till full satisfaction of Decree. Office of Sheriff of Mumbai to furnish certificate/report in respect of warrant of attachment every six months. Plaintiff is at liberty to take out Garnishee Proceedings, if necessary. Plaintiff is also at liberty to file fresh Exe.Application for the residual amount, if Decree is not satisfied within 12 years. Plaintiff shall apply for marking the Decree as fully satisfied upon receipt of entire decretal amount. Office of the Sheriff of Mumbai to act on the certified copy of this Order.
Nature Of Disposal: OTHERWISE
Disposal Date: 14-02-2019

Filing Number: 106003/2018
Filing Date: 02-05-2018
First Hearing Date: 05th May 2018
Decision Date: 14th February 2019
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI