Date: 16-09-2019
Business: Mr. Lalit Joshi CA of DH present.
Adv. Sana Khan for DH present and filed reply to CS no. 1638/19. Copy served on other side.
Adv. Pal for JD present and filed original CS no. 1638/19. Copy served on other side. He also filed additional affidavit in reply to amended EA. TOR.
Heard both sides.
Ld. counsel for DH submitted that the JD should remain present before the court on next date to make the statement as to when the payment will be made in respect of amount which is not disputed but only instalments are sought.
Ld. counsel for JD submitted that he wants to file rejoinder to the reply to CS no. 1638/19 on next date. Time granted with directions to supply copy of rejoinder to other side in advance.
In view of the above, JD is directed to remain present on next date for making statement before the court.
Matter stands Adj for appearance of JD at 4.30 pm and for rejoinder to 04.10.19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: CA of D. H. present.
Adv. Sana Khan for DH present.
Adv. Pratap Singh for JD present.
By Consent, Matter stands Adj for hearing to 09.10.19 at 4.00 pm.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: POA of DH / Plaintiff present.
Adv. Qureshi for DH / plaintiff present.
Adv. Pratap Singh for JD / Applicant in CS present.
Heard both sides. The JD was directed to appear before the Court and make a statement. But today, the JD is absent.
Ld. counsel for the JD Sought time. Time granted as a last chance . Ld. counsel for the JD is permitted to file rejoinder , if any, on the next date. Copy be Served on the other side in advance.
Matter stands Adj for appearance for JD and hearing on CS.to 18.10.2019 at 4.30PM.
Next Purpose: C/S HEARING
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: POA Shri. Lalit Joshi authorised representative of DH (original defendant) present.
Adv. Sanna Khan for DH(original defendant) present.
Shri. Pramod Pisal, JD (original plaintiff) present.
Adv. Shailesh Pal for JD(original plaintiff) present and filed rejoinder to the reply filed by the DH(Original defendant). Ld. counsel for JD submitted that she do not want to file further rejoinder to the same, reply file is exhaustive.
Shri. Pramod Pisal, JD (original plaintiff) as per directions of the court dated 09.10.2019. He made statement before the court regarding the way in which consent decree can be satisfied. Heard both the parties and their advocates. In view submissions made before the court, both the original plaintiff and defendant are directed to remain present before the court to facilitated the mode and manner in which decree can be satisfied by the JD. In meanwhile. parties are liberty to negotiate and consider the possibility of settlement out of the court, but no directions are given in that regard.
Matter stands Adj for hearing to 07.11.2019.
Next Purpose: HEARING
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: None present for DH and JD.
Keep back at 4.30 pm
Later on at 5.30
DH and JD present.
Shri Lalit Joshi, POA of DH also present.
Adv. Sanna Khan for DH present.
Adv. Pratap singh for JD present.
Heard both sides.
It is submitted on behalf of JD that he requires time to find out the mode and manner in which decree can be satisfied. The DH submitted that he do not want satisfaction of decree in any other form i.e. immovable property etc.
After hearing both the sides, I am of the view that both the sides can given some time to find out whether there is any possibility of settlement and to what extend JD can satisfy the decree in instalment agreeable to both sides.
Ld. counsel for both the sides are at liberty to negotiate and the consider the possibility of settlement between the parties at their level by using their good office. Accordingly time is granted.
Matter stands Adj for hearing/reporting settlement to 06.12.19 at 4.00 pm.
Next Purpose: HEARING
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: CA of DH present.
Adv. Sanna Khan for DH present.
Adv. Pratap Singh for JD present.
Ld. counsel for the DH submitted that as per the orders of the court dated 07.11.19 efforts of settlement were to be made between the parties. Meetings were proposed on 30.11.2019, 02.12.2019 and 03.12.2019 but, meetings could not take place. On the first two dates meeting was not held. On the last day i.e. on 03.12.19 both the counsels and CA of DH were present. but the counsel for JD was not ready to give in writing the proposal for settlement. The CA of DH is insisted there has to be something black and white. Ld. counsel for JD submitted that before arriving at the settlement, there can be exchange of draft proposals and a common platform where compromise can be arrived at by the parties. Therefore, he suggested that let the JD remain present before the court on next date along with his draft proposal of settlement, which can be considered and negotiated by other side.
Ld. counsel for DH has no objection to the above suggestion.
In view of the above, Matter stands Adj for settlement to 15.01.2020 in morning session.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Adv. Kafil Khan for DH present.
None present for JD.
KB to 12.30 pm
LO at 12.45 pm
Matter is again called out.
Mr. Lalit Joshi POA of Decree Holder present.
Adv. Kafil Khan for DH present.
None present for JD.
Heard Ld. counsel for DH. He submitted that nothing has come from JD in writing regarding compromise. It appears that JD is not interested to settle the matter.
On oral request of Ld. counsel for DH, Matter kept back at 4.30 pm.
Later on at 5.15 pm matter is called out.
Mr. Lalit Joshi POA of Decree Holder present.
Adv. Sana Khan for DH present.
Adv. Lalita Rajguru for JD present and sought time on behalf of JD for satisfying the decree. The above request is strongly opposed by the DH. The oral request of JD for grant of time is rejected.
Matter stands Adj for hearing on Execution application to 03.02.2020 at 4.00 pm.
Next Purpose: HEARING
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv. Kapil Khan for DH present.
Adv. Lalita Rajguru h/f Pratap Singh for JD present and filed application for adjournment and she submitted that her senior is suffering from illness and unable to attend the court today and sought short adjournment.
Application for adjournment on health ground submitted by Ld. counsel for JD.
After hearing both the sides, Ld. counsel for DH submitted that considering the ground stated in the application, he has no objection for short adjournment. Short adjournment granted.
Matter stands Adj for hearing to 07.02.2020 at 4.00 pm.
Next Purpose: HEARING
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: CA of DH present
Adv. Khan for DH present.
JD present.
Adv. Pratap Singh for JD present and submitted that he had talk with JD regarding the possibility of taking some positive decision for settlement to satisfy the decree. The JD has come out with a proposal to pay Rs. 10,00,000/- P.M. to DH towards satisfaction of decree. Ld. counsel for DH after consultation with the CA of DH, declined the offer as meagre amount.
After discussion with their respective clients, The Ld. counsels made their submissions. It appears that if the JD is in a position to arrange for payment of Rs. 90,00,000/- in equal instalments within six months by giving post dated cheques to DH, that proposal may be acceptable to the DH subject to review after six months and the possible enhancement in the instalments thereafter.
In view of the above, on oral request of Ld. counsel for both the side one week time is granted to both the parties to submit the possible terms of settlement on next date.
Matter stands Adj for settlement to 15.02.2020 at 4.30 pm.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Lalit Joshi, POA for DH present.
Adv. K. Khan with Adv. Sanna Khan for DH present.
Adv. Pal h/f Pratap Singh for JD present.
Heard both sides.
The Ld. counsel for DH submitted a draft of terms of settlement as per the understanding, which was arrived at before the court on 07.02.2020. I have perused the draft Consent Terms.
Draft of Consent Terms taken on record.
The JD and his advocate submitted that they have some reservations/objections regarding annexure 1- A and B filed with the draft Consent Terms. It was also requested on behalf of JD that DH should give some concession in first five instalments and reduce the instalment amount. Ld. counsel for DH has strongly opposed the said request.
In view of the above, Keep the matter for further hearing and finalisation of draft of terms of settlement. Both the parties and their counsels are directed to remain present on the next date.
Matter stands adjn to 17.02.2019 at 4.00 pm.
Next Purpose: SETTLEMENT
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Lalit Joshi, POA for DH present.
Adv. K. Khan for DH present.
Defendant present.
Adv. Pratap Singh for defendant present.
Heard both sides.
The Ld. counsel for JD submitted a fresh draft of terms of settlement prepared by JD. I have perused the draft Consent Terms submitted by JD. Draft of Consent Terms submitted by JD is taken on record.
It was submitted by Ld. counsel for DH that the proposed draft of terms submitted by JD as it is are not acceptable to DH. The JD should increase the amount of the first six installment or should increase the amount of subsequent instalments, so as to reduce the period of payment and make the total payment in 17 or 18 instalments.
In view of the above, Keep the matter for preparing final draft of Consent Terms tomorrow. Both the parties and their counsels are directed to remain present on the next date.
Matter stands adjn for settlement 18.02.2020 at 4.00 pm.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Lalit Joshi, POA for DH present.
Adv. K. Khan for DH present.
JD present.
Adv. Pratap Singh for JD present.
Heard both sides.
The Ld. counsel for JD submitted that the consent terms have been almost settled by the parties and can be finalised.
However, he submitted that there has been subsequent development after negotiation between the parties and submissions made before the court on the last date. The POA of DH Mr. Lalit Joshi had sent an email to the JD making some defamatory allegations and it was also forwarded to Ld. counsel for both the sides. The email sent by POA of DH Mr. Lalit Joshi is most unfortunate and the JD is hurt by the same. He submitted that POA of DH Mr. Lalit Joshi should tender his unconditional apology in writing to the court and the JD.
After hearing both the sides regarding the effect and consequences of email, POA of DH Mr. Lalit Joshi orally tendered his apologies to the JD before the court and expressed his regrets for his act. He also tendered a written apology to the court. The Ld. counsel for JD sought some correction in the written apology. Accordingly, corrections were made by the POA of DH Mr. Lalit Joshi and apology letter is taken on record and the issue of email is closed
Apology letter filed by POA of DH Mr. Lalit Joshi.
In the further hearing regarding terms of settlement, Ld. counsel for JD submitted a fresh draft of terms of settlement prepared by JD. I have perused the draft Consent Terms submitted by JD. Draft of Consent Terms submitted by JD is taken on record.
Ld. counsel for both the sides agreed that they will submit final draft of Consent Terms on next date. Therefore, both the parties and their counsels are directed to remain present on the next date.
Matter stands adjn for settlement to 25.02.2020
Next Purpose: SETTLEMENT
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Mr. Lalit Joshi, POA of plaintiff present.
Adv. K. Khan for DH present and filed draft Consent terms.
Adv. Pratap Singh for JD present and submitted that today JD is not able to attend the court, as he has gone to his native place. However, he submitted that terms of settlement have been almost agreed by the parties and can be finalised on next date.
Matter stands Adj for settlement to 28.02.2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Mr. Lalit Joshi, POA of DH present and
Adv. K. Khan for DH present.
JD and his counsel are absent till 4.55 pm.
Heard Ld. counsel for DH. He submitted that draft of terms of settlement has been already filed on record, but today JD and his counsel are not present and matter is being delayed. Hence, last chance may be given to the JD to remain present on 02.03.2020.
In view of the above submissions, last chance granted to the JD to remain present on 02.03.2020 at 4.00 pm positively along with his counsel, failing which court will proceed for passing orders on merits in the execution proceedings.
Matter stands Adj for settlement/hearing on merits to 02.03.2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Mr. Lalit Joshi, POA of plaintiff present.
JDR present.
Adv. K. Khan for DH present.
Adv. Pratap Singh for JD Present.
Heard both sides after ld. counsels had perused the draft of the terms of settlement placed on record.
The terms and conditions have been agreed by both the sides. However, some changes are required to be made in the final draft. of settlement to be placed on record.
By consent of parties, Matter stands Adj for settlement to 03.03.2020 at 4.00 p.m.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Lalit Joshi, POA for DH present.
Adv. Sanna Khan for D/hr. present.
Adv. Pratap Singh for J/dr. present.
Heard both sides. The Ld. counsel for DH and JD filed on record final Consent terms.
Terms of settlement.
I have perused the Terms of settlement along with details of the cheques and Bank details for RTGS. The POA Lalit Joshi for the DH and the JD and their counsels have put their signatures on the terms of settlement. Parties admit the contents of the settlement. Hence, terms of settlements are read and recorded.
As per paragraph 10 and 11 of the settlement, the Execution Application shall be withdrawn by the DH upon receipt of payments from the JD, as per annexure -I and II. Hence,
Matter stands Adj for report of compliance of settlement and further orders to 17.08.2020.
Next Purpose: REPORT
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adv. A.A. Khan for DH present.
Adv. Pal for JD is present.
Heard ld.Counsels for both sides regarding warrant of attachment sought to be taken out by the DH/ original defendant. Adv. Khan referred to the history of the matter and the conduct of the JD in avoiding the liability. Adv. Pal on behalf of the J.D sought time for hearing on issuance of warrant of attachment and made a statement at the bar that today he wants to take out fresh Chamber summons and undertook to serve the copy on the DH. He also requested to keep the matter on 28th of this month for hearing. Adv. Khan strongly opposed the request for adjournment. However, he submitted that if the copy of C/s is served on him today, he will submit reply before next date by serving copy in advance to the JD.
After considering submissions made before the court, time granted to the JD to take steps/comply with the terms of compromise filed before the court.
Interim order dated 10.8.2020 passed against the JD not to create third party interest in the immoveable sought to be attached to continue.
LO - Ld. Counsel Mr Pal for the JD filed fresh C/S. Copy served on the DH.
Matter stands Adj. to 28.8.2020 for reply and hearing on C/S. and warrant of attachment.
Next Purpose: C/S HEARING
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: By praceipe mattter taken on board of on 02.09.2020.
Adv. Kafil Khan for DH is present. He has filed reply to the Chamber Summons filed by JD. Copy served on the other side.
Adv. Pratap Singh for JD is present.
Heard both sides regarding urgency of passing orders on issuance of warrant of attached as prayed by DH. Ld. Counsel for the JD submitted that, matter may be adjourned to 8.9.2020, though soft copy was supplied on 25.8.2020, he has been served with hard copy today only. Ld, Counsel for the DH strongly opposed the request for adjournment and prayed for passing order with heavy costs.
After hearing Ld. Counsels for both sides, short adjournment is granted.
Matter stands Adj on 8.9.2020 at 11 am.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Business: Adv. Khan for DH present.
Adv. Pratap Singh for JD present.
Partly heard Ld. counsel for JD on CS no. 1638/19.
Ld. counsel for both the sides are directed to submit their Written notes of arguments, if any, on next date in advance and copies supply to the other side.
For want of time, Matter stands Adj for further hearing on CS no. 1638/19 to 15.09.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Business: Adv. Kafil Khan @ Ms. Sanna Khan for DH/ original Defendant present
Adv. Pratap Singh for the JD /original plaintiff present
Heard Ld. counsel for both the sides for quiet some time on the CS No. 1638/19 alongwith application for attachment filed by the DH. After hearing both the sides it appears that to consider the possibility, whether the terms of compromise agreed by the parties before the court in this execution proceeding can be revived, it would be necessary to hear the JD in person. Ld. counsel for the JD submitted that JD Mr. Pramod Pisal is present outside the court premises, he may called by sending message to the security, as entry to the litigants is not allowed in the court premises at present.
Accordingly message was sent.
However, it is reported by the counsel for the JD that JD Mr. Parmod Pisal has left and is unable to appear before the court today. Hence, he sought time till 18.09.2020. Time granted.
Sheristedar is directed to issue necessary letter/direction to the security to allow the JD Mr. Pramod Pisal, entry in the court premises on 18.09.2020.
Matter stands Adj for appearance/ hearing of JD Mr. Pramod Pisal in person to 18.09.2020 at 12.00 noon
Next Purpose: HEARING
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Matter taken up at 1.00 pm at the request of Adv. Pal on behalf of JD.
Adv. Kafil Khan @ Ms. Sanna Khan for DH/original defendant present.
Adv. Pal h/f Adv. Pratap Singh for JD/Original plaintiff present.
JD present before the court in person from about 12.45 pm.
I heard JD Mr. Pramod Pisal in person. In view of the submissions made before the court, JD was specifically asked 1) whether he is ready and wiling to revive the terms of compromise agreed before this court, in view of pandemic Covid-19 situation and 2) whether he is in position to make part payment/ payment of lapsed instalments, towards his liability. The JD stated before the court, he is willing to revive the terms of compromise agreed before the court. He further stated that if both sides sit together the terms of compromise can be revived. Regarding making of part payment/ payment of lapsed instalments. The JD stated that as on date he is unable to make any payment due to pandemic situation and the market is down. He requested the court that he may be given 3 months time, say, till January 2021 for making payment. It was submitted before the court by the JD and his counsel that JD is ready to complete the entire payment/discharge his liability as per compromise on or before the dead line. The JD will adjust the lapsed instalments during the proposed period of compromise between the parties agreed before the court.
Ld. counsel for DH/original defendant Mr. Khan submitted that whatever the JD stated before the court, is not acceptable to him. He further submitted that as per instructions of his client, matter be proceeded on merits and orders be passed, regarding attachment of property, as prayed before the court.
In view of the statement made by the JD before the court and after hearing the Ld. counsel for both the sides, it appears that revival of terms of compromise agreed before the court is not possible. Hence, matter shall proceed on merit regarding attachment of property, as prayed before the court.
As the matter is part heard, the interim order/directions to the JD dated 10.08.2020, not to create third party interest in the immovable property sought to be attached, shall continue till next date.
Matter stands Adj for hearing (P.H.) to 29.09.2020.
Next Purpose: HEARING
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Business: By praecipe matter is taken on today\''s board.
Adv. Pal for JD present and filed draft NM along with affidavit. Leave granted to register draft NM.
Matter already Adjn to 29.09.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Called out At. 12.00 PM.
Adv. Sanna Khan for DH/Original defendant present and seeks time to file reply to the NM no. 1371/20. Time granted.
Adv. Pal for JD/Original plaintiff present and filed the original NM no. 1371/20 along with affidavit. He seeks leave to register the draft CS filed on 17.08.2020. Leave granted to register draft CS, which was filed on 17.08.2020. Copy served on other side. He submitted that his senior Adv. Pratap Singh is on the way to the court. Hence, matter is kept back till 12.30 pm
Take up At. 1.00 pm.
Adv. Pratap Singh for JD/Original plaintiff present.
Heard both sides regarding attachment of property, as prayed by the DH. Ld. counsel for DH requested that interim order/directions dated 10.08.2020 to the JD, not to create third party interest in the immovable property sought to be attached, may be continued.
Ld. counsel for JD opposed the above request and submitted that order dated 10.08.2020 may be modified, to the extent of two flats only, because the continuation of this order in respect of the property, which according to the JD is not belonging to him, will be futile. After hearing both the sides, I find that the right and interest of JD in respect of the property sought to be attached is disputed by the parties. Hence, the interim order dated 10.08.2020 shall continue in respect of the property belonging to the JD till next date/decision of the NM no. 1371/20.
Hence, Matter stands Adj for filing of reply and hearing of NM no. 1371/20 to 9.10.2020.
Next Purpose: REPLY
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Business: Adv. Khan with Adv. Sanna Khan for DH/original defendant present.
Adv. Pal for JD/original plaintiff present and filed original CS no. 558/20 along with affidavit.
Heard Ld. counsel for both the sides. Adv. Khan on behalf of the DH/original defendant sought time to file reply to NM no. 1371/20. Time granted.
Interim order dated 10.08.2020 as modified on 29.09.2020 to continue.
Matter stands Adj for Order regarding attachment of property as prayed by the DH to 21.10.2020.
Next Purpose: ORDER
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: Adv. Pratap Singh for JD/ Original plaintiff present.
Adv. Sana Khan for DH/Original Defendant present and filed reply to NM No. 1371/20.
Earlier order to continue till next date.
Matter stands Adj for Hearing on NM to 27.10.2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: Adv. Pal h/f Adv. Pratap Singh for JD/Original plaintiff present and seeks time to file rejoinder to reply in Nm no. 1371/20.
Adv. Khan for DH/Original defendant present and has strongly opposed the oral request of Ld. counsel for JD. He submitted that Ld. counsel for JD/plaintiff is delaying the matter, if he had to submit rejoinder, he should have come with the same today itself.
Considering the above submissions, last chance granted to Ld. counsel for plaintiff to submit rejoinder on or before next date, with a direction to serve copy in advance to the other side.
Earlier order to continue till next date.
Matter stands Adj for filing rejoiner and NM hearing to 04.11.2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Adv. Pratap Singh a/w Adv. Pal for DD/ original plaintiff present and filed rejoinder to the NM No. 1371/20. Copy served on the other side. TOR.
Adv. Sanna Shaikh for DH/ original defendant present and submitted that she had received the soft copy of rejoinder yesterday late night at 10.50 p.m. and today she has received the hard copy and she do not want to file any Sir-rejoinder.
Heard Ld. counsel for both the sides at length on NM No. 1371/20 and regarding issuing warrant of attachment.
Earlier order to continue till next date.
Matter stands Adj for Orders on NM No. 1371/20 and orders regarding issuing of warrant of attachment to 10.11.2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Adv. Khan for original defendant/DH present and took objection to the conduct of the Ld. counsel for JD on the ground that on 07.11.2020 the Ld. counsel moved this court by taking out the praecipe without notice to him and the roznama reflect that Ld. counsel for JD was heard by the court in his absence. He further submitted that yesterday only he has received soft copy of written notes of arguments at 9.16 pm, when the matter was already closed for orders. The JD is only delaying the matter. Hence, he has taken a strong objection to the above conduct.
Adv. Swpnil Bangur with Adv. Pal h/f Adv. Pratap Singh for original plaintiff/JD present and filed written arguments. Hard copy served on other side today. He submitted that he has no objection, if time is granted to the DH for submitting reply submissions to the written notes of arguments.
After hearing both sides and considering the objections taken by Mr. Khan, the Ld. counsel for JD to take note that henceforth he shall not take out any praecipe without notice to the other side and shall comply with the procedure.
Earlier interim order to continue till next date.
Matter stands Adj for filing reply submissions and hearing to 12.11.20.
Next Purpose: REPLY
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Business: Adv. Sana Khan for Original defendant/DH present and submitted counter written arguments in reply to the written arguments dated 10.11.2020 filed by the Ld. counsel for JD.
Adv. Swapnil Bangur with Adv. Pal for original plaintiff/ JD present.
Heard both sides quite some time with reference to the written notes of arguments submitted by Ld. counsel for JD and counter written arguments submitted by Ld. counsel for DH.
In view of the objections taken by the JD in the written notes of arguments, a legal question arises before the court as to whether the original execution application can proceed as it is, in view of subsequent terms of settlement between the parties dated 02.03.2020, which was recorded on 03.03.2020- or the original Execution application needs to be amended by the DH, if he elects to rely upon subsequent terms of settlement vide Ex-3-
Ld. counsel for JD seeks to reserve his right to address the court whether such an amendment would be permissible in law- and regarding the admissibility of such an amendment in the present execution proceedings.
Ld. counsel for DH also seeks time to take instructions from his client before making any statement before the court regarding the defaults in the terms of settlement at Ex-3 and its effects on the present execution proceedings. Time granted to Ld. counsel for DH.
As court time is over, matter is kept part heard.
Earlier interim order to continue till next date.
Matter stands Adj for further hearing to 08.12.2020.
Next Purpose: REPLY
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Adv. Khan alongwith Adv. Sana Khan for Original defendant/DH present.
Adv. Swapnil Bangur with Adv. Pal for original plaintiff/ JD present.
Heard both sides.
Ld. counsel for the DH made a submission before the court that he has taken instructions from his clients regarding the defaults by the JD in terms of settlement at Exh. 3. On the basis of the instructions, he made a statement before the court that the settlement dated 02.03.2020 and recorded by the court on 03.03.2020 is not acted upon by the JD and therefore, the DH is not relying upon the same in the present execution proceedings. The statement of the counsel for DH is accepted.
Ld. counsel for the DH further submitted that he wants to take out CHS and NM for addition of son of the JD as party to the proceedings and for claiming certain substantive reliefs, including for the contempt of the orders of the court. Time granted to the DH for taking steps.
Matter stands Adj for taking steps by DH and for further hearing to 14.12.2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv. Sana Khan for Original defendant/DH present Adv. Swapnil Bangur with Adv. Pal for original plaintiff/ JD present. The counsel for the Original Defendant/ DH has filed draft NM supported by an affidavit against JD/ JD No. 1. Copy served on the other side. Leave granted to register the draft NM. On oral request, the counsel for the JD No. 1, time granted to file reply. Ld. counsel for the Original defendant/DH has also tendered draft CHS supported by an affidavit and documents for addition of Mr. Karan Pramod Pisal as respondent/ JD No. 2 in the present proceedings. Leave granted to register the draft CS. Ld. counsel for the plaintiff/ JD No. 1 submitted that he wants time to file reply to the draft CHS. Time granted. Ld. Counsel for the Original defendant/DH undertakes to serve the respondent/ JD No. 2 and seeks time. Time granted. Matter stands adj. for service to respondent/ JD No. 2 and reply to the draft CHS/ further hearing to 06.01.2021
Next Purpose: REPLY
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv. Ms.Sana Khan for DH present.
Adv. Pal for JD present.
KB
LO at 12.15pm
Adv. Ms.Sana Khan for DH present and filed original Chamber Summons No.775/20 along with affidavit in support of Chamber Summons. T.O.R.
She also filed original Notice of Motion No.1998/20 along with affidavit in support of Notice of Motion. T.O.R.
Adv. Pal for JD admits service of Ch/s and NM and undertakes to serve the copy of reply atleast four days in advance on the advocate for DH. The statement is accepted.
Advocate for DH filed affidavit of service in Ch/s no.775/20. TOR and marked as Exh.4.
O- Seen.
Earlier order is to be continued till next date.
The case is adjourned to 16.01.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Advocate Rajesh Patil a/w advocate Ms.Sana Khan for DH present.
Advocate Swapnil Bangur a/w advocate Pal for JD present and filed reply to NM 1998/20. TOR and marked as Exh.5.
O-R and R.
KB at 11.30am
LO at 11.35am
Same appearance.
Earlier order is to be continued till next date.
The case is adjourned to 30.01.2021 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Advocate Rajesh S.Patil a/w advocate Ms.Sana Khan for DH present.
Advocate Swapnil Bangur a/w adv. Pal for JD present.
Heard.
Advocate for JD seeks time to file written objections to the maintainability of Execution application.
Time is granted subject to costs of Rs. 1000/- payable to DH.
The case is adjourned to 06.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Advocate Ms. Sana Khan for DH present and submits that costs is received.
Advocate Swapnil Bangur for JD present and tendered written objections. TOR and marked as Exh. 6.
Copy given to other side.
Advocate for DH seeks time to file rejoinder.
Earlier order is to be continued till next date.
The case is adjourned to 16.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: Declared holiday as per Office Order 81 of 2021
Next Purpose: HEARING
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: court is vacant
Next Purpose: HEARING
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Matter called out at 11.38 a.m.
Adv. Rajesh S. Patil a/w Sana Khan for Decreeholder present.
Adv. Swapnil Bangur a/w Shailesh Pal for Judgment Debtor present.
Judgment debtor is not available in the afternoon session. Therefore, matter is adjourned.
Earlier order to continue, if any till then.
Decreeholder filed rejoinder. TOR. Copy already served to the other side.
Adv. Tanmay Sawant tendered Vakalatnama on behalf proposed Respondent No. 2 in CHS No. 775 of 2020. TOR. Exh.7
O-Seen and filed.
He sought time to file reply. Time granted.
Matter stands adjourned to 16.09.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Matter called out at 3.25 pm.
Adv. Shailesh Pal h/f Adv. Pratp Singh for plaintiff present.
Adv. Rajesh S. Patil a/w Katil A. Khan for decree holder present.
Adv. K. S. Tagulh a/w Ramndhe
Adv. Tripathi for proposed respondent no. 2 filed reply to CS No. 775/2020. TOR. Copy is supplied to the other side.
Heard both the sides on CS No.
NM 1998/2020
Heard Adv. for Applicant/Decree holder. At the request of JD NM 1371/2020 is KB.
NM 1371/2020
Heard Adv. for Applicant/Decree holder. At the request of JD NM 1998 is KB.
As the court time over, argument of Adv for pltff part heard.
Matter stands adjourned to 17/09/2021 at 4.30 pm.
Next Purpose: HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Matter called out at 5.43 pm
Adv. Rajesh Patil a/w Kafil A. Khan for plaintiff present.
Adv. Swapnil Bangar a/w Shailsh Pal for defendant.
As there is no sufficient time today.
Matter stands adjourned to 21-09-2021 at 2.45 pm for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Matter called out at 02.58 p.m.
Adv. Rajesh S. Patil a/w Kafil A. Khan for decreeholder present.
Adv. Swapnil Bangur a/w Adv. Pal for judgment debtor present.
Kept back
Later on at 04.09 p.m.
Adv. Rajesh S. Patil a/w Kafil A. Khan for decreeholder present.
Adv. Swapnil Bangur a/w Adv. Pal for judgment debtor present.
Heard both the sides on NM No. 1998/20 and NM No. 1371/20.
Matter stands adjourned to 27.09.2021 for NM orders.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Matter called out at 4.05 p.m.
Adv. Sana K. Khan Reg. No. MAH/2786/2016 for decreeholder present.
None present for judgment debtor.
Kept back.
Later on at 5.22 p.m.
Adv. Sana K. Khan Reg. No. MAH/2786/2016 for decreeholder present.
Adv. Shailesh Pal I/b Pratap Singh for judgment debtor present.
Following F.R.S.R. order is passed in NM No. 1998/19
ORDER
1. Notice of Motion No.1998 of 2019 is hereby allowed in terms of prayer clause (a) and (b);
2. The judgment debtor is directed to disclose movable and immovable properties in which he has interest /common interest belonging in his personal name or in the name of Proprietor firm or Partnership firm or Company;
3. In the event of failure to make correct disclosure, he shall be liable to detain in the civil prison as contemplated under Order 21 Rule 41(3);
4. The judgment debtor/original plaintiff his associate, his servant, agent, representative is restrained from creating third party interest in the property mentioned in the schedule of execution application till further orders of this court.
5. Issue show cause notice to the judgment debtor /original plaintiff as to why he should not detain in civil prison.
6. The present Notice of motion shall be kept pending till filing of reply to the show cause notice by the judgment debtor and hearing on the same.
7. The parties to act on authenticated copy of roznama.
8. Returnable on 08/10/2021.
Following F.R.S.R. order is passed in NM No. 1371/20
ORDER
1. Notice of motion No. 1371 of 2020 is dismissed with cost.
2. Notice of motion No. 1371 of 2020 is disposed off accordingly.
Matter stands adjourned to 08.10.2021 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Matter called out at 5.31 p.m.
Adv. Sana Khan a/w Kafil Khan for DH present.
Adv. Pal for JDH present. He tendered affidavit regarding disclosure of asset without prejudice to his right to challenge the impugned order directing him to file affidavit. TOR. Exh.8
O-Seen and filed.
Copy already supplied.
DH is at liberty to file objection, if any.
Matter stands adjourned to 30.10.2021 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Matter called out at 4.39 p.m.
Adv. Sana Khan I/b KSK Legal for DH present. She tendered service affidavit alongwith the bailiff report which shows that the JD/original plaintiff is duly served. In spite of service, no body appeared. Thus, it can be presumed that the JDR has nothing to say. By order 27.09.2021, I have observed that the JDR/plaintiff dishonestly transferred suit premises. Hence, I am of the view, that he be detained in the Civil prison for a period of 3 months. Thus, I proceed to pass the following order.
1. NM No.1998/2020 made absolute in terms of prayer clause (c) of the NM.
2. The DH is directed to deposit Rs.15,000/- towards the subsistence allowance of the plaintiff/ JDR.
3. After deposit of the aforesaid amount, issue warrant against the JDR/plaintiff and be sent to civil prison at Arthur Road Jail.
4. In view of the above, NM No.1998/20 is disposed of.
DH tendered affidavit in reply to the disclosure made by the plaintiff in pursuance to order dated 27.09.2021 passed in NM No.1998/20. TOR.
DH undertakes to supply copy to the plaintiff.
Matter stands adjourned to 04.12.2021 for compliance.
Later on at 5.25 p.m.
Adv. Shailesh Pal @ Adv. Viraj Singh for JDR present.
Already adjourned to 04.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Matter called out at 5.07 p.m.
Adv. Kafil A. Khan a/w Sana Khan for DH present.
Adv. Pratap Singh for JDR present.
He tendered reg. No.2749/21. TOR.
He also tendered documents as per list. Exh.12.
Matter stands adjourned to 09.12.2021 for compliance/reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Matter called out at 3.31 p.m.
Adv. Kafil A. Khan a/w Sana Khan for DH present. He tendered say to the affidavit dated 07.12.2021 of JDR, Exh.13. Exh.14.
None present for JDR present
Matter stands adjourned to 07.01.2022 for hearing on affidavit filed
by JDR Exh.13.
Later on at 4.30 p.m.
Adv. Pratap Singh for JDR present.
Already adjourned to 07.01.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Matter called out at 3.48 p.m.
Adv. S. Qureshi for DH present.
Adv. Shailesh Pal for JDR present. He informed that they have filed transfer application before Hon\''ble Principal Judge.
Hence, matter stands adjourned to 07.02.2022 for hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per office order no.27 of 2022 dated 06.02.2022, holiday declared to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar. Hence, board discharged.
Next Purpose: C/S HEARING
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Matter called out at 3.32 p.m. Adv. Sana Khan a/w Adv. Kafil A. Khan for DH present. Adv. Shailesh Pal I/b Adv. Pratap Singh for JDR present. He tendered reg. NM No.673/22. TOR. Parties informed that TA is kept on 07.03.2022 for orders. Matter stands adjourned to 07.04.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Court is on leave in second session. Hence board discharged.
Next Purpose: REPLY
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: CORAM HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
Matter pertains to C.R. No.3
Adv. Mr. Pratap Singh for J.D. present.
None present for D.H.
The concerned clerk of C.R. No.3 as submitted that none appeared on behalf of D.H. Advocate for the J.D. has filed and application for deposit of demand draft of Rs. 1,00,000/- (Rupees One Lakh Only) bearing No. 010760 dated 07.04.2022 address to Registrar City Civil Court, Bombay. Application is t.o.r. marked as Exh.14.
ORDER passed below Exh.14.
Perused the application and order in writ petition No. 7580 of 2021. The application is allowed and said demand draft No. 010760 dated 07.04.2022 of Rs. 1,00,000/-(Rupees One Lakh Only) be taken on record and Registrar Civil is directed to accept and deposit in the account and do the needful as per the order in writ petition No.7580 of 2021. All the concerned to Act upon. Application Exh.14 is allowed and disposed of.
Matter adjourned to 08.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-05-2022
Date: 18-05-2022
Business: NOB TOB. Moved by precipe.
Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present.
He tendered application for deposit of Demand Draft of Rs.50,00,000/- bearing no. 023884. TOR. Exh. 17.
O- Allowed to deposit.
Matter already stands adjourned to 08.06.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv. Sana Khan for DH present.
Adv. Viraj Singh h/f Adv. Pratap Singh for JDR present. He tendered application for deposit of demand draft of Rs.1,00,000/- bearing no.010790. TOR. Exh.18.
O-Allowed to deposit.
By consent, matter stands adjourned to 17.06.2022 for CS and NM
hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Adv. Sana Khan for DH present. She tendered reply to NM No.673/2022 and NM No.2749/2021. TOR.
She also tendered reg. NM No.2007/2022. TOR.
Adv. Viraj Singh for JDR present. He tendered reply to NM No.2007/2022. TOR.
Kept back.
Later on at 4.36 p.m.
Adv. Sana Khan for DH present.
Adv. Pratap Singh for JDR present.
Respondent in CS No.775/2020 is present. He is seeking time for argument. Time granted.
Argument of both the parties on CS No.558/2020, CS No.1638/2019 and NM No.2749/2021 heard.
Following F.R.S.R. order is passed in CS No.558/2020.
ORDER
1. Chamber Summon No.558/2020 in Execution Application
No.94/2019 in S.C. Suit No.1327/2017, is hereby dismissed.
2. Chamber Summons disposed of accordingly.
Following F.R.S.R. order is passed in CS No.1638/2019.
ORDER
1. Chamber Summon No.1638/2019 in Execution Application
No.94/2019 in S.C. Suit No.1327/2017, is hereby dismissed.
2. Chamber Summons disposed of accordingly.
Following F.R.S.R. order is passed in NM No. 2749/2021.
ORDER
1. Notice of Motion No.2749/2021 in Execution Application
No.94/2019 in S.C. Suit No.1327/2017, is hereby dismissed.
2. Notice of Motion disposed of accordingly.
Matter stands adjourned to 12.07.2022 for hearing on CS
no.775/2020, NM No.673/22 and NM No.2007/22.
Nature Of Disposal: DISMISSED
Disposal Date: 17-06-2022