Akshar Ramesh JainVsHemant Deoram Patil +1 more

Date: 26-06-2019
Business: C.A. of Plaintiff present.  His Advocate absent.  On request of C. A. of Plaintiff, for taking further steps, adjd to 03/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Shri. R.B. Shah, C.A. of Plaintiff present.  Shri. Shah prays for issue of Warrant u/o.XXI, Rule 48 of CPC, without issue of notice, stating that the Execution Application is filed within two years of passing of Decree.  Hence, issue warrant as prayed for, returnable on 05/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Parties and Advocate absent,  adjd to 10/01/2020.
Exh.application marked as Exh-A(Colly).
Letter bearing no.P and A-HR-Bank Loan-16584, dt. 06/08/2019, under this office inward no.8685,dt.14/08/2019, taken on record and marked as Exh-B.
Next Purpose: FOR___________________
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Shri. Dilip Satale, advocate for the plaintiff present.
On request of Shri. Satale, for taking further steps, in view of letter received from the garnishee of the defendant, adjd to 16/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Parties and advocates absent.
As Court is on leave, board discharged and adjd to 01/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 01-02-2020

Date: 01-02-2020
Business: Shri. R.B. Shah, C.A. of plaintiff present.
On request of Shri. Shah, for taking steps, adjd to 04/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Shri. R.B. Shah, C.A. of plaintiff present.
Shri. Shah has tendered the affidavit in support of the Garnishee Notice, t.o.r. and marked as Exh-C.
However, it will be appropriate to issue show cause notice against the garnishee and Shri. Shah agrees for the same. Hence, issue show cause notice against garnishee annexing therewith the affidavit tendered today, returnable on 05/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Shri R.B Shah C.A. of plaintiff present.
Shri. H.D. Patil defendant present.
Shri Vinit Kamat, Manager of Bharat Petroleum corporation Ltd.,(Garnishee)present.
Defendant states that he has undertaken to pay the amount under decree to the plaintiff within short period.
Hence, Shri Shah states that he is not pressing for execution of warrant u/o XXI Rule 48 of CPC by reserving the right to proceed further with the said warrant if the defendant fails to comply to pay the decreetal amount as undertaken today.
 Hence, by consent adjourned to 22/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 31-07-2020

Date: 31-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Reason For Adjournment: court time is over
Next Purpose: FOR___________________
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: Shri R.B. Shah CA of plaintiff present.
On request of Shri Shah for taking instructions, adjourned to 23/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Parties and advocate are absent matter adjourned to  27/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 26/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 28/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Parties and Advocates absent, matter adjourned to 11/11/2021, by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: Shri R.B.Shah, C.A. of plaintiff present.
On request of Shri Shah, for filing an application for amending the Exe.Application, adjourned to 29/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: As Court is on leave, board discharged and matter adjourned to 06/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Shri R.B. Shah, C.A. of plaintiff present.
Shri Shah states that defendant is likely to retired form service under voluntary retirement scheme and therefor prays for amendment in exe.application praying for warrant u/o.XXI, Rule 46, of CPC and has tendered amendment application accordingly t.o.r. and marked as Exh.D.
Upon hearing, Shri Shah, amendment application be allowed, amendment be carried out as per rule and warrant u/o.XXI, Rule 46, of CPC, be issued after amendment returnable on 08/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: Shri Dileep Satale, advocate for plaintiff present.
On request of Shri Satale, time to carry out amendment is extended till 31/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Shri R.B. Shah, C.A of plaintiff present.
None for defendant.
On request of Shri Shah, for taking instruction matter adjourned to 18/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: Shri R.B. Shah C.A of plaintiff present.
On request of Shri Shah time to carry out amendment as per Exh.D, is extended by fourteen days form today.
Warrant u/o.XXI, Rule 46 of CPC after amendment be issued returnable on 24/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Shri R.B.Shah, C.A. of the plaintiff present.
Shri Shah undertakes to place on record copy of power of attorney on next date.
On request of Shri Shah, time to carry out amendment is extended till 30/08/2022 and matter adjourned to 03/09/2022, for further directions.
Next Purpose: FOR___________________
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: 03-09-2022 being declared as Spl.Holiday on account of Ganesh Festival vide Office Order No.178 of 2022, matter adjourned to 06/09/2022.
Next Purpose: FOR___________________
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Shri R.B.Shah, C.A. of the plaintiff present.
On request of Shri Shah, time granted by way of last chance to carry out amendment by 14 days from today and matter adjourned to 28/09/2022, for further directions.
Next Purpose: FOR___________________
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Shri Ramesh Shah C.A. of plaintiff present.
Shri Shah states that amendment has been carried out and prays for issue of warrant of attachment U/o.XXI Rule 46 of CPC.
Upon hearing Shri Shah issue warrant as prayed for returnable on 19/11/2022.
Next Purpose: FOR___________________
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: Parties and advocate absent adjourned to 19/12/2022.
Next Purpose: FOR___________________
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Shri R.B. Shah, C.A. of Plaintiff present.
On request of Shri Shah matter adjourned to 20/01/2023 by extending the returnable date of warrant.
Next Purpose: FOR___________________
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Shri R.B. Shah, C.A of Plaintiff present.
Shri Hemant Patil, for defendant No.1 present.
Shri Shah has tendered original warrant with service report of bailiff pasted thereon t.o.r and marked as Exh.E.
Shri Shah states that matter has been settled and seeks time to file application for withdrawal and on his request matter adjourned to 09/02/2023.
Next Purpose: WITHDRAWAL
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Shri R.B. Shah, C.A. of plaintiff present.
Shri Shah has tendered Original Show cause Notice Dated 13/02/2020, with service report of bailiff pasted thereon t.o.r and marked as Exh.F.
Shri Shah has also tendered original warrant U/o.XXI, Rule 48 of CPC with service report of bailiff pasted thereon t.o.r and marked as Exh.G.
Shri Shah prays for withdrawal of execution application stating the defendant No.1 has paid the entire decreetal amount to the plaintiff and as tendered application for withdrawal t.o.r and marked as Exh.H.
Upon perusing the application for withdrawal and upon hearing Shri Shah execution application is allowed to be withdrawn and stands disposed of by razing/withdrawing the warrants of attachment issued in the matter.
Nature Of Disposal: WITHDRAWL
Disposal Date: 09-02-2023

Main Case No: SUMMARY CIVIL SUIT/0100716/2018
Main Cnr: MHCC010067422018
Main Filing No: 113080

Filing Number: 106401/2019
Filing Date: 17-06-2019
First Hearing Date: 26th June 2019
Decision Date: 09th February 2023
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI