Final Order 3

Order Details: Order below exhibit
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
ORDER BELOW EXH.V.
IN
EXECUTION APPLICATION NO.348 OF 2019.
(CNR NO. MHCC01-009600-2019)
IN
PETITION NO.18 OF 2015.
Mrs. Shashikiran Engineering Works …. Decree Holder/
Orig. Petitioner.
V/s.
M/s. Shamvik Glasstech Pvt. Ltd. ...Judgment Debtor/
Org. Respondent.
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 03/02/2025.
Adv. Chandrakant Yadav for Decree Holder.
Adv. Hardik Desai i/b Adv. P.D. Gandhi for Judgment Debtor.
ORAL ORDER
This is an Execution Petition in respect of final
order passed by Micro and Small Enterprises Facilitation
Council, Konkan dated 21 s t March, 2018. As per letter dated
01.02.2019 this precept of this final order is transferred to
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this Court for execution. As per record and proceeding,
warrant of attachment under Order XXI Rule 43 and 54 of the
Code of Civil Procedure, 1908 along with same proclamation
was issued against Judgment Debtor. As per Sheriff Report
Warrant of sale of immovable property dated 10 t h January,
2024 issued by Hon’ble City Civil Court, Mumbai and pursuant
to the proclamation of sale, dated 10 t h June, 2024 is settled by
the Commissioner for taking accounts, Hon’ble High Court
Bombay. As per Execution, D.D. of Rs.1,33,62,934.79/- was
deposited in the office of Sheriff, Bombay.
2. Today, Decree Holder, his advocate and Ld. advocate
for Judgment Debtor are present before the Court. Decree
Holder voluntarily submit before the Court that he accept and
agreed Rs. 1,33,62,934.79/- towards amount payable by the
Judgment Debtor to the Decree Holder. He also submitted
before the Court that after necessary deduction by office of
Sheriff, Mumbai amount of Rs. 1,33,62,934.79/- along with
interest accumulated thereon be transferred in the account of
Decree Holder and Execution Application be disposed off.
3. Judgment Debtor also filed pursis (Exh.4) and
consented the contention of Decree Holder. In the present
Execution, the outstanding amount in decree is settled and
agreed and accepted by Decree Holder. Hence, I proceed to
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pass following order:
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, necessary order be passed below Exh.1
Date-03/02/2025. (R. B. Parvekar)
Ad-hoc Judge, City Civil Court
Gr. Mumbai
D i c t a t e d o n : 0 3 / 0 2 / 2 0 2 5 .
Ty p e d o n : 0 3 / 0 2 / 2 0 2 5
s i g n e d o n :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
06.02.2025 at 2.00 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Shri R.B. Parvekar,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 06.02.2025
Order signed by P.O. on 06.02.2025
order uploaded on 06.02.2025
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