Date: 29-07-2019
Business: Parties and Advocate absent, adjd to 06/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: Shri. S.S. Desai, Advocate for plaintiff present. Shri. Desai prays for issue of warrants u/o XXI Rule 43 and 54 of CPC, without issue of notice stating that the Exe. Application is filed within two years of passing Decree. Shri. Desai states that the property sought to be attached is free from all the encumbrances and belongs to defendant. In view of this issue warrants as prayed for, returnable on 05/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Shri. Abhay Singh Shirke, advocate for the Defendant present.
Shri. Ashish R. Joshi, defendant present.
Shri. Shirke seeks time to file reply, and on his request, adjd to 25/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Shri. S.S. Desai, advocate for the plaintiff present.
On request of Shri. Desai, awaiting inventory, adjd to 16/12/2019.
Later on defendant present and he has been informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Shri. S. S. Desai, advocate for the plaintiff present.
Exe.application marked as Exh-A(Colly).
Shri. Desai original warrant u/o.XXI Rule 43 and 54 of CPC, alongwith execution report endorsed thereon, t.o.r. and marked as Exh-B and C respectively.
Inventory bearing no. PVK/A-75565/1793/2019, dt.11/12/2019, under this office inward no. 13428, dt.12/12/2019, taken on record and marked as Exh-D.
On request of Shri. Desai, for taking further steps, adjd to 07/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Shri. S. S. Desai, advocate for the plaintiff present.
On request of Shri. Desai, adjd to 11/02/2020, for taking further steps.
Next Purpose: FOR___________________
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Shri. S.S. Desai, advocate for the plaintiff present.
On request of Shri. Desai, adjd to 26/02/2020, for taking further steps.
Next Purpose: FOR___________________
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Shri Vishwanath Kotian plaintiff present.
Shri. Abhay Singh Shinde Advocate for defendant present.
As Court is on leave, board discharged and adjourned to 13/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Shri Vishwanath Kotian plaintiff present.
Shri Abhaysingh Shinde advocate for defendant present.
Shri. Shinde has tendered vakalatnama for the defendant t.o.r. and marked as Exh-E.
Shri. Shinde has also tendered reply of the defendant, t.o.r. and marked as Exh-F.
Copy of reply has been served upon plaintiff across the bar.
Plaintiff has tendered affidavit in support of issue of warrant of sale, t.o.r. and marked as Exh-G.
Plaintiff seeks time to file rejoinder to the reply of the defendant tendered today.
By consent, for rejoinder of the plaintiff, adjourned to 30/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 15-04-2020
Date: 15-04-2020
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: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Parties and advocate are absent adjourned to 09/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Parties and advocate are absent adjourned to 09/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Parties and advocate are absent adjourned to 03/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: Being holiday as per Office Order No.120 of 2021, matter adjourned to 18/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Parties and advocate are absent adjourned to 09/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Parties and Advocate absent matter adjourned to 08/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Shri M.R. Yadav advocate for plaintiff present.
On request of Shri Yadav matter adjourned to 12/11/2021, for taking instructions in regard to filing of rejoinder.
Next Purpose: FOR___________________
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Shri Shaunak Desai, advocate for plaintiff present.
On request of Shri Desai, matter adjourned to 09/12/2021, for rejoinder of plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Plaintiff present.
On request of plaintiff matter adjourned to 17/01/2022, for filing rejoinder.
Next Purpose: FOR___________________
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 14/02/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Parties and advocate absent adjourned to 05/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Parties and advocate absent adjourned to 30/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Ms. Deepa Amati, i/b Ms. Somya Pujari, Advocate for plaintiff present.
On request of Ms. Amati, adjourned to 19/04/2022, for filing of vakalatnama for plaintiff and to take further steps.
Next Purpose: FOR___________________
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Parties and advocate absent adjourned to 28/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Shri Siddharth Jadhav advocate for plaintiff present.
None for defendant.
Shri Jadhav states that on next date he will file vakalatnama for plaintiff and also rejoinder to the reply filed by defendant and on his request, matter adjourned to 13/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: As court is on leave, board discharged and adjourned to 29/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: Parties and advocate absent adjourned to 12/10/2022.
Next Purpose: FOR___________________
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Ms. Anita Singh advocate for plaintiff present.
Ms. Singh, seeks time to file rejoinder.
Attention of Ms. Singh is invited to roznama dated 28/06/2022, when Shri Siddharth Jadhav advocate for plaintiff appeared and made statement that on next date he will file vakalatnma for plaintiff and upon hearing this Ms. Singh submits that she will take instructions from plaintiff and make proper statement on next date.
Hence, on request of Ms. Singh for rejoinder of plaintiff adjourned to 30/11/2022.
Next Purpose: FOR___________________
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Shri Vishwanath Kotian, plaintiff present.
Shri Kotian, seeks time to engage advocate and to file rejoinder.
Matter is being adjourned time and again to engage an advocate and hence adjournment granted by way of last chance.
Hence, matter adjourned to 04/01/2023.
Next Purpose: FOR___________________
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Shri Hasan Sayed, Advocate for plaintiff present.
Shri Sayed states that vakalatnama for plaintiff is ready, however, states that NOC of earlier advocate is to be obtained.
On that note Shri Sayed seeks adjournment, adjournment granted till tomorrow, however, matter to appear under caption for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Shri R.A. Shaikh advocate for plaintiff present.
None for Defendant.
Shri Shaikh tendered Vakalatnama for Plaintiff with no objection of earlier advocate endorsed thereon, t.o.r., marked as Exh-H.
Shri Shaikh seeks time to file application for amending column J of the Exe.Application for issuance of Notice U/o.XXI, Rule 41 of CPC and on his request matter adjourned to 21/02/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Ms. Swati Margi, advocate for plaintiff present.
Ms. Margi has tendered affidavit-cum-application for amendment, t.o.r marked as Exh.I.
Upon hearing Ms. Margi, amendment application allowed.
Amendment be carried out with in 14 days from today and notice U/o.XXI, Rule 41 of CPC, after amendment be issued, returnable on 11/04/2023.
Next Purpose: NOTICE
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Shri Rafique Shaikh, Advocate for Plaintiff present.
None for defendant.
Shri Shaikh submits that matter be referred to Honourable Court for passing appropriate orders for taking the Judgment Debtor in custody and on his request, matter is hereby submitted to Honourable Court as per assignment on 28/04/2023.
Office to take steps to assign the matter to Honourable Court.
Parties and advocates to appear before the Honourable Court, as may be assigned, on 28/04/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Date: 02-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Swati Margi i/b. R. A. Shaikh for the Decree Holder present and filed application TOR marked at EXH-2
O-filed.
Matter is adj to 20/09/2023 for hearing on EXH -2.
Next Purpose: HEARING
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Decree holder and his advocate are absent.
Adv. Swati Margi i/b Adv. R. A. Shaikh for plaintiff/judgement Holder is present and requested for adjournment. Adjournment is granted.
Matter is adj to 10.10.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Mariyah Khatkhatay h/f Adv. R. A. Shaikh for decree holder is present.
Order below Exh-2
Application is disposed of, as not pressed.
The decree holder has filed application under Order-21, Rule-37 of the CPC. TOR. It is marked as Exh-3.
Order below Exh-3
Perused the application. Heard the counsel for the decree holder. Issue show cause notice to the Judgment debtor to appear before this court and show the cause why he should not be committed to the Civil Prisoner.
Matter is adj to 20.12.2023 for report of notice.
Next Purpose: REPORT
Next Hearing Date: 20-12-2023
Date: 20-12-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Ms. Swati Margi h/f Adv. R. A. Shaikh for Decree holder is present.
Adv. Mr. Tushar V. Kadam for Judgment Debtor is present and he filed undertaking. Taken on record and marked as Exh.4. He prayed for time to file reply. Time is granted till next date.
Matter is adjourned to 09/01/2024 for filing V/P and reply.
Next Purpose: REPLY
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. R. A. Shaikh for decree holder is present.
Advocate Tushar V. Kadam has filed undertaking on last date to submit Vakalatnama. However, today also he has not filed Vakalatnama and reply. On oral request matter is adjourned to file Vakalatnama and reply, subject to costs of Rs.1,000/- to be paid to the decree holder on or before decree holder.
Matter is adj to 12.01.2024 for filing Vakalatnama and reply.
Next Purpose: REPLY
Next Hearing Date: 12-01-2024
Date: 12-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder and his advocate are absent.
Keep back.
Later on at 3.04 pm
The decree holder is present.
Adv. R. A. Naik for decree holder is present.
The Judgment debtor and his advocate are absent.
It is submitted by the Ld. counsel for the decree holder that judgment debtor has not paid the costs, in view of the order dated 09.01.2024. The matter is adjourned as a last chance.
Matter is adj to 06.02.2024 for filing Vakalatnama and reply.
Later on at 4.20 pm.
Adv Mr. Tushar Kadam for the defendant is present.
He has tendered vakalatnama and reply. Taken on record. However, it appears that he has not paid cost to the Decree holder. The vakalatnama and reply will be taken on record after paying the cost of Rs.1000/- to the Decree holder.
Matter is already adj to 06.02.2024 for taking Vakalatnama and reply on record.
Next Purpose: REPLY
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder in person present.
Adv. Rafique Ahmed Shaikh for decree holder is present.
Keep back.
Later on at 3.29 pm
The decree holder in person present.
Advocate for decree holder is present.
Adv. Tushar Kadam for judgment debtor is present and paid costs to the plaintiff. Further, he submitted that he is ready to deposit Rs.1,00,000/- on 07.02.2024 in the court or directly to the decree holder. The decree holder is directed to give bank details to the judgment debtor. Further, he is ready to inform regarding the schedule by taking insturctions from judgment debtor. Hence, adjourned for order.
Matter is adj to 26.02.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. I. A. M. Naik h/f Adv. R. A. Shaikh for decree holder is present and filed application for calculation of dues and accured interest thereon. Taken on record. It is marked as Exh-4 . O-Other side to say.
Adv. Tushar V. Kadam for judgment debtor is present and filed application for informing about part payment of decretal amount paid to the decree holder. Taken on record. It is marked as Exh-5.
The decree holder has filed say. O-application is filed.
Matter is adj to 26.04.2024 for filing reply on Exh-4 by the judgment debtor and hearing on Exh-3.
Next Purpose: REPLY
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. I. A. M Naik h/f Adv. R. A. Shaikh for decree holder is present.
Adv. Tushar V. Kadam for judgment debtor is present.
Heard counsel for both sides on Exh-4.
Matter is adj to 24.06.2024 for order on Exh-4.
Next Purpose: ORDER
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. I. A. M. Naik for decree holder is present.
Adv. Tushar V. Kadam for judgment debtor is present
Court is busy in hearing argument in Summons for judgment No.148/18, Suit 3679/10 and CS No.2095/17 and dictating order in Exhibits in Sum 752/16, 675/16, 674/16 and 668/16.
Matter is adj to 12.07.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 12-07-2024
Date: 12-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. I. A. M. Naik for decree holder is present.
The Judgment debtor and his advocate are absent.
Keep back.
Later on at 1.55 pm
The plaintiff and his advocate are absent.
Adv. Tushar V. Kadam for defendant is present.
Matter is kept for passing order below Exh-4. However, on perusing roznama dated 14.03.2024, it appears that vide application Exh-5 it has been informed that judgment debtor has been transferred an amount of Rs.1,00,000/- on 08.02.2024 and Rs. 15,000/- on 14.03.2024. However, in application at Exh-4, it does not reflect whether the said amount is received by the decree holder and same has been deducted while making the calculation. Hence, decree holder to clarify the same.
Matter is adj to 22.08.2024 for for clarification.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. R. A. Shaikh for Decree holder is present and filed pursis along with calculation of balance amount. Taken on record. It is marked as Exh-6.
Adv.Tushar V. Kadam for defendant is present.
Matter is adj to 09.09.2024 for hearing by judgment debtor.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 09-09-2024
Date: 09-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. R. A. Shaikh with Adv. I. A. M. Naik for decree holder is present.
Adv. Tushar V. Kadam for defendant is present.
Keep back
Later on at 3.52 pm
Adv. R. A. Shaikh with Adv. I. A. M. Naik for decree holder is present.
Judgment debtor and his advocate absent.
He failed to argue. Hence, Matter is adj to 27.09.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 27-09-2024
Date: 27-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. I. A. M. Naik i/b R. A. Shaikh for decree holder is present.
Keep back.
Order below Exh-4
Decree holder has filed an application to arrest Judgment debtor and sent to Jail, as Judgment debtor has failed to pay decreetal amount. On perusing record, it appers that vide application at Exh-4, judgment debtor has given calculation that an amount of Rs.17,00383.50 is due against judgment debtor. Further, it appears that show cause notice was issued to the applicant, as per Order- 21, Rule -37 of Civil Procedure Code. Judgment debtor has appeared and filed reply that his financial condition is week. However, he is ready to deposit some amount. The judgment debtor vide application Exh-5 informed that he has deposited an amount of Rs. 1,00,000/- and 15,000/- on 08.02.2024 and 14.03.2024 respectively. Decree holder has given calculation vide Exh-6 on 22.08.2024. However, it appears that decree holder has not deducted the said amount. Moreover, it appears from record that Warrant of Attachment of movable property was issued against judgment debtor and as per Dy. Sheriff, Mumbai report some of the moveable property of the judgment debtor is attached and attachement is still subsisting. Decree holder has not taken any further steps with respect to the attached movable property. Hence, decree holder to clarify on the said aspect.
Matter is adj to 05.10.2024 for clarification/Order.
Next Purpose: ORDER
Next Hearing Date: 05-10-2024
Date: 05-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder in person is present.
Keep back.
Later on at 1.27 pm
The decree holder in person is present.
Adv. Tushar Kadam for judgment debtor is present.
By consent, the plaintiff and counsel for defendant requested for adjournment. Adjournment is granted.
Matter is adj to 16.10.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. I. M. Naik h/f Adv. R.A. Shaikh for decree holder is present and filed calculation of amount due. Taken on record. It is marked as Exh-7. Copy served to other side.
Adv. Aishwarya Khanolkar for Judgment debtor is present and filed calculation of amount paid to the decree holder. Taken on record. It is marked as Exh-8. Copy served to other side.
Matter is adj to 28.11.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 28-11-2024
Date: 28-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. I. A. M. Naik h/f Adv. R. A. Shaikh for decree holder is present.
Keep back.
Later on at 1.30 pm
Adv. Tushar V. Kadam for judgment debtor is present.
Decree holder is directed to give clarification of calculation of amount, as it appears that it does not matches with amount received by the decree holder .
Matter is adj to 05.12.2024 for hearing on Clarification .
Next Purpose: HEARING
Next Hearing Date: 05-12-2024
Date: 05-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder is present.
Keep back.
Later on at 12.17 pm.
Adv. Maria for decree holder is present and requested for adjournment. Adjournment is granted.
Matter is adj to 23.12.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 23-12-2024
Date: 23-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder is present.
Adv. I. A. M. Naik h/f Adv. R. A. Shaikh for decree holder is present.
Judgment debtor and his advocate are absent.
Keep back.
Later on at 1.59 pm
Adv. Tushar V. Kadam for judgment debtor is present.
Order below Exh-1 and 4
Perused application below Exh-4. It is prayed by the decree holder that judgment debtor has failed to pay an amount of Rs.17,00,383/- towards decreetal amount including interest. Further, as per calculation given by decree holder at Exh-7 an amount of Rs.15,48,643.70 is due against judgment debtor. Judgment debtor is not paying the amount except an meager amount of Rs.15,000/- per month. On the contrary, judgment debtor had submitted that he is paying Rs.15,000/- per month. Further, it appears that in view of application at Exh-3 filed by decree holder show cause notice has been issued to judgment debtor as to why he may not be arrested and detain in prison. However, there is nothing on record to show that the show cause notice is served on judgment debtor or he has filed reply to the said notice. Therefore, If show cause notice is not issued to the judgment debtor, it may be issued to judgment debtor.
Matter is adj to 13.01.2025 for filing reply on show cause notice/order.
Next Purpose: REPLY
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder is present.
Adv. Mariyah Khatkhatay i/b R. A. Shaikh for decree holder is present and filed calculation of amount due. Taken on record. It is marked as Exh-9.
Adv. Abhay Singh Shetye for judgment debtor is present and submitted that he will inform judgment debtor to deposit some amount on or before next date.
Court is busy dictating order in NM No.6106/24, CS No.3022/24 and hearing argument in Suit No.3837/08, 3852/08, Sum. Suit No. 150/23, 208/23, 53/15.
Matter is adj to 27.02.2025 for compliance/Order.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-02-2025
Date: 27-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. I. A. M. Naik i/b Rafik Shaikh for decree holder is present.
Judgment debtor and his advocate are absent.
Order below Exh-1
Perused record. It appears that decree holder has filed an application under Order-21, Rule-37 of Civil Procedure Code at Exh-3 to issue show cause notice to the judgment debtor. Further, it appears on 10.10.2023, order is passed to issue show cause notice to the judgment debtor. Thereafter, though judgment debtor is appeared, there is nothing on record to show that said notice is served to judgment debtor. Further, decree holder has filed an application at Exh-4 and 6 to detain judgment debtor in prison by issuing arrest warrant as an amount of Rs.17,00,383/- is due against judgment debtor. Further, though judgment debtor has contented that he is paying Rs.15,000/- per month. However, there is nothing on record to substantiate said contention. Further, huge amount is due against judgment debtor. Therefore, before issuing arrest warrant, it is necessary to get the compliance of order-21, Rule-37 of Civil Procedure Code. Therefore, issue show cause notice to judgment debtor, why he should not be detain in the prison.
Matter is adj to 18.03.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 18-03-2025
Date: 18-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. I. A. M. Naik i/b Adv. Rafiq Shaikh for decree holder is present.
Judgment debtor is absent.
Adv. Tushar V. Kadam for Judgment debtor is present.
Keep back.
Later on at 12.35 pm
Adv. I. A. M. Naik i/b Adv. Rafiq Shaikh for decree holder is present.
Judgment debtor is absent.
Adv. Tushar V. Kadam for Judgment debtor is present.
Matter is adj to 26.03.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 26-03-2025
Date: 26-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder is present.
Adv. R. A. Shaikh for decree holder is present.
Keep back.
Later on at
Show cause notice issued to judgment debtor. Matter is pending for report. Yet report is not received. Hence, Matter is adj to 02.04.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: PO is on leave
Next Purpose: REPORT
Next Hearing Date: 06-05-2025
Date: 06-05-2025
Business: P.O. IS ON LEAVE
Next Purpose: REPORT
Next Hearing Date: 26-06-2025
Date: 26-06-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. I. A. M. Naik h/f Adv. R. A. Shaikh for decree holdder is present.
Adv. Tushar Kadam for judgment debtor is present.
Order below Exh-5
Perused application and record. Heard both parties. Notice under Order-21, Rule-37 of CPC was issued to judgment debtor. It is served on him on 17.03.2025. As per decree holder an amount of Rs.17,66,799/- is due and payable by judgment debtor. It is the contention of judgment debtor is that he is paying Rs.15,000/- per month to the decree holder. However, on perusing record is appears that huge amount is due and payable by judgment debtor. Further, inspite of issuing notice under Order-21, Rule-37 of CPC to judgment debtor, he has not taken any bonafide steps to satisfy the claim of decree. Therefore, it is necessary to issue arrest warrant against judgment debtor to detain him in Civil prison as per Order-21, Rule-41(3) of Civil Procedure Code. Hence, I proceed to pass following order-
Order
1. Issue arrest warrant against judgment debtor to detain him in Civil Prison for term of 15 days. He be produced before court on working day.
2. The decree holder is directed to deposit subsistence allowance as per rule.
3. Issue arrest warrant, after subsistence allowance is deposited by decree holder.
Matter is adj to 22.07.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-07-2025
Date: 22-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Vishwanath Kotian, decree holder is present.
Adv. R. A. Shaikh for decree holder is present and filed consent terms. taken on record. It is marked as Exh-10.
Adv. Abhaysingh Shinde for Judgment debtor is present.
Order below Exh-1 and 10
Perused record. Heard both parties. The decree holder along with hic counsel is present. The counsel for judgment debtor is present. They have filed consent terms on record at Exh-10. The decree holder has submitted that he has voluntarily accepted the terms and conditions in the consent terms a Exh-10. He has agreed to accept an amount of Rs.8,00,000/- towards full and final settlement, in addition to amount which has already received vide cheque dated 18.07.2025. Further, decree holder has agreed to accept the said amount of Rs.8,00,000/- in the installments as per the terms and condtions in consent terms at Exh-10. It is further agreed betwen the parties, if judgment debtor fails to pay amount as per terms and conditions in ther consent terms, decree holder is entitled to recover entire amount of Rs.17,66,799/-. The consent terms was read and recorded. Thus, it appears that matter is settled between the parties. Hence, I proceed to pass following order-
Order
1.Execution Application No.265/19 is disposed of as satisfied.
2.Decree holder is at liberty to take appropriate steps, if judgment debtor fails to pay amount as per consent terms at Exh-10.
3.Execution application No.265/19 is disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 22-07-2025
