Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 509/21 in Comm. Suit No. 54/19. 1 Order.
MHCC010016122021
Presented on : 22-02-2021
Registered on : 22-02-2021
Decided on : 18-03-2021
Duration : 0 years, 0 months, 24 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 509 OF 2021
IN
COMMERCIAL SUIT NO. 54 OF 2019
Jaiprakash Arun Gupta ...Plaintiff
Versus
Mohammad Jahangir Masood Shaikh ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 18th MARCH, 2021.
Mr. Ramesh Jain, Advocate for Plaintiff.
Mr. Asif Husain, Advocate for Defendant. (Absent).
ORDER
This is a motion taken out by plaintiff for appointment of
Court Receiver, to strike out the defence under Order 39 Rule 11 of the
CPC, for contempt proceeding and for attachment of the property under
Order 39 Rule 2A of the CPC.
2. In view of order in roznama dated 25/02/2021, present
notice of motion is proceeded without reply. Plaintiff has submitted
service affidavit vide Exh.6, despite service by RPAD, defendant is failed
to appear. It would be appropriate to note, defendant was present
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N/m No. 509/21 in Comm. Suit No. 54/19. 2 Order.
before the Court through Adv. Asif Husain. Defendant has submitted
written statement vide Exh.3. On some dates defendant in person was
present before the Court. However, since last 6 to 8 dates defendant is
not present before the Court.
3. Learned Adv. Ramesh Jain for plaintiff submits that order
in roznama dated 13/08/2019 is a conditional order of adjournment
granted to the defendant. This Court has imposed the condition of not
to dispose off or create third party interest in Flat No.204, White House,
Building No.3, S.G. Bharve Marg, Buddha Colony, Kurla (W), Mumbai
400070. According to plaintiff, in written statement submitted by the
defendant, he has accepted the document executed in favour of
plaintiff. Interim order came to be continued as mentioned in various
roznama. However, despite aforesaid condition imposed by this Court,
defendant has executed a registered Sale Deed of aforesaid property on
03/08/2020. Defendant has alienated the property to Mr. Ayub Ismail
Mulla. I have perused the copy of Sale Deed and schedule of the
property attached in reply in support to the notice of motion. It is
prayed for striking out the defence, attachment of property and for
appointment of Court Receiver.
4. I have perused order dated 13/08/2019. It is continued till
today. Absence of defendant despite service of notice infers that he
admits the allegation. It appears from Sale Deed that defendant has
sold out the property to Mr. Ayub Mulla for the consideration of
Rs.49,50,000/.
5. It appears prima facie that the condition imposed by this
Court vide order dated 13/08/2019 is violated by the defendant.
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N/m No. 509/21 in Comm. Suit No. 54/19. 3 Order.
Therefore, there is substance in submission of plaintiff.
6. Therefore, it is necessary to strike out the defence of
defendant for violation of the order of this Court. The impugned
property i.e. Flat No.204, White House, Building No.3, S.G. Bharve
Marg, Buddha Colony, Kurla (W), Mumbai400070 is hereby attached
till judgment in present case. No purpose would suffice by appointment
of Court Receiver. Hence, the order :
ORDER
1. Notice of Motion No. 509/2021 is partly allowed.
2. For violating order of this Court dated 13/08/2019,
defence of defendant is struck out. The property Flat
No.204, White House, Building No.3, S.G. Bharve Marg,
Buddha Colony, Kurla (W), Mumbai400070 is hereby
attached till result in present suit.
3. As written statement by defendant is on record, plaintiff to
submit draft issues and may insist the court for expedite
hearing.
4. N/m No. 509/21 is disposed off.
5. In view of aforesaid order, Notice of Motion No.
2818/2019 is filed and disposed off.
(G.G.BHANSALI)
Judge, City Civil & Sessions Court,
Date : 18/03/2021. Mumbai.
1. Dictated on : 18/03/2021.
2. Transcribed on : 22/03/2021.
3. Signed on : 23/03/2021.
4. Delivered to Certified :
Copy Section on
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N/m No. 509/21 in Comm. Suit No. 54/19. 4 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
23/03/2021. 3.19 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 18/03/2021.
Judgment/Order signed by P.O. on 23/03/2021.
Judgment/Order uploaded on 23/03/2021.
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