Deepak Shankar Pawar - Plaintiff in Execution Appln. No.632 of 16 in Sum. Su. No.1151 of 15VsLaxmi Chhagan Makwana - Defendant

Date: 27-08-2019
Business: Shri. Gul Madnani, advocate for Judgment Debtor present. Shri. Ramesh Jain, advocate for the Decree Holder present. Shri. Madnani prays that salary deduction may be ordered to be stop immediately as more than decreetal amount has already been remitted in the office of Sheriff of Mumbai. Shri Jain strongly objects stating that plaintiff has not been served with the copy of present Misc. application. Shri Madnani undertakes to serve copy of Misc. application upon advocate for plaintiff during the course of the day. Shri Jain seeks time till tomorrow to file reply. Hence by consent, adjd to 28/08/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Shri. Gul Madnani, advocate for Judgment Debtor present. Shri. Ramesh Jain, advocate for the Decree Holder present. Exe.application marked as Exh.A(Colly). Shri. Madnani has tendered the affidavit of service, taken on record and marked as Exh.B. Shri. Madnani has also tendered pursis for disposal of present Misc.application, taken on record and marked as Exh.C. In the said pursis, it is settled that the Judgment Debtor will pay the amount to the Decree Holder, if any amount is still remain to be paid and it is also prayed that if any excess amount is lying with the Office of Sheriff of Mumbai, it may be refunded to the Judgment Debtor. Shri. Ramesh Jain has no objection. Hence, warrant of salary attachment issued in the exe.application no.632/2016 on 14/02/2017, is hereby razed. In view of the same, nothing survives in the present Misc.application and the same is hereby disposed off. Parties and authorities to act on copy of this order authenticated by the Sheristedar of this Court. Later on, at the instant of Shri. Jain, advocate for the decree holder, it is further made clear that if any excess amount is found in in the present Exe.no.632/2016 it be adjusted in the Exe.no.459/2016 and office to issue payment order accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 28-08-2019

Main Case No: SUMMARY CIVIL SUIT/0101151/2015
Main Cnr: MHCC010108212015
Main Filing No: 113080

Filing Number: 109388/2019
Filing Date: 26-08-2019
First Hearing Date: 27th August 2019
Decision Date: 28th August 2019
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI