Tecsas Innovation Pvt. Ltd. Cs No 1815/2017 Saket Court, New DelhiVsM/s. Aviraj Enterprises and Anr.

Date: 07-08-2019
Business: Shri. Jaydeep Mehta, advocate for the plaintiff present. Shri. Mehta prays for issue for notice before execution and also prays that short service by Humdust may be allowed, apprehending that the defendants are likely to disposed off the property or to create third party interest therein. In view of this, issue notice before execution against the defendants returnable on 19/08/2019. Short service by Humdust including private service is allowed.
Next Purpose: FOR___________________
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Ms.Purobi Ghosh Mohan, advocate for the Plaintiff present. Exe.application marked as Exh.A(Colly). Ms. Mohan has tendered the affidavit of service, proving service against defendants, taken on record and marked as Exh.B. On request of Ms. Mohan, notice issued against the defendants is hereby made absolute, as the defendant though served neither appeared nor filed any reply. On request of Ms. Mohan, for taking further steps, adjd to 20/08/2019. Later on Ms. Akshata Desai, advocate for the defendant appeared and she has been informed about the today\''s business and the next date.
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Ms. Purobi Ghosh Mohan, advocate for the Plaintiff present. Ms. Akshata Desai, advocate for the Defendant present. Ms. Desai has tendered adjournment application, taken on record and marked as Exh.C. Ms. Mohan objects for granting adjournment, apprehending that the Judgment Debtor is likely to dispose of the properties or to create third party interest therein. It has been asked to Ms. Desai, as to whether she can assure the Court that the defendant will not take any such steps to dispose off or to create third party interest in the properties. However, Ms. Desai state that, she has to take instructions and states that the matter may be adjourned till tomorrow. Hence, by consent, adjd to 21/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: Ms. Purobi Ghosh Mohan, advocate for the Plaintiff present.  Shri. Jha, I/b Nitin Sejpal, advocate for the Defendant present. Shri. Jha states that the defendant has not properly served and as the defendant is presently in USA, he has no instructions and requests for adjournment. Ms. Mohan objects and prays for issue of warrant of attachment as the advocate for the defendant has not yet file Vakalatnama and has no instructions in the matter and he is also not ready to make any statement that the defendant will not dispose of the property or will not create third party interest therein. Ms. Mohan states that at the most short adjournment may be granted by directing the defendant to maintain status-quo till next date and has filed application on that effect, taken on record and marked as Exh. D. As the direction to maintain status-quo as prayed for, by the advocate for the Plaintiff, will not prejudice either of the parties, the defendant is hereby directed to maintain status-quo in respect of immovable properties, at B-1402, Marigold Meridian, Lake Road, Bhandup (w), Mumbai-78, till next date. Advocate for the Plaintiff undertakes to inform the defendant about the status-quo granted today. By consent, adjd to 23/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: Ms. Purobi Ghosh Mohan, advocate for the Plaintiff present.  Shri. Jha, I/b Nitin Sejpal, advocate for the Defendant present. Shri. Jha states that the property of the defendant is mortgaged with Survodaya Co.Op. Bank, Bhandup(w) Br.Mumbai. Ms. Mohan states that the advocate for the defendant is addressing the Court without filing Vakalatnama for the defendant and has not produced any document to show that the property is mortgaged with Bank. Ms. Mohan objects and prays for issue of warrant of attachment. However, as the advocate for the defendant has appeared, though without filing Vakalatnama, stating that property of the defendant is mortgaged, it will be appropriate to refer the matter to the Honourable Court. Hence, by consent of both the advocates, the matter is hereby submitted to the Honourable Court on 27/08/2019, as per assignment. Office to take steps to assign this matter to the Honourable Court. Parties and advocate to appear before the Court as may be assigned on 27/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: Adv. Ghosh Mohan for DH.
Adv. Zha for JD.
Ld Advocate for JD has undertake to file Vakalatnama. Adjd for
reply to 15/11/2019.
Next Purpose: REPLY
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Next Purpose: REPLY
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Adv. K. D. Zha present for the JD.
Adv. Ms. Purobhi Ghosh Mohan present for the plff.
Adv. K. D. Zha filed VP. t.o.r.
Ld counsel for the plff filed registered NM 4682/19 along with affidavit. t.o.r. Copy served today.
Ld counsel for the plff filed service affidavit. t.o.r.
Ld counsel for the JD filed affidavit of Deft no.2 to stay the EA. t.o.r. Copy served to Ld counsel plff.
Adj. For Reply of NM 4682/19 on 17/02/2020.
Next Purpose: REPLY
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Purobhi Ghosh Mohan for DH.
JD No.2 present. Adv. K.D.Zha for JD.
The Ld advocate for JD requested for adjournment to file reply contending that there were settlement talks in process between the parties and therefore, he did not prepare the reply. However, the advocate for DH denied that there were any settlement talks in process. Thus, there is no material satisfactorily to say that the settlement talks were in process. Sufficient time has already been granted to the JD to file reply to the NM. However, the JD failed to file the reply.
Hence, Notice of Motion to proceed without reply of the JD.
Adjd for Hearing/arguments on NM to 04-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: Adv. Purobi Ghosh Mohan for DH.
Adv. Zha for JD.
Heard arguments of both the sides on NM
Adjd for order of NM to 23-03-2020
Next Purpose: NM  ORDERS
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: NM  ORDERS
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ORDERS
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ORDERS
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None present
Adjd to 04-03-2021
Next Purpose: NM  ORDERS
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Representative of plaintiff present. Adv. Mehta for plaintiff
Sefendant present. Adv. Zha for defendant
Exh.2 - Consent terms filed.
The DH with his advocate and JD\''s with their advocate are present. They submitted that the matter has been amicable settled between them as per the consent terms Exh.2. they admitted contents of the consent terms Exh.2 to be true and correct. Thus, the matter has been amicable settled between the parties. Resultantly, the Execution proceeding and the Notice of Motion are disposed as the parties settle the matter.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 04-03-2021

NOTICE OF MOTION/104682/2019

Registration Number: 100277/2019
Transfer Date: 26-08-2019
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 28 - COURT 28 ADD SESSIONS JUDGE

Filing Number: 108012/2019
Filing Date: 26-07-2019
First Hearing Date: 07th August 2019
Decision Date: 04th March 2021
Court Number And Judge: 28-COURT 28 ADD SESSIONS JUDGE