RAMESHKUMAR BABULAL SHAHVsMr. Bhanji Pragji Rathod and anr.

Date: 02-08-2018
Business: Mr. Rameshkumar B. Shah, Plaintiff, present.  His Advocate absent.  Mr. 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 03/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 03-10-2018

Date: 03-10-2018
Business: Mr. Rameshkumar B. Shah, Plaintiff, present.  His Advocate absent.  Execution Application marked as Exh.A (colly.).  Letter bearing ref. No.AGM(L)/Dy.LA/931/2018, dtd.28/08/2018, received from \''The Brihan Mumbai Electric Supply and Transport Undertaking\''- the Garnishee, under this office Inward No.9634, dated 05/09/2018, stating therein that the Execution Application cannot be implemented against the JD-Shri Rahul U. Avatade and no recovery can be made from his salary, as he has resigned from the services of the Undertaking w.e.f. 21/05/2018, is t.o.r. and marked as Exh.B.  On request of Mr. R. B. Shah for taking further steps adjd to 15/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 15-11-2018

Date: 15-11-2018
Business: Mr. Rameshkumar B. Shah, Plaintiff, present.  His Advocate absent. Letter bearing ref. No.AGM(L)/Dy.LA/1105/2018, dtd.08/10/2018, received from \''The Brihan Mumbai Electric Supply and Transport Undertaking\''- the Garnishee, under this office Inward No.10962, dated 09/10/2018, stating therein that the Garnishee is unable to execute this order at this moment because the deduction from the salary of Shri Rahul Uttam Avatade, Check No.012620 in Summary Suit No.2984 of 2017 is already under execution and once this execution is completed, the Undertaking/Garnishee can start the execution of present Summary Suit, is t.o.r and marked as Exh.C.  On request of Mr. R. B. Shah for taking further steps adjd to 05/12/2018.
Next Purpose: FOR___________________
Next Hearing Date: 05-12-2018

Date: 05-12-2018
Business: Plaintiff present.  His advocate absent.  Letter Dtd.09/10/2018 received from BEST undertaking under this office inward No.11073 Dtd.12/10/2018, taken on record, marked as Exh-D. The letter states that the salary of the defendant is under attachment in another execution proceedings.  Hence, on request of plaintiff for taking instructions/steps, adjourned to 04/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 04-01-2019

Date: 04-01-2019
Business: Parties and Advocate absent, adjd to  05/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 11-02-2019

Date: 11-02-2019
Business: Shri. R.B. Shah,  plaintiff present. Matter is taken on board by way of praceipe, marked as Exh. E. Shri. Shah prays for issue of garnishee notice. However, attention of Shri. Shah is invited to be letters received from BEST undertaking, stating therein that they are unable to comply with the warrant of salary attachment.
In view of this, Shri. Shah seeks adjournment for taking further steps and on his request adjourned to 15/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 15-03-2019

Date: 15-03-2019
Business: Parties and Advocate absent, adjd to  15/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2019

Date: 15-06-2019
Business: Shri. Vikas Saindane, advocate for the Plaintiff present. Shri. Saindane, seeks time to take instruction/further steps, and on his request adjd to 07/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Shri. R.B. Shah, advocate for plaintiff present. Shri. R.B. Shah, states that the warrant u/o.XXI Rule 48 in the matter has been issued on 03/08/2018, and deduction from salary has been commenced and he therefore, prays that appropriate orders may be passed. In view of this present Execution 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: ALLOWED
Disposal Date: 07-08-2019

Registration Number: 100200/2018
Transfer Date: 01-08-2018
From Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Filing Number: 107470/2018
Filing Date: 20-06-2018
First Hearing Date: 02nd August 2018
Decision Date: 07th August 2019
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI