Date: 03-10-2019
Business: Shri. A.S. Pradhan, advocate for the Plaintiff present. Plaintiff present. On request of Shri. Pradhan, as the execution application is in respect of transfer decree, issue notice before execution returnable on 20/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Shri. Ajit Pradhan, advocate for the plaintiff present.
On request of Shri. Pradhan, for completing service, adjd to 13/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Shri. Ajit Pradhan, advocate for the plaintiff present.
Shri. N.K. Agarwal, Defendant present.
As Court is on leave, board discharged and adjd to 18/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: Shri. M.K. Agarwal, representative of the defendant present.
As Court is on leave, board discharged and adjd to 26/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Parties and Advocates absent.
As Court is on leave, board discharged and adjourned to 28/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Parties and advocate are absent adjourned to 24/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Parties and advocate are absent adjourned to 20/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Parties and advocate are absent.
Matter adjourned to 13/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 15/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Parties and Advocates absent.
Adjourned to 27/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Parties and Advocate absent matter adjourned to 29/11/2021, by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: As Court is on leave, board discharged and matter adjourned to 13/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: As Court is on leave, board discharged and matter adjourned to 19/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 11/02/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: In view of Office Order No.22 of 2022, matter adjourned to 18/02/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: As Court is on leave, board discharged and matter adjourned to 16/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Court is on leave, board discharged adjourned to 25/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Parties and advocate absent adjourned to 26/04/2022, for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Date: 09-03-2023
Next Purpose: NOTICE
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: Shri Chandrakant Yadav, Advocate for Plaintiff present.
Exe.application marked as Exe.A(Colly.).
Original notice with service report of bailiff pasted thereon, stating that the notice has been served, received from the office of Dy.Sheriff of Mumbai t.o.r and marked as Exh.B.
Shri Yadav states that despite service none of the defendants appeared nor filed reply and he therefore prays that notice issued against defendants be made absolute and warrants of attachment U/o.XXI, Rule 43 and 54 of CPC be issued, further stating that the properties sought to be attached belongs to and in possession of defendant.
Hence, upon perusing service report and upon hearing Shri Yadav, issue warrants as prayed for returnable on 15/06/2023
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Shri Shashikarn Nadkarni, proprietor of plaintiff Company present.
Shri Pravin Mengane, advocate for defendant present.
NOBTOB.
Matter is taken on board by way of preacipee tendered by Judgment debtor t.o.r and marked as Exh.C.
Shri Mengane has tendered joint vakalatnama of Suresh Dhole and Pravin Mengane advocates for defendant t.o.r and marked as Exh.D.
Shri Mengane has tendered application to seat a side order dated 20/04/2023, t.o.r and marked as Exh.E.
Copy of application has been served upon Shri Nadkarni by Shri Mengane.
As the advocate for plaintiff is absent, for reply on the application filed by defendant, matter adjourned to 15/06/2023.
Next Purpose: REPLY
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: As Court is on leave, board discharged and matter adjourned to 22/06/2023.
Next Purpose: REPLY
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Shri Chandrakant Yadav, Advocate for Plaintiff present.
Shri Suresh Dhole, Advocate for defendant present.
Inventory bearing No.SGP-BCCW/266/713/2023 dated 13/06/2023 received from the office of Deputy Sheriff of Mumbai, t.o.r. marked as Exh-F.
Original warrants u/o.XXI, Rule 43 and 54 of CPC with bailiff report pasted thereon received from the office of Deputy Sheriff of Mumbai, t.o.r. marked as Exh-G and Exh-H, respectively.
Shri Yadav tendered affidavit in reply to the application dated 21/04/2023 filed by Judgment Debtor, t.o.r. marked as Exh-I.
Considering the issue involved in view of application filed by Judgment Debtor, to which reply has also been filed today, thereby the issue has become contested and considering the provisions of section 8(2)(c) of the Bombay City Civil Court Act, 1948, by consent of both the advocates, matter is hereby submitted to Honourabel Court as per assignment on 13/07/2023.
Office to take steps to assign the matter to Honourable Court.
Parties and advocates to appear before the Court, as may be assigned, on 13/07/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy in recording evidence in Civil Case hence, parties are directed to mark their appearance, file necessary application with Sheristedar. Hence, no effective hearing is taken place. Accordingly matter adjourned.
Adv.Chandrakant Yadav for DH present.
Adv.Suresh Ohole a/w Adv.Pravin mengane for JD present.
Matter is adj to 26/07/2023 for directions
Next Purpose: DIRECTIONS
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Chandrakant P. Yadav for DH present.
kept back.
Later on at 11.53am
Adv.Chandrakant P. Yadav for DH present.
Adv.Suresh Ohole a/w Adv.Pravin Mengane for JD present.
Heard both the sides on Exh-E.
On request Ld.Adv. for JD, matter is adj to 01/08/2023 for ciatation/order.
Next Purpose: CIATATION
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy hearing of other matters and recording evidence in Civil Case hence, parties are directed to mark their appearance, file necessary application with Sheristedar. Hence, no effective hearing is taken place. Accordingly matter adjourned.
Adv.Chandrakant Yadav for DH/applicant present. He filed application for taken on record necessary notification T.O.R marked as Exh-K
Adv.Suresh Dhole a/w Adv.P. P. Mergane for JD present. He filed written notes of arument T.O.R marked as Exh-L
He also filed pursis to allow the some important documents and judgment on record (Exh-J)
Matter is adj to 13/10/2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Chandrakant Yadav for DH/plaintiff present.
None for JD/defendant.
Matter is adj to 21/10/2023 for order.
Later on at 11.13am
Adv.Pravin Mengane for JD/defendant present.
Next Purpose: ORDER
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Representative of DH/plaintiff present.
Adv.Suresh Dhole i/b Adv.Pravin Mengane for JD/defendant present.
kept back.
Later on at 11.33am
Adv.Chandrakant Yadav for applicant present.
Matter is adj to 30.10.2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
kept back.
Later on at 11.13am
Representative of JD present-Shri.N.K.Agarwal.
Kept back.
Later on at 12.39pm
Adv.Pravin Mengane for JD present.
Matter is adj to 31/10/2023 for order.
Next Purpose: ORDER
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Chandrakant Yadav for DH/plaintiff present.
None for JD.
Application below Exh-E is rejected.
Reasons are separately recorded.
Dictated and pronounced in open court.
Matter is adj to 02/12/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2023
Date: 02-12-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Chandrakant P. Yadav for DH/plaintiff present. He filed application for direction to bailiff marked as Exh-N.
Order-Other side to say.
He also filed Misc. Application for issuance of sale warrant marked as Exh-O.
Order-Other side to say.
Adv.P.P.Mengane for JD/defendant present.
Matter is adj to 19/12/2023 for say on Exh-O and Exh-N.
Next Purpose: FILING SAY
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Chandrakant Yadav for DH/plaintiff present.
Adv.Pravin Mengane for JD/defendant present.
At the request of advocate for JD matter is kept back.
Later on at 1.51pm
Adv.Chandrakant Yadav for DH/plaintiff present.
Adv.Suresh Ohole a/w Adv.Pravin Mengane for JD/defendant present. He filed application at Exh-P to adjourn the matter.
DH file reply and strongly opposed the application at Exh-P.
Heard both the sides on Exh-P. Thereafter advocate for JD filed reply on Exh-O which is marked as Exh-Q. Therefore application Exh-P seeking adjournment to file reply become in fructuous. Accordingly it is filed.
Heard both the sides on Exh-O.
Kept back.
ORDER ON EXHIBIT-O
It is submission of Ld.Adv. for JD that JD has preferred Writ Petition No.3381/2020 before Honble High Court which is pending hence the court ought to have stay the proceeding before this court. He also submit that the DH has not mentioned in execution application whether appeal is pending or not. Hence DH ought to have correct the application in view of the observation of Honble Supreme Court in Krishna Gopal V/s State of UP in Appeal No.7104 of 2001. On the other had it is submission of Ld.Adv. for DH that no stay is granted to the execution by superior court hence prayed to allow application Exh-O and direct issue warrant of sale.
In Krishna Gopal(Sapra) the Honble Supreme Court has dealt with necessity of filing fresh execution application after appeal is disposed off. Therefore the observation of the Honble Supreme Court in Krishna Gopal(Sapra) are not strictly applicable to the case. Moreover there is no stay granted by Honble High Court. In such case there is no hurdle to allow the application Exhibit-O in the result following order is passed-.
ORDER
1. The application Exhibit-O is allowed in terms of prayer clause (a) and (b).
2. Issue accordingly warrant of sale.
Matter is adj to 26/02/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Mr.N.K.Agarwal-Representative of defendant present. He filed application along with xerox copy of Writ Petition St.35139 of 2023 marked as Exhibit-R. O-Seen and filed.
Matter is adj to 06/04/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Not on board taken on board matter moved by precipe Adv.Chandrakant P. Yadav for DH/plaintiff (Exh-P). He also filed application at Exhibit-Q to extend the period of warrant of sale. In view of submission Ld.Adv. for decree holder the period of warrant of sale is extended for six months from today or till it is executed, whichever occur earlier.
Matter is already adj to 06/04/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2024
Date: 06-04-2024
Business: Court is on leave, hence board is discharge and adjourned to....
Next Purpose: COMPLIANCE
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: Po is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None for DH/plaintiff.
Mr.N.K.Agarwal- Representative of JD/defendant present, his advocate absent.
Matter is adj to 11/12/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-10-2024
Date: 10-10-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Not on board taken on board.
High Court writ bearing No.D.D.(W.P) No.C1115783 of 2024 dated 15/07/2024 received by Board Department on 05/10/2024 by Inward No.14865 and received by this court.
Honble High Court Justice Milind N.Jadhav J. passed following order in Writ Petition No.3456 of 2024 on 01/07/2024.
P.C.
3. Learned District Court is directed to dispose of Miscellaneous Application No.166 of 2024 as also Application filed under Section 34 for admission as expeditiously as possible and in any event within a period of four weeks from today.
Record shows that the Misc. Application No.166 of 2024 is not pending in this court. CIS shows that the said matter is already disposed of by Cr.No.3 which was between different parties.
Hence, date is preponed and issue notice to both parties on court motion through bailiff for clarification matter is kept on 19/10/2024.
Matter is adj to 19/10/2024 for service report/hearing (H.C.T.B).
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-10-2024
Date: 19-10-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None present.
Keep Back.
Later on at 1.06pm
Adv.for DH/plaintiff present. He filed pursis marked as Exh-R. Order-Seen and filed.
None for JD/defendant.
Matter is adj to 21/10/2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None present.
Matter is adj to 22/10/2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None present.
Bailiff report marked as Exh-S. Order-Seen and filed.
In view of Exh-R, pursis filed by advocate for DH along with order of Civil Misc. Application No.166/2024 on record, compliance be reported to the Honble High Court in Writ Petition No.3456 of 2024.
Matter is adj to 29/11/2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 29-11-2024
Date: 29-11-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Chandrakant Yadav for DH/plaintiff present.
Adv.Hardik Desai filed vakalatnama in behalf of JD/defendant marked as Exh-T. Order-Seen and filed.
Adv.for JD/defendant filed draft Notice of Motion, along with affidavit for set aside attachment. Order-Leave is granted to register the Notice of Motion.
Draft N/M along with affidavit returned to the JD/defendant for registration purpose.
Copy of N/M served to the advocate for DH/plaintiff in court.
Matter is adj to 22/01/2025 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2025
Date: 03-01-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Not on board taken on board.
Adv.Chandrakant Yadav for DH/plaintiff present.
Adv.Gandhi for JD/defendant present and tendered registered N/M No.6411/2024 alongwith affidavit in support. T.O.R.
Deputy Sheriff present and filed report taken on record marked as Exh-U.
As per report decretal amount of Rs.1,33,62,934.79/- is deposited in fixed deposit with Union Bank of India for the period of two months by deputy sheriff.
DH and JD are present and submitted before the court there is dispute in respect of mathematical calculation of decretal amount in consonance with award. They sought time to argue on said accept in detail on next date. Order-Granted.
Matter is already adj to 22/01/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
None for DH/plaintiff .
Adv.Pradeep Gandhy for JD/defendant present present.
Matter is adj to 27/01/2025 for hearing.
Later on at 3.14pm
Adv.Chandrakant Yadav for DH/plaintiff present.
Next Purpose: HEARING
Next Hearing Date: 27-01-2025
Date: 27-01-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Adv.Chandrakant Yadav for DH/plaintiff present.
Adv.Pradeep Gandhy for JD/defendant present present.
By consent of both the parties, matter is adj to 03/02/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-02-2025
Date: 03-02-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Adv.Chandrakant Yadav for DH/plaintiff present.
Adv.Hardik Desai for JD/defendant present.
Keep Back.
Second time matter called out at 4.27pm
Adv.Chandrakant Yadav for DH/plaintiff present and filed pursis t.o.r marked as Exh-V. Order-Filed.
Adv.Hardik Desai for JD/defendant present and filed pursis t.o.r marked as Exh-X. Order-Filed.
Separate order is passed on Exh-V.
F.R.S.R following order is passed on Exh-1.
ORDER
1. Sheriff of Mumbai is directed to deduct his 1% sheriff poundage on amount of Rs.1,33,62,934.79/- (Rs. One Crores, Thirty Three Lakhs, Sixty Two Thousand, Nine Hundred Thirty Four and Seventy Nine Paise Only)
2. After deducting Sheriff Poundage @ 1% from the said amount Rs.1,33,62,934.79/- (Rs.One Crores, Thirty Three Lakhs, Sixty Two Thousand, Nine Hundred Thirty Four and Seventy Nine Paise Only). i.e. Rs.1,33,629/-, amount of Rs.1,32,29,305.79/- (Rs.One Crores, Thirty Two Lakhs, Twenty Nine Thousand, Three Hundred Five and Seventy Nine paise only) with interest on deposited amount by the Judgment Debtor be given/pay to Decree Holder upon due verification of its identity. Decree Holder shall pay Income Tax as per rule, if any.
3. Warrant of Attachment U/O. XXI Rule 43 and 54 of the Code of Civil Procedure, 1908 be called back and proclamation of sale stands vacated.
4. Accordingly, Execution Application No.348 of 2019 is disposed off accordingly.
Execution Application No.348 of 2019 is withdrawn and disposed off hence, Notice of Motion No.6411/2024 also disposed off.
Nature Of Disposal: WITHDRAWL
Disposal Date: 03-02-2025