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NOTICE OF MOTION

Dr Zenobia Pervez Dumasia - Exe App 476 of 2015VsShri Dinyar D Daruwala - deceased

CNR MHCC0100967620192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 24th June 2021

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103556/2019
Registration Date
23 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-10-2019
    Business: Adv. Amit Shatri for DHR present.
    Shri. V.S. Panandikar, Assistant Section Officer, Court Receiver office, High Court Bombay present.
    He tendered original NM No.3556/19 - t.o.r.
    None for defendant.
    Affidavit of service filed by advocate for DHR.
    So far as this judgment debtor  is concerned DHR has to specifically inform to the court whether his LRs if any  are available.
    Adjd. to 8.11.2019 for further compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Adv. Amit Shatree for DHR present.
    Affidavit of further compliance filed by adv. for DHR. t.o.r.
    Adjourned to 10.12.2019 for direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: Adv. Amit Shatree for DHR present.
    Representative of court receiver MR. Dhusane present.
    Adv. for plaintiff submitted that matter before Hon\''ble Hight Court is on 3.01.2020 and sought adjournment.
    Adjourned to 17.01.2020 for direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Adv. Amit Shastri for decree holder present.
    Decree Holder present.
    He submitted that 1st appeal before Hon\''ble High Court is listed on 20.01.2020.
    And requested to adjourned the matter beyond 20.01.2020.
    Adjourned to 6.02.2020 for direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Adv Amit Shatri for DHR present.
    He submitted that first appeal is pending before Hon\''ble High Court.  Hence, seeks for adjournment.
    Matter stands Adj for directions to 09/03/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Adv Amit Shashtri for DHR present.
    He filed on record copy of status report of Hon\''ble High Court where first appeal is pending and fixed on 30/03/2020.  He seeks adjournment.
    Matter stands Adj for directions to 03/04/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 06-05-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 06-05-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 28-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 28-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: National Lockdown
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    Business: National Lockdown
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    Business: National Lockdown
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: Adv. Amit Shastri for Decree Holder present.
    Matter stands Adj for Direction to 17.02.2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-02-2021
    
    Date: 05-01-2021
    Business: Adv. Amit Shastri for Decree Holder present.
    Matter stands Adj for Direction to 17.02.2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-02-2021
    
    Date: 05-01-2021
    Business: Adv. Amit Shastri for Decree Holder present.
    Matter stands Adj for Direction to 17.02.2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Adv Amit Shastri for DHR present.
    Mr. V. S. Pomondikar, Asst Section Officer, Court Receiver, High Court, Bombay present.
    Adv of DHR filed affidavit @ orders of Hon\''ble High Court in first appeal by the JDR. t.o.r.
    Court receiver seeks one month time for statement of accounts.
    Further order will be pass on Execution Application after statement of account of Court Receiver.
    Matter stands Adj for Compliance to 31/03/2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Adv Amit Shastri for DHR present.
    Sachin Dusane, representative (Clerk) of Court Receiver present.
    He filed final statement of account in SC Suit No. 7139/2006 (HC 2908/2006). t.o.r.
    Heard Adv for DHR and Court Receiver.
    Matter stands Adj for Order to 17/04/2021.
    Next Purpose: ORDER
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: As Holiday declared as per office order 73/2021. Due to covid matter adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 30-04-2021
    
    Date: 17-04-2021
    Business: As Holiday declared as per office order 73/2021. Due to covid matter adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 30-04-2021
    
    Date: 17-04-2021
    Business: As Holiday declared as per office order 73/2021. Due to covid matter adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Business: Due to Covid-19 want of time matter adjd to 09.06.2021
    Next Purpose: ORDER
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Business: Due to covid matter is adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 18-06-2021
    
    Date: 09-06-2021
    Business: Due to covid matter is adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 18-06-2021
    
    Date: 09-06-2021
    Business: Due to covid matter is adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: Adv. Mr. Amit Shastri for Decree Holder present.
    Court Receiver - Sachin Dusane present.
    As regular steno is absent, adjd. to 24-06-2021 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: Adv. Amit Shastri for the Decree Holder present.
    Sachin Dusane, Clerk/Representative of the Court Receiver present.
    ORDER
    1) Execution Application No.476/2015 is allowed with following directions:-
    a) The Court Receiver shall pay Rs.2,29,656/- i.e. interest received on the amount of royalty invested to the plaintiff/DHR,
    b) The Court Receiver shall also pay balance payable amount of royalty of Rs.78,978/- to the plaintiff/DHR &
    c) The Court Receiver shall hand over physical possession of the suit premises to the plaintiff/DHR.
    2) Chamber Summons No. 1836/2016 & Notice of Motion No.3556/2019 stands disposed off accordingly.
    3) Court Receiver stands discharged after above compliance.
    4) Execution Application No.476/2015 is disposed off.
    Nature Of Disposal: ALLOWED
    Disposal Date: 24-06-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 110106/2019
    Filing Date: 23-09-2019
    First Hearing Date: 09th October 2019
    Decision Date: 24th June 2021
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    24 Jun 2021
    Order Details: Other
    Pdf Text: -- 1 of 2 --
    24.06.2021 CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
    (C. R. No. 2)
    Exe. Appln.
    No.476/15 in
    suit No.7139/06
    Adv. Amit Shastri for the Decree Holder present.
    Sachin Dusane, Clerk/Representative of the Court Receiver
    present.
    ORDER
    1) Execution Application No.476/2015 is allowed with
    following directions:
    a) The Court Receiver shall pay Rs.2,29,656/ i.e. interest
    received on the amount of royalty invested to the
    plaintiff/DHR,
    b) The Court Receiver shall also pay balance payable amount
    of royalty of Rs.78,978/ to the plaintiff/DHR &
    c) The Court Receiver shall hand over physical possession of
    the suit premises to the plaintiff/DHR.
    2) Chamber Summons No. 1836/2016 & Notice of Motion
    No.3556/2019 stands disposed off accordingly.
    3) Court Receiver stands discharged after above compliance.
    4) Execution Application No.476/2015 is disposed off.
    Judge
    -- 2 of 2 --

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