Date: 19-11-2019
Business: DH present. Adv. absent.
JD and adv. Absent.
None for obstructionist.
Reply to nm 3324/19 filed by DH. t.o.r.
Adjd. to 07.01.2019 for nm hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Kaustubh for Applicant filed registered NM 3324/19 @ Service Affidavit of NM 3324/19.
None for DH.
None for JD.
Adjd to 31.01.2020 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: DH present. Adv. kavita singh for DH.
Adv. Kaustubh for applicant present.
LO at 1.15pm
Adv. Manish Rai for DH.
Heard arguments.
Adjd for order to 10-02-2020
Next Purpose: ORDER
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv Kastubh Thipse for Plaintiff
None DH
None for JD
As court is busy in hearing matters.
Matter adj to 25-02-2020 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv. Manish Ray for DH.
None for JD.
Arguments on behalf of the parties have already been heard. I have perused the record. The applicant/intervener contents that he is the owner of the attached premises as he purchased the same vide agreement of transfer dtd.05.09.1995. He also contents that the society has recorded his name and issued the quarterly bill regarding the maintenance charges. On the other hand the DH claims that the JD owns the premises as summons was served on the JD at the same address and for the reasons as mentioned in the Affidavit in reply. However, none of the parties produced any authenticate record issued by the Vadala Udyog Bhavan unit holders co-op society. Neither the applicant intervener nor the DH produced any share certificate regarding ownership over the said premises. In this background it is just and proper to issue notice to the Vadala Udyog Bhavan unit holders co-op society to remain present and produce copies of the documents of acquisition/ownership/right, title and interest over the disputed premises with the originals on or before next date. The Applicant to get the notice served through the bailiff on the Vadala Udyog Bhavan unit holders co-op society.
Adjd for service to 15-06-2020
Next Purpose: SERVICE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Business: None present. Due to Covid 19 matter adjd.to 24/11/2020.
Next Purpose: SERVICE
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv. Kaustubh Thipse for obstructionist.
None for DH.
None for JD.
On the request of adv for obstructionist time is extended to serve notice Wadala Udyog bhavan unit holders co-op soc.
Adjd for service to 12-04-2021
Next Purpose: SERVICE
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: None present for both parties.
KB
LO
None present.
Matter is adjd to 09.11.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: None present.
Matter is adjd to 10/01/2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: As per Office order 07 of 2022 dated 07-01-2022.
Matter is adjd. to 08-03-2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: PO is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Both parties and their adv. are absent.
Adjd to 21/07/2022 for service
Next Purpose: SERVICE
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: COURT IS VACANT
Next Purpose: SERVICE
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: None present.
Applicant in NM no. 3324/19 absent. Hence, put up for NM dismissal.
Matter stands adjourned to NM dismissal on 05-08-2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Adv.Kaustubh Thipsay present for Applicant.
None present for defendant.
Heard counsel of Applicant in NM.
NM is taken out for impleading the applicant as party to the Execution Proceeding, hence, Put up for argument of DH.
Matter stands adjourned for NM hearing P.H. on 09-10-2023.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: Adv. Tanvi Shah present for intervenor/Applicant in Draft NM.
None present for defendant.
KB.
L.O. at 1.05 pm.
Adv. Santosh Adolkar present plaintiff/DH.
Matter stands adjourned for NM hearing on 08-12-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2023
Date: 08-12-2023
Business: None present.
Matter stands adjourned for NM hearing on 09-02-2024.
L.O. at 12.35 pm.
Adv.Tanvi Shah present for intervenor, tendered draft NM @
affidavit TOR.
O-Leave granted to register.
Matter stands adjourned for NM hearing on 09-02-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: Adv. Santosh Arolkar present for Decree Holder.
None present for Judgment Debtor.
Adv. Kaustubh Thipasy present for applicant in Notice of Motion No.356 of 2024.
Matter stands adjourned to 03.04.2024 for NM reply/NM Hearing.
Later on at 11.59 a.m.
Adv. Tanvi Shah for applicant in Notice of Motion No.356/2024
present and tendered registered Notice of Motion No.356/2024
alongwith affidavit of service. TOR.
Already adjourned to 03.04.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: Adv. Santosh Arolkar present for Decree Holder, tendered reply to the Notice of Motion No.356/24 TOR.
Adv.Tanvi Shah present for Applicant in Notice of Motion No.356/24.
Copy served to other side.
Matter stands adjourned for Notice of Motion hearing
on 26-06-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2024
Date: 26-06-2024
Business: Adv. Mr. Santosh Arolkar for the DH is present and seeking time. Time is granted.
None present for the JD.
Matter stands adjourned to 08.08.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: Adv. Manish Rai for decreeholder present.
None present for judgment debtor.
Adv. S. Kaustubh Thipsay for applicant in Notice of motion Nos.356/2024 and 3324/2019 present.
Heard learned advocate for applicant and decree holder on notice of motion Nos.356/2024 and 3324/2019.
F.R.S.R. following order is passed in Notice of Motion No.3324/19-
ORDER
1.Notice of Motion No.3324 of 2019 in Execution Application No.535 of 2017, is hereby rejected.
2.Notice of motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
F.R.S.R. following order is passed on Notice of Motion No.356/24-
ORDER
1.Notice of Motion No.356 of 2024 in Execution Application No.535 of 2017, is hereby allowed.
2.Attachment of the property known as Unit No.8 admeasuring 640 sq. ft. equivalent to 59.456 sq. mtrs. built-up of area or thereabouts on the ground floor in a building then known as Hind Rajasthan Industrial Estate, now known as Wadala Udyog Bhavan Industrial Estate situate at Plot No.8 of Scheme No.57, Naigaum Cross Road, Wadala, Bombay 400 031 and bears Cadastral Survey No.242 of Dadar Naigaum Division and is assessed by the Assessor and collector of Municipal Rates and Taxes under F (South) Ward No.1887 and Street No.(4) 561 C of Naigaum Road. stands released.
3.Decreeholder/plaintiff is entitled to take appropriated steps against judgment debtors/defendants.
4.Notice of motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
Matter stands adjourned to 05-10-2024 for steps by decree holder.
Nature Of Disposal: OTHERWISE
Disposal Date: 08-08-2024
