M/s. S. P. Jagdish and CompanyVsStandard Chartered Grindlays Bank and Ors. +3 more

Date: 05-11-2019
Business: Ms. Naina Desai, advocate for the Plaintiff present.
On request of Ms. Desai, issue notice u/o.XXI Rule 22 of CPC, returnable on 03/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Ms. Naina Desai, advocate for the plaintiff present.
Ms. Desai states that notice has been served and seeks time to file affidavit of service, and for taking steps and on her request, adjd to 04/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Ms. Naina Desai, Advocate for plaintiff present.
Exe.application marked as Exh-A(Colly).
Ms. Desai has tendered affidavit of service, proving service against defendant no.04, t.o.r. and marked as Exh-B.
Ms. Desai prays for issue of warrants u/o XXI Rule 43, 46  and 54 of CPC, against defendant no.04 by making the notice absolute as the defendant no.04 though served neither appeared nor filed any reply. Ms. Desai further states that the properties sought to be attached belongs to the defendant no.04 and free from all the encumbrances. Hence, issue warrant as prayed for, against defendant no.04, returnable on 21/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Ms. Naina Desai, advocate for the plaintiff present.
Shri. P.K. Patnayak, advocate for the defendant present.
Shri. Patnayak seeks time to take instructions.
Ms. Desai prays for extension of returnable date of warrants and on her request, returnable date of warrant is extended till 30/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Ms. Naina Desai, advocate for the plaintiff present.
Shri. P.K. Patnayak, advocate for the defendant present.
Shri. Patnayak has tendered Vakalatnama for the the defendant, t.o.r. and marked as Exh-C.
Shri. Patnayak seeks time to file reply and Ms. Desai prays that returnable date of warrants of attachment ordered to be issued on 04/12/2019 be extended till next date.
Hence, by consent, adjd to 14/02/2020, by extending the returnable date of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Ms. Naina Desai advocate for plaintiff present.
Ms. Santoshi Sahu,  representative from the office of Prashant Patnaik, advocate for the defendant present.
Ms. Sahu has tendered adjournment application, t.o.r. and marked as Exh-D.
Considering the adjournment application, by consent, adjd to 17/02/2020, at 3.00p.m.making it clear that, if no reply is filed by the defendant on that date, plaintiff will be at liberty to proceed further in the matter.
Next Purpose: FOR___________________
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Ms. Naina Desai, advocate for the plaintiff present.
Shri. P.K. Patnaik, advocate for the defendant present.
Though, the matter is kept for reply of the defendant, no reply is filed by the defendant and hence, Ms. Desai prays that returnable date of warrants of attachment be extended further.
Hence, on request of Ms. Desai, returnable date of warrants of attachment is extended till 30/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Ms. Akshita Jain Advocate for plaintiff present.
On request of Ms. Jain adjournd to 27/01/2021, by extending returnable date of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Ms. Naina Desai advocate for plaintiff present.
On request of Ms. Desai matter adjourned to 10/03/2021 by extending the returnable date of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Ms. Naina Desai advocate for plaintiff present.
Ms. Santoshi Sahu  representative form the office of advocate for defendant No.4 present.
Ms. Desai has tendered application for issue of fresh warrant of attachment, t.o.r. and marked as Exh.E.
Ms. Sahu has tendered adjournment application t.o.r. and marked as Exh.F.
Upon hearing Ms. Deasi issue fresh warrant as prayed for returnable on 28/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: Miss.Nayana Desai, Advocate for plaintiff present.
On request of Ms.Desai, adjourned to 28/07/2021, by extending the returnable date of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: Ms.Nayna Desai, Advocate for Plaintiff present.
None for Defendant.
Application for amendment and for extension of returnable date of warrant, taken on record, marked as Exh-G.
Upon hearing Ms.Desai, application (Exh-G) allowed.  Amendment in Exe.Application be carried out within a period of 30 days from today and consequential amendment in warrants of attachment be made and amended warrants made returnable on 29/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Ms. Akshita Jain advocate for plaintiff present.
Shri Prashant Panaik advocate for defendant No.4 present.
Sheriff report Bearing No.SGP-BCCW/166/2021, under this office Inward No.9683, date 03/09/2021, regarding execution of warrant of attachment u/o.XXI, Rule 54 of CPC against the defendant No.4, t.o.r and marked as Exh.H.
Shri Patnaik tendered application seeking time for obtaining stay order from the Honourable High Court t.o.r and marked as Exh.I.
Shri also states that he will consider the matter for settlement.
Hence, by consent adjourned to 21/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Ms.Naina Desai, Advocate for Plainitff present.
Shri Prashant Patnaik, Advocate for Defendant No.4 present.
Applicatin for auction/sale of attached premises, tendered by Ms.Desai, t.o.r., marked as Exh-J.
Adjournment Application annexing therewith copy of order dated 05/10/2021 passed by the Honourable High Court in its Civil Appellate Jurisdiction in Interim Application No.2374 of 2020 in First Appeal (St) No.3103 of 2020, tendered by Shri Patnaik, t.o.r., marked as Exh-K (Colly).
Shri Patnaik states that defendant No.4 is ready to abide by the order passed by the Honourable High Court.
In view of the conditional stay order passed by the Honorable High Court, by consent matter adjourned to 26/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Ms. Akshita Jain, Advocate for Plaintiff present.
Ms. Jain states that in pursuance of order passed by the Honourable High Court in First Appeal No.(Stamp No.) 3103/2020, defendant has paid the amount in the office of this Court and as such the exe.application No.392/2019, has been stayed and therefore seeks longs adjournment.
Hence, on request of Ms. Jain matter adjourned to 09/02/2022.
LO
Shri Prashant Kumar Patnaik advocate for defendant appeared and he has been informed about next date.
Next Purpose: FOR___________________
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: In view of Office Order No.22 of 2022, matter adjourned to 27/04/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Ms. Akshita Jain advocate for plaintiff present.
None for defendant.
Matter being High Court stayed, on request of Ms. Jain matter adjourned to 27/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Ms. Anokhi Arora advocate for plaintiff present.
Ms.Arora, seeks longer adjournment stating that stay granted by the Honourable High Court is in force and hence, on request of Ms. Arora, adjourned to 16/11/2022.
Next Purpose: FOR___________________
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Parties and advocate absent adjourned to 18/01/2023.
Next Purpose: FOR___________________
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: Ms. Anokhi Arora, advocate for plaintiff present.
Ms. Saima Khan advocate for defendant present.
Ms.Arora states that it is necessary to verify as to whether the defendant has complied with the conditional stay order passed by the Honourable High Court.
Ms.Khan is unaware about the same.
However, attention of Ms.Arora is invited to the statement of Ms.Jain, Advocate for plaintiff, as recorded in the Roznama dated 26.11.2021, about payment by defendant in pursuance of order passed by the Honourable High Court.
Both the advocates seek time to take instructions and by consent, matter adjourned to 08/02/2023.
Next Purpose: FOR___________________
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Ms.Saima Khan, Advocate for defendant present.
None for plaintiff.
Ms.Khan submits that in compliance of order passed by the Honourable High Court, decretal amount has been deposited in the office of this Court and as such, there is stay to the execution proceeding and prays for longer adjournment.
Hence, adjourned to 15/04/2023.
Next Purpose: FOR___________________
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: Shri Raj Kishor advocate for plaintiff present.
Shri Cotwala advocate for defendant present.
In view of stay granted by the Honourable High Court, by consent, adjourned to 01/07/2023.
Next Purpose: FOR___________________
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: Parties and advocates are absent, matter adjourned to 02/09/2023.
Next Purpose: FOR___________________
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: Ms. Somiya Qureshi, advocate for defendant present.
None for plaintiff.
On request of Ms. Qureshi matter adjourned to 21/10/2023.
Next Purpose: FOR___________________
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: Shri Ronak Sharma, Advocate for Plaintiff present.
Ms.Saima Khan, Advocate for Defendant present.
Both the advocates seek longer adjournment, in view of stay granted by the  Honuorable High Court, stating that on next date they will inform this Court about latest update of appeal.
Hence, on his request, adjourned to 03/01/2024.
Next Purpose: FOR___________________
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: Shri Ronak Sharma, advocate for plaintiff present.
Shri P.K. Patnaik, advocate for defendant present.
Shri Patnaik submits that stay granted by the Honourable High Court, is in force, stating that defendant has already complied with the conditional stay order passed by the Honourable High Court, by depositing the amount in the office of this Court.
Shri Sharma submits advocate for defendant has not placed on record the receipt of amount deposited.
Shri Patnaik seeks adjournment stating that on next date he will produce the copy of receipt of the amount deposited in the office of this court.
Hence, by consent, mater adjourned to 23/01/2024.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: Shri Ronak Sharma, advocate for plaintiff present.
Shri P.K. Patnaik, advocate for defendant present.
Shri Patnaik has tendered application enclosing therewith copy of receipt dated 22/11/2021, in respect of deposit of amount of Rs.16,13,382/-, in the office of this Court, t.o.r and marked as Exh.L(Colly.).
As such the conditional stay order passed by the Honourable High Court has been complied with by the defendant.
Both the advocates seeks adjournment on the ground of settlement and by consent, matter adjourned to 23/02/2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: Shri Ronak Sharma, advocate for plaintiff present.
Ms. Veena Yadav, advocate for defendant No.4 present.
Shri Sharma seeks adjournment stating that the stay has already been granted by Honourable High Court and settlement is in progress, Hence, by consent matter adjourned to 13/03/2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: Shri Udayan Jain, advocate for plaintiff present.
Ms. Veena Yadav, advocate for defendant No.4 present.
Shri Jain submits that in compliance of conditional stay order passed by Honourable High Court, defendant No.4 has deposited the amount in the Honourable High Court Bombay and if the defendant No.4 grants approval for withdrawal of the said amount, nothing will remain in the matter.
Shri Jain submits that he will take appropriate steps and by consent matter adjourned to 12/06/2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: Ms. Asmita Morya, advocate for plaintiff present.
On request of Ms. Morya, on the ground of settlement, matter adjourned to 07/08/2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: Shri Ronak Sharma, advocate for plaintiff present.
On request of Shri Sharma, on the ground of settlement, matter adjourned to 28/08/2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: Shri Ronak Sharma, advocate for plaintiff present.
Shri Sharma, seeks time on the ground of settlement further stating the Stay has been granted by the Honourable High Court and hence, matter adjourned to 16/10/2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: Shri Ronak Sharma, advocate for plaintiff present.
Shri Sharma seeks adjournment on the ground of settlement.
Upon enquiry about his statement recorded in the previous Roznama about the stay granted by the Honourable High Court, he submits that there is no stay.
However, perusal of record shows that conditional stay has been granted by the Honourable Court and upon perusing the copy of stay order, Shri Sharma apologises for making wrong statement.
His apology is accepted, with warning to make proper submissions before the Court.
For the present, on request of Shri Sharma matter adjourned to 13/11/2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: Shri Ronak Sharma, advocate for plaintiff present.
On request of Shri Sharma, on the ground of settlement, matter adjourned to 15/01/2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-01-2025

Date: 15-01-2025
Business: Ms. Aastha Pande, advocate for plaintiff present.
Ms. Pande seeks time on the ground of settlement.
However, on perusal of roznama it is seen that though the adjournment is being sought time and again, till date no settlement is arrived at.
Hence, for further steps matter adjourned by way of last chance to 02/04/2025.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-04-2025

Date: 02-04-2025
Business: Parties and advocate absent matter adjourned to 27/06/2025.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-06-2025

Date: 27-06-2025
Business: Parties and advocate absent.
Parties are directed to take further steps, otherwise matter will be disposed. Matter adjourned to 25/08/2025.
Next Purpose: DIRECTIONS
Next Hearing Date: 25-08-2025

Date: 25-08-2025
Business: Parties and advocate absent matter adjourned to 20/09/2025 by way of last chance for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 20-09-2025

Date: 20-09-2025
Business: Parties and advocate absent.
Despite present matter kept for dismissal none appeared.
Hence matter be put up before Hon. Principal for reassignment.
Matter adjourned to 18/10/2025 for further directions of Hon. Court.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-10-2025

Date: 18-10-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Matter is adj to 17.11.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Decree holder is given last chance to take the steps.
Matter is adj to 29.11.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-11-2025

Date: 29-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties are absent.
Kept back.
Later on at 4.57 pm
Both parties and their advocate are absent.
Decree holder is given last chance to take the steps.
Matter is adj to 18.12.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2025

Date: 18-12-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Decree holder was given last chance to take the steps. Decree holder failed to take steps. Hence, Execution application kept for dismissal order.
Matter is adj to 03.01.2026 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 03-01-2026

Date: 03-01-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 1.30 pm
Both parties and their advocate are absent.
Matter is adj to 07.02.2026 for dismissal order
Next Purpose: DISMISSAL
Next Hearing Date: 07-02-2026

Date: 07-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Plaintiff is given last chance to take steps.
Matter is adj to 21.02.2026 for taking steps/dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-02-2026

Date: 21-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.59 pm
Both parties and their advocate are absent.
Order below Exh-1
Perused record. On perusing record, it appears that matter was pending before Registrar of this court for settlement. AS per roznama dated 15.01.2025, it is recorded that last chance was given to the parties to take the steps. As parties failed to take the steps. Matter was adjourned for dismissal by the Registrar.  On 18.10.2025, this court has received the present proceeding since then neither party appeared. Further, though decree holder was given last chance to take the steps, decree holder failed to take the steps. Hence, no purpose would served by keeping the matter pending. Hence, I proceed to pass following order-
Order
Execution Application No.392 of 2019 is hereby dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-02-2026

Main Case No: SUIT/0108247/2002
Main Cnr: MHCC010064262002
Main Filing No: 111447

Registration Number: 100392/2019
Transfer Date: 20-09-2025
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 81 - COURT 81 ADDL. SESSIONS JUDGE

Filing Number: 110956/2019
Filing Date: 14-10-2019
First Hearing Date: 05th November 2019
Decision Date: 21st February 2026
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE