Cafe Kismat Restaurant and StoresVsMaharastra Housing and Area Development Authority and Ors.

Date: 05-01-2022
Business: Shri Maaz, advocate for plaintiff present.
On request of Shri Maaz, issue notice U/o.XXI, Rule 22 of CPC against defendant No.2, returnable on 02/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Ms. Indira Labdhe, Advocate for Plaintiff present.
Shri Wasim Shaikh, advocate for defendant presetn.
Exe.application marked as Exh.A(Colly.).
Ms. Labdhe, tendered original notice with bailiff report pasted thereon, t.o.r and marked as Exh.B.
Shri Shaikh, tendered vakalatnama of M/s Pravin Mehta and Mithi and co., advocates for defendant No.2 t.o.r and marked as Exh.C.
Shri Shaikh, seeks time to file reply and by consent, matter adjourned to 28/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Ms. Ajitha A., advocate for plaintiff present.
Shri  Wasim Shaikh, advocate for defendant present.
Shri  Wasim Shaikh seeks time to file reply stating that copy of execution application has not been provided by the advocate for plaintiff despite the communication dated 07/03/2022.
Ms. Ajitha, states that she will furnish the copy of execution application to the advocate for defendant today it self.
Hence, for reply of defendant matter adjourned to 13/04/2022, by way of last chance, making it clear that on failure to file reply on next date plaintiff will be at liberty to take further necessary steps.
Next Purpose: FOR___________________
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Ms. Indira Labde, Advocate for plaintiff present.
Shri Vasim Shaikh advocate for defendant No.2 present.
Shri Sahikh, has tendered limited affidavit in reply of the  defendant t.o.r marked as Exh.D.
Both the advocates seek shorter adjournment stating that they will consider the matter for settlement and By consent matter adjourned to 20/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Shri Maaz, advocate for  plaintiff present.
Shri Wasim shaikh , advocate for defendant No.2 present.
Shri Maaz,has tendered Affidavit in rejoinder of Plaintiff to the affidavit in reply of defendant, t.o.r. marked as Exh-E.
As such, as the matter became contested, by consent of both the advocates, matter is hereby submitted to Honourable Court as per assignment on  28/04/2022.
Office to take steps to assign the matter to Honorable Court.
Parties and Advocates to appear before the Honourable Court, as may be assigned, on 28/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: Adv. Labade for DH present
Adv. Wasim Shaikh for defendant no. 1 present and seeks time for rejoinder.
Matter adjd. for 15-06-2022.
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: Adv. Indira Labde for DH present and
Adv. Wasim Shaikh for defendant no. 2 present and  file rejoinder.
Matter is adjd. to 06-07-2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: Adv. Indira Labde for DH present.
Adv.Wasim Shaikh for JD no.2 present and submitted that there is chances to settle the matter as there is dispute in respect of rent of one month. hence matter be kept for Lok-Adalat.
Adv.Mangal Kadam for defendant/MHADA present.
Matter is adjd. 13-08-2022 for  Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: POA holder of plaintiff present.
Matter is not settled.
Case is already adjourned to 18.08.2022
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Tejas Shah for decreeholder is present and filed application for seeking short date.
As court is busy in recording evidence in suit no. 172/2013 hence board is discharged.
Matter is adjd. to 26.08.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Adv. P. D. Gandhy for DH present.
None JD absent.
Heard the argument of DH. The argument of JD taken to be heard, Hence matter is adjourn for order.
Matter is adjd. to 16.09.2022 for order.
LO at 2.51 pm
Adv. Wasim Shaikh deft.no 2 present and filed application for set aside order dtd. 26.08.2022. TOR. Exh.H.
Matter is already adjd. to 16.09.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. Maaz for DH present and submitted that he received copy of application - Exh.H today hence he is unable to argue today. He will take instruction from client and then argue on next date.
Adv. Wasim Shaikh for defendant No.2 present.
Matter is adjd. to 12.10.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. P.D. Gandhy for DH present.
Adv. Wasim Shaikh for Deft.No.2/JD present.
The DH filed say in the application below exh.4 and he has no objection for hearing of the JD. Therefore, permission granted to JD to argue in this matter on next date.
Matter is adjd. to 18.11.2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: As Court is on leave. Hence, board is discharged and matter adjd. to
Next Purpose: ARGUMENTS
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. P. D. Gandhy for DH present.
Adv. Wasim Shaikh for JD present.
As Court is busy in hearing 40 years old matter i.e in Suit No. 6910/1978 and dictating judgment in Suit no. 650/2018. Hence, board is discharged. By Consent Matter is adjourned to 11.01.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Adv. Aditya Khare for Decree Holder present.
Adv. Wasim Shaikh for Judgment Debtor no. 2 present.
Matter is adjourned to 15.02.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: Adv. Priyank Chudasama h/f Adv. P.D. Gandhy for DH present.
None present for JD.
The DH submitted that JD have to argue first but JD is absent. One more opportunities be given to JD for argument.
Matter is adjourned to 01.03.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: Adv. Maaz for Decree Holder present.
Adv. Wasim Shaikh for Judgment Debtor Nos. 2 present.
By Consent, matter is adjourned to 29.03.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Power of Attorney of Decree Holder present.
Adv. Priyank Chudasama h/f Adv. P. D. Gandhy for Decree Holder present.
Adv. Darshika Patel for JD No. 2 present and submitted that her senior counsel is not present and seeking time. Granted as last chance.
Matter is adjourned to 19.04.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: As Court is busy in dictating order on Exhibit 315 in Suit No. 8699 of 1993. Hence, board is discharged and Matter is adjourned to 12.06.2023 for  Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: Adv. Mr. P.D. Gandhy for the DH is present.
Adv. Mr. Wasim Shaikh for JD No. 02 is present.
By consent the matter, is adjourned for arguments to 05.07.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: Adv. Mr. P.D. Gandhy for the DH is present.
None present for the JD.
KB LO at 12:17 pm.
Adv. Mr. Wasim Shaikh for JD No. 2 is present.
Heard both the sides.
Matter is adjourned to 02.08.2023 for Order/Payment.
Next Purpose: ORDER
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Adv. Mr. P.D. Gandhy for the DH is present.
JD is present. He submitted that four weeks time be granted for making payment to DH. Ld. advocate for DH submitted that he has no objection provided that on next date JD makes payment positively. At the request, of JD matter is adjourned.
Matter is adjourned to 01.09.2023 for order/settlement.
Next Purpose: ORDER
Next Hearing Date: 01-09-2023

Date: 01-09-2023
Business: Adv. Mr. P.D. Gandhy for the DH is present.
None present for the JD.
KB LO at 03:12 pm.
Adv. Mr. Wasim Shaikh for JD No. 2 is present.
it is submitted by ld. advocate DH that today, JD was directed to pay the substantial amount. However, he has failed to do so. hence, necessary order for execution of Decree be passed. As against it is submitted by ld. adv for JD that today, JD has brought Cheque of Rs.15 Lakhs which he is handing over to DH. Thus, JD has shows his bonafieds to pay the amount of Decree. Hence, further time be given to the amount. It is further submitted that JD is not agreeable   to the amount claimed by DH and according to JD the total payable amount is Rs. 77,56,000/-
Considering the rival submissions and the fact that today, JD has given cheque of Rs. 15 Lakhs it would be in the interest of justice to give time to JD to pay the amount.
Today, JD has handed over cheque of Rs. 15 Lakh to DH, which is accepted by DH.
Matter is adjourned to 18.09.2023 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Adv. Mr.P. D.Gandhy for the plaintiff is present.
Adv. Mr. Vashim Shaikh for defendantis present.
It is submitted by ld advocate for DH that argument were advanced in the matter however on the request of JD. Time was granted to pay decretal amount. However out of Rs.1,83,00,000/-, Jd has pay only Rs. 15,00,000/-. Hence Matter be now around for order. It is submitted on behalf of Jd that only amount of Rs. 77,00,000/- is due and out of that JD has paid amount of Rs.15,00,000/- and time be granted for paying amount. Considering the submission Matter is adjourned to 11.10.2023 for Paying amount/Order.
Next Purpose: ORDER
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: Adv. Mr. P.D. Gandhy for the DH is present.
Adv. Mr. Wasim Shaikh for JD No. 2 is present.
It is submitted on behalf of both the parties that JD is going make payment in next week and matter be kept in next week. With consent of both the parties matter is adjourned.
Matter is adjourned to 20.10.2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: DH is presnet.
Adv. Mr. P.D. Gandhy for the DH is present.
JD No. 2 is present.
Adv. Mr. Wasim Shaikh for JD No. 2 is present.
It is submitted on behalf of DH that JD has not paid the amount as submitted by them. Hence, necessary order be passed. As against this it is submitted on behalf of JD that according to JD due amount is Rs. 1,10,00,000/- and he is ready to pay the amount of
Rs. 1,10,00,000/- (Without interest and in installment) to which DH is not agreed and according to DH the total amount due with interest is Rs. 1,58,00,000/-. JD seeks time of two weeks for making necessary arrangement. Hence, matter is adjourned.
Matter is adjourned to 03.11.2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: Adv. Mr. Chudasama h/f Adv. P.D. Gandhy for the DH is present.
Adv. Mr. Wasim Shaikh for JD No. 2 is present.
Adv. for JD No. 2 filed affidavit for payment of rent. Copy is supplied to the other side.
It is submitted by DH that the calculation given by JD in the affidavit is not as per consent terms and DH is not agreeable for the same. Since, JD is not paying amount necessary order be passed against JD.
In view of submissions it transpires that JD is not depositing amount as per consent terms and as per Decree. Though sufficient opportunities has been given. Hence, matter is adjourned for order.
Matter is adjourned to 06.12.2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: Adv. Mr. P.D. Gandhy for the DH is present.
None present for the JD.
As the court is busy in dictating order in Ch/s No. 1884/2023, NM No. 3889/2023 and NM No. 2022. Hence, matter is adjourned.
Matter is adjourned to 07.12.2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: Adv. Mr. Tejas Shah for the DH is present.
None present for the JD.
The following order is passed on Exhibit No. 01:
	Adv. for DH present and submitted that time was granted by this Court to JD to pay the decretal amount, but JD failed to pay the decretal amount. Hence, Court be pleased to pass necessary order of attachment of immovable property of defendant No. 2 under order 21 Rule 54 of CPC, 1908.
	Heard ld. advocate for DH. None present for JD. On perusal of record it reveals that JD has sought time to pay the decretal amount and hence, time was granted. But today, none for JD is present. He also failed to pay the amount due. Hence, it is necessary to attach the immovable property of defendant No. 2 described in clause (J) (a) (i) and (ii) of Execution Application. Hence, I proceed to passed following order:
ORDER
01. The immovable property of JD No. 2 as described in clause (J) (a) (i) and (ii) of Execution Application be attached as per order 21 Rule 54 of CPC, 1908.
02. JD is hereby prohibited from transferring and charging the properties in anyway.
Matter is adjourned to 17.01.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: Adv. Mr.Varma h/f Adv. P.D.Gandhy for the DH is present.
Adv. Ms.Shreya for applicant in Ch/s is present.
Advocate for the applicant tendered registered Ch/s No.63/2024 and registered  Chs No.73/2024 along with affidavit in support. t.o.r. Copy supplied to advocate for DH.
KB LO at  5.08 pm
Adv. Mr.P. D.Gandhy for DH is present.
Advocate for applicant in Ch/s  No. 63/24 insisted for hearing on ad-interim relief and prayed for stay of order of this Court dtd.07.12.2023. Advocate for DH fairly submitted that DH is not going to execute order in respect of the two properties mentioned in Ch/s. In view of submissions, order dtd.07.12.2023 regarding attachment of property Under Order 21, R.54 CPC  is hereby stayed
Matter is adjourned to 31.01.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-01-2024

Date: 31-01-2024
Business: Adv. Mr.Varma h/f Adv. P.D.Gandhy for the Decree Holder is present.
Adv. Ms.Shreya for applicant in Ch/s is present.
Adv. for Decree Holder filed application for withdrawal of Execution Application with liberty to file fresh Execution Application marked at Exh-K.
Order below Exh-1
     Perused application it is submitted that this Honble Court has directed attachment of immovable property Judgment Debtor No.2 under Order 21, Rule 54 of CPC, 1908. Subsequently obstructionists filed Execution Application there in Ch/s No. 63 of 2024 and 73 of 2024 claiming ownership of the property proposed to be attached under said  order. Therefore it is submitted that since, the description of the properties proposed to be attached are erroneous Decree Holder intends to withdraw present Execution Application and seeks liberty to file fresh Execution Application for attachment of property belonging to Judgment Debtor No. 2. Considering the submissions following order is passed.
-Order-
1. Permission granted to withdraw Execution Application with liberty to file fresh Execution Application.
2. Execution Application 408 of 2021 stands disposed of accordingly, as withdrawn.
Pending Ch/s No.63 of 2024 and Ch/s No.73 of 2024 also disposed off  accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 31-01-2024

Main Case No: SUIT/0100407/2019
Main Cnr: MHCC010017152019
Main Filing No: 111447

CHAMBER SUMMONS/100063/2024
CHAMBER SUMMONS/100073/2024

Registration Number: 100408/2021
Transfer Date: 26-04-2022
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 111059/2021
Filing Date: 21-12-2021
First Hearing Date: 05th January 2022
Decision Date: 31st January 2024
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE