Date: 16-08-2019
Business: P.O is on training. Adjd to 18/10/19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: None for plaintiff.
Adv. Harsha Vaidya for deft. Present.
Registered nm 2277/19 @ affidavit filed by deft. t.o.r.
Affidavit of service of nm filed by adv. for deft.
Adjd. for reply of nm to 23.01.2020.
LO At 3.15 p.m.
Adv. Ruchi for plaintiff present.
Reply to nm 2277/19 filed by adv. for plaintiff. t.o.r.
Copy be served to OS.
Already adjd. to 23.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Adv. Ruchi for plaintiff.
None for Defendant.
Adjd to 22.04.2020 for Notice of Motion.
Lo at 3.10pm
Adv. Harsha Vaid for defendant present.
Already adjd to 22.04.2020 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: By preceipe.
Adv. Ruchi for polaintiff.
Adv. Hegde for defendant filed Application for stay of the transfer of decree dtd.01.04.2019.Heard Ld advocates on behalf of both the parties. The Ld advocate on behalf of defendant also requested to prepone the Notice of Motion and also to grant stay to the execution of decree. The prayers have been resisted on behalf of the DH.
So far as the application for stay of transfer of decree is concerned, the order has been already passed for transfer of decree. Even otherwise that is a proceeding not requiring judicial enquiry. That need not be stayed. As far as the request to stay the execution of decree is concerned there has been no prayer in the notice of motion for stay of execution of decree. In these circumstances said request cannot be granted. Ld advocate on behalf of the defendant submitted that prayer clause C may be taken recourse to grant the relief of stay of execution. However, this court must note that it is a general relief praying to grant any other direction as may be required. The stay of execution of decree is an order which is adverse to the plaintiff/DH. It will not be proper to grant such relief under the general relief as the plaintiff will not get opportunity to reply in writing specifically regarding the stay of execution. The DH side may not be properly put regarding such prayer for stay under the general relief category. It will be denial of opportunity to the DH to contest and specifically put his contentions regarding the request for stay of execution of decree. Therefore, the request for stay of execution of decree cannot be granted unless specific prayer is made and the same prayer has been heard and properly appreciated.
So far as the request to preponed the matter, considering that the DH may put the decree in execution and therefore, the notice of motion should be expeditiously decided as early as possible. The Notice of Motion was adjourned to 22.04.2020. In the interest of justice same is preponed and be fixed for hearing on 15.02.2020 in morning session.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Adv. Ruchi for plaintiff
Adv. Gopal Hegde for defendant I/b Adv. Harsha Vaid for defendant
Heard argument on behalf of defendant on NM.
Adv. for defendant filed
Exh.7- Application to stay of decree dtd.01/04/2014. Heard. It is submitted that the execution proceeding has been filed before the court at Delhi. The arguments on behalf of the defendant on the Notice of Motion have been concluded. The plaintiff has to advance his arguments. However, the plaintiff has sought time to advance arguments. In the interest of justice, till next date the execution of the decree is stayed.
Adjd for argument on behalf of plaintiff to 03-03-2020
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv. Manish Trivedi for plaintiff.
Adv. Harsha Vaid for defendant filed
Exh.8- Application for submission of document. O- Allowed on record.
Heard arguments on behalf of the plaintiff. Heard rejoinder arguments on behalf of the defendants.
Exh.9- Application to continue stay till order of NM. The arguments have been concluded today. The matter is being posted for order. In the interest of justice the stay to execution of decree to continue till next date.
Adjd for Order on NM to 16-03-2020
Next Purpose: NM ORDERS
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Adv Manish Trevdi present for plaintiff\''
Adv Harsh for defendant present.
F.R.S.R. following order:
ORDER
The Notice of Motion No.2277 of 2019 is rejected.
Nature Of Disposal: OTHER
Disposal Date: 16-03-2020
