Date: 18-07-2018
Business: None for Plaintiff.
None for Defendant.
The defendant has not filed the registered notice of motion, hence defendant is directed to file the same on or before the next date.
Matter is adjd. to 17/09/2018 for Compliance and service.
L.O.
Adv. B. S. Patil for D. H. present.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-09-2018
Date: 17-09-2018
Business: None for Plaintiff
Adv. Mr.Dinesh Gupta for Defendant
He seeks adjourned hearing.
Matter is adjd. to 08/10/2018 for nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2018
Date: 08-10-2018
Business: Adv. for Plaintiff/D.H. absent.
Adv. Ankita Sharma for Defendant J.D. present.
J.D. present.
Since the plaintiff/D.H. has not filed the reply and remain absent. Heard. The ld. Advocate for J.D. has submitted that the due amount is already recovered by the Bombay Municipal Corporation office from the salary of the Respondent no.2 She drew my attention on the some documents. Hence in view of the above submission it is just and desirable to stay the recovery of amount from the salary of the Respondent no.2- Anilkumar Sakariya, till further order.
Accordingly, recovery is stayed till further order.
Necessary intimation be given to the Bombay Municipal Corporation office for compliance.
Matter is adjd. to 12/11/2018 for Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2018
Date: 12-11-2018
Business: Adv. A. V. Diwate for Corporation present.
Adv. Ankita Sharma for Defendant present.
Respondent no.4 present.
Interim order if any operating in the matter is extended till next date.
On the oral request of the advocate for corporation,
Matter is adjd. to 05/12/2018 for Reply.
Next Purpose: REPLY
Next Hearing Date: 05-12-2018
Date: 05-12-2018
Business: P.O. has gone for Medical examination for obtaining Health Fitness Certificate as per the direction of Hon\''ble High Court, hence case is adjourn.
Matter is adjd. to 24/01/2019 for Reply.
Next Purpose: REPLY
Next Hearing Date: 24-01-2019
Date: 24-01-2019
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 15/02/2019 for Hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: None for Plaintiff.
Adv. Dinesh Gupta for Defendant present.
Heard the argument of defendant on N/M.
Matter is adjd. to 11/03/2019 for N/M Order.
Next Purpose: NM ORDERS
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Adv. for Plaintiff absent.
Defendant no.2 present.
Adv. Ankita Sharma for Defendant present.
Matter is adjd. to 27/03/2019 for N/M order.
Next Purpose: NM ORDERS
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Business: None present
Matter is Adjd for N/M Hearing to 19/07/2019
L.O.
Adv for deft Ms. Ankita Sharma present
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: P.O is on training.
Adjd to 17/9/19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: p.o. is on leave adjd to 14-10-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: None for DH.
KB
LO At 01.05 p.m
JD present. Adv. Ankita Sharma for JD
Adjd. to 19.11.2019 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Adv. Ankita Sharma for applicant present.
Heard arguments of applicant
Adjd. to 05.12.2019 for nm order.
Next Purpose: ORDER
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. Ankita Sharma for J/d present.
Respondent no. 2 present.
KB For Order
Adj. To 13-12-2019 for NM Order
Next Purpose: ORDER
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Ankita Sharma present for the JD.
Respondent no.2 present.
None present for the Deft.
JD is directed to furnish details as to the total payable amount vide consent terms in both the suits/Execution and also the total amount deducted from the salary and to produce salary slips in respect of whole period when the salary was deducted.
The Respondent no.1 BMC is absent. The advocate of the JD is directed to intimate to the BMC to remain present on 16/12/2019 with all the salary record of Respondent no.2 and make a statement as to the total amount deducted from the salary of Respondent no.2 from March 2014.
Adj. For Compliance on 17/12/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. Ankita Sharma for Applicant present.
Respondent No.2 present.
On oral request of applicant matter adjd to 02/01/2020 for compliance of directions given by this Court on 13/12/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Ankita Sharma for JD.
Adv. for JD filed List of documents @ details of total payable/deducted amounts.
ORDER
The NM 2416/18 and NM 2422/18 have been filed by Judgment debtor Lalitaben requesting for refund of excess amount deducted from salary of respondent No.2. The respondent No.1 BMC has filed reply in both the notices. The advocate for DH is present today also. He made a statement at bar that the DH has already received the whole recoverable amount and the decree has been already satisfied. He has no objection to refund the excess amount to the respondent No.2 as per the reply of BMC. Vide para-4 of reply BMC admitted that,
1. Amount of Rs.1,42,181.43/- in NM 2416/18 in Execution application 938/13, and
2. Amount of Rs.2,10,587/- in NM 2422/18 in Execution application 941/13,
have been recovered in excess from the salary of respondent No.2. The salary slips of respondent No.2 are produced on record which reveal that till October 2018 the amount has been deducted from salary of respondent No.2. In total amount of Rs.5,43,000/- has been deducted from the salary of respondent No.2 whereas the total due and payable amount by the JD was Rs.1,90,231.57/-. Thus, it is clear that in total amount of Rs.3,52,768/- has been deducted in excess from the salary of respondent No.2. Resultantly, the respondent No.2 is entitled to refund of the said amount.
Hence, 1. Amount of Rs.1,42,181/-Rupees One Lakh Forty Two Thousand One Hundred and Eighty One only in NM 2416/18 in Execution application 938/13, and
2. Amount of Rs.2,10,587/- Rupees Two Lakh Ten Thousand Five Hundred and Eighty Seven Only in NM 2422/18 in Execution application 941/13, be refunded to respondent No.2.
Nature Of Disposal: OTHERWISE
Disposal Date: 02-01-2020
