Date: 13-11-2019
Business: Shri. Rajesh Patil, Advocate for Plaintiff present.
On request of Shri. Patil, for taking futher steps, adjd to 14/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Shri. Rajesh Patil, Advocate for Plaintiff present. Shri Patil prays for issue of Warrant u/o.XXI, Rule 46 of CPC, without issue of notice, stating that the Execution Application is filed within two years of passing of Decree. Hence, issue warrant as prayed for, returnable on 17/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Shri. Rajesh Patil, advocate for the plaintiff present.
As Court is on leave, board discharged and adjd to 27/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Shri. Rajesh Patil, advocate for Plaintiff present.
On request of Shri. Patil, for taking instructions, adjd to 30/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Shri. Rajesh Patil, advocate for Plaintiff present.
On request of Shri. Patil, for taking instructions, adjd to 28/02/2020, by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Date: 19-11-2022
Next Purpose: GARNISHEE NOTICE
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv.Balbheem Patil for DH present. He tendered affidavit of service (Exh-2).
It appears that garnishee are served on 08/12/2022.
None appeared JD as well as garnishee.
Matter is adj to 16/02/2023 for hearing on garnishee notice.
Next Purpose: HEARING
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: Adv.Balbheem Patil for DH present.
None for JD.
None for garnishee.
Heard Adv.Patil for DH.
He submits that this court has already issued attachment warrant as per rule 46 of order 21 of CPC thereby directing garnishee to attach the receivables by the JD. He submits that despite the service of said notice no amount is deposited by the garnishee i.e. Medical Superintendent Shatabadi Hospital Govandi, Mumbai. He submits that thereafter he has taken out garnishee notice as per rule 48 and 46 of order 21 of CPC. Despite notice of service garnishee failed to appear before the court and to file reply. Therefore, the garnishee notice be made absolute.
As admittedly order of attached is already served so also garnishee notice is duly served on the Medical Superintendent, Shatabadi Municipal Hospital, I find it just and proper to make garnishee notice make absolute. Garnishee to recover the decretal amount from the receivables due to JD as per the law. Hence, the order-
ORDER
1.Garnishee notice made absolute.
2. Matter removed from board.
Nature Of Disposal: OTHER
Disposal Date: 16-02-2023