Date: 12-12-2019
Business: Shri. Abhishek Kotulkar, advocate for the plaintiff present.
As Court is on leave, board discharged and adjd to 20/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Shri DSouza I/b Abhishek Kotulkar, Advocate for Plaintiff, present.
Ms. Nisha Sharma, Advocate for Intervenor, present.
Ms. Sharama has tendered Vakalatnama for Applicants/ Obstructionists, t.o.r. and marked as Exh.C.
Shri DSouza has tendered original warrant u/o.XXI Rule 54 of CPC, along with execution report, endorsed thereon, t.o.r. and marked as Exh.D.
Ms. Sharma seeks time to file the reply and to take out appropriate proceedings to which Shri D\''Souza has no objection, as the property is already under attachment.
Hence, by consent, adjd to 10/01/2020.
Later on Shri Prashant Malik, Advocate for Intervenor present.
Next Purpose: FOR___________________
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Shri. Abhishek Kotulkar, advocate for the plaintiff present.
Ms. Nisha Sharma, advocate for the third party present.
Ms. Sharma seeks time to file appropriate application/reply in the matter.
Shri. Kotulkar seeks time to file affidavit in support of issue of warrant of sale.
Hence, by consent, adjd to 13/01/2020.
Later on, Shri. Kotulkar has tendered affidavit for sale of immovable property, t.o.r. and marked as Exh-E.
Next Purpose: FOR___________________
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Shri. Ibrahim Patel, clerk of advocate for the plaintiff present.
Ms. Priyanka Pandey, advocate for the defendant no.02 present.
Ms. Nisha Sharma and Shri. Vaibhav Shah, advocates for the third party present.
As Court is on leave, board discharged and adjd to 10/02/2020.
Later on, Shri. Abhishek Kotulkar, advocate for the plaintiff present.
Next Purpose: FOR___________________
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Shri. Abhishek Kotulkar, advocate for the plaintiff present.
Ms. Priyanbka Pandey, advocate for the defendant present.
Ms. Nisha Sharma, advocate for the third party present.
Ms. Sharma has tendered obstructionist Notice, t.o.r. and marked as Exh-F.
Shri Kotulkar states that advocate for defendant though appeared and undertaken to file vakalatnama for defendant, has till date not filed vakalatnama in the matter.
Shri Kotulkar undertakes to furnish draft of warrant of sale during the course of the day and prays that warrant of sale be issued in the matter, stating the affidavit in support of issue of warrant of sale in already on record.
However, as the third party has already appeared and filed obstructionist Notice, in view of provision of Rule 167 of Bombay City Civil Court Rules, 1948, it will be appropriate to submit the matter to Honourable Court, to which, the advocates present in the Court have no objection.
Hence, the matter is hereby submitted to Honourable Court on 11/02/2020.
Office to take steps to assign the matter to the Honourable Court as per assignment.
Parties and Advocates to appear before the Honourable Court as may assigned on 11/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Adv Abhishek Othurkar for DH.
Adv Priyanka Pandey for JD.
Adv Vaibhav Shah for Obstructionist.
By consent,
Matter Adj for reply 31-03-2020
Next Purpose: REPLY
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Next Purpose: REPLY
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Business: Adv.D\''Souza in person with Adv. Abhishek Kotulkar for Decree holder present.
Adv.Prashant Naik with Adv.Nisha Sharma for J.D.present.
Adv. for Decree holder filed reply to Obstructionist notice
along with affidavit of service.
Today, the decree holder filed reply to the obstruction Petitioner. The adv. for Obstruction Petitioner submitted that one of the Obstruction petitioner has died. Steps in that regard have to be taken by him. Also the adv. for Obstruction Petitioner is in need to inspect documents. The adv. for Decree holder asked him to send a request letter. In this background, the matter is adjd. to 02/12/2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: D\''souza in person with Adv. Abhishek koturkar for DH.
None for JD. None for obstruction petitioner.
LO at 12.30pm
Adv. Nisha Sharma for obstruction petitioner present. She filed draft Ch/s @ affidavit. Leave granted to register. Copy be serve to other side.
Adjd for service to 11-12-2020
Next Purpose: REPLY
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Adv. Prashant malik for obstructionists filed registered Ch/s 652/20 @ affidavit.
Adv. D\''souza in person for DH. He filed reply to Ch/s.
Rejoinder to obstruction notice filed by Adv for obstructionists.
Today, the DH filed reply to the chember summons. The DH raised contention that the Chamber summons is not maintainable on certain preliminary legal objections. However, the obstructionist propose to file the rejoinder. Hence, the matter is adjd for rejoinder. With consent of both the parties next date fixed on 05-01-2021
Next Purpose: REJOINDER
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: DH present in person. Adv. Nisha sharma for obstructionist present. She filed rejoinder to chamber summons.
Adv. Amita for intervener Mrs. Kate Julius Alvares filed Vakalatnama.
Adjd to 16-01-2021 for Ch/s Arguments
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: PO is on leave
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: Adv. D\''souza for DH in person filed reply to obstructionist notice.
Adv. Khanna for intervener/obstructionist.
Adv. For JD filed reply to obstructionist notice.
By consent adjd to 21-04-2021
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: DH in person present.
Adv Sheetal Parmar I/b Adv Amita present for the Intervenor.
Adv Prashant Malik a/w Adv Nisha Malik present for the defendant.
Arguments heard.
Matter is adjd to 06.10.2021 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv Joel Dsouza present for the DH.
Adv Prashant Malik present for the applicant.
Adv Santosh Jadhav I/b Adv Amita Present for the intervenor.
Matter is adjd to 11.10.2021 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv Joel D\''Souza present for DH.
None present for the JD.
KB
LO
Adv Sachin Sonawane present for the JD.
ORDER
1. The Chamber Summons No.652/2020 is allowed.
2.The Obstructionist No.1 is allowed to bring the legal hairs of obstructionist No. 2 on record.
3.The amendment shall be carried out within the stipulated period.
4.The Chamber Summons No.652/2020 is disposed of accordingly.
Matter is adjd to 28.10.2021 for hearing on obstructionist notice.
Next Purpose: NOTICE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv Joel Dsouza in person present for the DH.
None present for the JD.
Ld advocate for the DH present in person. Ld advocate for JD and obstructionist are absent. None present for them. Amendment is not carried out as per the order passed on Ch/s 652/2020.
KB
LO
Adv Prashant Mulik present for the JD
Ld advocate for the obstructionist is present. He submits that he is carrying out the amendment today. Therefore, the matter is adjourned to 11.11.2021 for hearing of both the obstruction notices.
Matter is adjd to 11.11.2021 for hearing of obstruction notices.
Next Purpose: HEARING
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv Misha Sharma present for the obstructionist.
Adv Joek Dsouza in person present.
Ld advocate for the plaintiff is present and he is ready to argue on obstruction petition. Ld advocate for the obstructionist seeks time for the argument as her Sr.advocate is not present. Ld advocate for DH in person place reliance on the case of Special leave Petitions (Civil) Nos.14117-14118 of 2021 Ishwarlal Mali Rathod VS Gopal and Ors. of the Hon\''ble Supreme Court. Were in the Hon\''ble Supreme Court has made certain observation regarding the adjournments sought by the parties/advocates from time to time on various grounds. He further submits that his money is held up for a long period. In the circumstances the argument of the matter is lastly adjourned to 17.11.2021. If the obstructionist fails to argue on that day, the obstruction petition will be decided on merits after hearing the Ld advocate for the DH.
Matter is adjd to 17.11.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv DH present
JD absent.
Prashant Mailk @ Nisha obstructionist No.1
Amar Khana obstructionist No.2
Jovel d/silva for plaintiff.
By consent.
Matter is adjd to 03-12-2021 12.30 pm
Next Purpose: HEARING
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: P.O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: None for JD.
D\''souza in person DH is present.
Adv. Mr. Amar Malik for the obstructionist No.1 is present.
Adv. Amar Khanna for the obstructionist No.2. present.
Adv. Abhishek Kotulkar for the DH is present.
KB at 04.00 p.m.
L.O. at 0.
Adv. Mr. Rajiv Singh a/w Adv. Mr. Pranav Desai i/b Adv. Abhishek Kotulkar for the DH is present.
Adv. Mr. Amar Malik for the obstructionist No.1 is present.
Heard argument of ld. advocate of the obstructionist No.1. from 04.00 p.m. to 05.00 p.m.
Matter is adjd. to 17/12/2021 for further arguments, at 04.00 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: D\''souza in person DH is present.
Adv. Mr. Rajiv Singh a/w Adv. Mr. Pranav Desai i/b Adv. Abhishek Kotulkar for the DH is present.
Adv. Mr. Malik for the obstructionist No.1 is present.
Adv. Amar Khanna for the obstructionist No.2. present.
Adv. Abhishek Kotulkar for the DH is present.
Heard argument of ld. advocate of obstructionist No.2. from 05.00 p.m. to 05.30 p.m.
Parties are directed to file written notes of argument for saving their time as well as the Court.
Matter is adjd. to 05/01/2022 for filing written arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: By precipice.
Adv. Mr. J.D inperson / D.H present.
None for J.D.
Adv. for Decree Holder filed an application for withdraw this execution Application and transferring it to the Principal District and Sessions Judge, North Goa. t.o.r. and marked as Exh.2
Already adjourned to 5.01.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Plaintiff in person is present.
Adv. Malik for the obstructionist No.1 is present.
DH in person has given application for transfer of decree to another Court. The said application is given by DH by taking the matter on board. Today, the obstructionist No.1 said that he wants copy of that application for the reply. Obstructionist No.1 already on record. Therefore, DH to provide copy to obstructionist No.1 for reply.
DH submitted that there is no need to call say of obstructionist, but already obstructionist is enter on record. Therefore, DH to provide copy.
Matter is adjd. to 11/01/2022 for reply on application.
Next Purpose: REPLY
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: DH in person is present and submitted that as per direction of this Court, he has supplied copy of transfer application to obstructionist. But, the obstructionist has not filed reply. Therefore, adjd. to 18/01/2022 for order on transfer application.
L.O. at 03.30 p.m.
Adv. Amita Band for the obstructionist No.2/Kate Julius Alvares is present and filed say. t.o.r.
Matter is already adjd. to 18/01/2022 for order on transfer application.
Next Purpose: ORDER
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Order below application Exh-02, of D.H. dated 22/12/2021. In the application D.H. submitted that he intends to attach Flat No. 701 Rizvi tower the property situated in the State of Goa. He further submitted that he will also take steps against other properties u/o -21 to the satisfaction of money decree. The application was put up for order. But the obstructionist filed reply and submitted that the property attached by this court is in Mumbai first be released from attachment and then allow DH to withdraw decree and got it transfered to Goa. The decree is money decree to the sum of Rs. 60,04,939 with further interest till realization. In the execution application the D.H. No. 5 shown plot no 85 (Mumbai), Flat No. 5 & 6 (Mumbai) property No. 701 (Goa) office at space deal (Goa) for attachment for satisfaction of decree. From record it appear that for satisfaction of money decree the D.H. has attached property i.e. plot No.85 (Mumbai). After attachment obstructionist No.1 & 2 have taken objection for attachment with request to add them parties in the execution application. The court was hearing argument at that time the D.H. has moved the application and requested to transfer decree without mentioning fact whether he wants to proceed with property no. 85 which is already attached.
Two obstructionist have taken objection for attachment yet their right & interest in attached property is to be decided. In such circumstance it would not be proper to transfer decree with attachment of property situated in Mumbai. From application it appears that D.H. wants to take action against property situated at Goa. If this is the fact then certainly the earlier attachment of plot No. 85 will be released from attachment because subject of attachment standing as on, the property in Mumbai. So the D.H. can not transfer decree at Goa. Because certainly it would cause inconvenient to obstructionist to get decided the right of obstructionist as raised by them in the attached property situated in Mumbai. If D.H. wants to continue with the attachment of plot no. 85 then first he would have to wait the rights of obstructionist are decided in the attached property otherwise the attachment property will be released from attachment. The D.H. is at liberty to get the decree transfer at GOA as per rule. Accordingly the application is allowed as observed earlier.
Nature Of Disposal: OTHERWISE
Disposal Date: 18-01-2022