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Court Order

Final Order 1

CNR MHCC01011078201916 Feb 2023
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 16 Feb 2023 · CNR MHCC010110782019

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IN THE COURT OF :COURT 61 ASST SESSIONS JUDGE
Case No. :EXECUTION APPLN/0100425/2019
Manohar Khandu Karbal Vs Buddhadas Balu Kadam
Date : 16022023
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 : 16022023
COURT 61 ASST SESSIONS JUDGE
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