Order Details: Notice of Motion Pdf Text: ..1.. Notice of Motion No.4054/2019 MHCC010111452019 IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON NOTICE OF MOTION NO.4054 OF 2019 (CNR NO.MHCC01-011145-2019) IN EXECUTION APPLICATION NO.285 OF 2016 SUMMARY SUIT NO.3752 OF 2013 (DISPOSED OF) M/s. Barmare Timber Traders )...Plaintiff Versus Mr. Sameer Kale )...Defendant Appearance :- Learned Advocate Paras Vira for plaintiff/decreeholder. Learned Advocate Vivek Tripathi for defendant/judgment debtor. CORAM : HIS HONOUR JUDGE SHAIKH AKBAR SHAIKH JAFAR COURT ROOM…
NOTICE OF MOTION
Barmare Timber TradersVsMr. Sameer Kale
CNR MHCC01011145201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 19th August 2024
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 104054/2019
- Registration Date
- 04 Nov 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 19-12-2019 Business: Adv. Vira for plaintiff present. Adv. Vivek Tripathi for defendant present and filed register motion No.4049/19. Plaintiff file reply on NM tor. Matter adjd to 09/03/2020. LO At 03.30 pm. On the request of adv. of JD the matter is taken up though it was already adjd. The learned Adv. Bindu Pandy requested to continue the stay order as granted vide order dated 10/10/2019 as noted in the roznama. The learned Adv. Kiran Ravat on behalf of decree holder resisted to it contending that the condition of depositing the reasonable amount has not been complied with by the JD. As the condition of depositing reasonable amount has not been complied with by judgment debtor, stay cannot be extended. Hence the request to continue the stay is rejected. Matter adjd to 09/03/2020 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 09-03-2020 Date: 09-03-2020 Business: Adv. Paras vira for Plaintiff. Adv. P.S.Singh for defendant. Adjd on the request of defendant for NM Hearing 16-04-2020 Next Purpose: NM FOR HEARING Next Hearing Date: 16-04-2020 Date: 16-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 05-05-2020 Date: 05-05-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 27-05-2020 Date: 27-05-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 06-06-2020 Date: 06-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 24-06-2020 Date: 24-06-2020 Date: 21-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 10-12-2020 Date: 10-12-2020 Business: Adv. Vira for plaintiff None for defendant Adjd to 04-03-2021 Next Purpose: NM FOR HEARING Next Hearing Date: 04-03-2021 Date: 04-03-2021 Business: Adv. Vira for plaintiff Adv. Pandey for defendant Earlier order dtd. 20.12.2019 is continued till next date. Adjd on the request of plaintiff 22-06-2021 Next Purpose: NM FOR HEARING Next Hearing Date: 22-06-2021 Date: 22-06-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 08-11-2021 Date: 08-11-2021 Business: None present. Matter is adjd to 07/01/2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 07-01-2022 Date: 07-01-2022 Business: Adv. Mayur Sonwane h/f Paras Vira for the plaintiff present. Adv Pramod Pandey for defendant. Matter Kept on 3.33 pm L.O. Adv. Mayur Sonwane h/f Vira for the plaintiff present. Adv Pramod Pandey for defendant. Earlier order is continued till next date. By consent, matter is adjd. to 20/01/2022 for NM arguments. Next Purpose: NM ARGUMENTS Next Hearing Date: 20-01-2022 Date: 20-01-2022 Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron). Earlier order if any is continued till next date. Matter is adjd. to 14/02/2022 for NM arguments. Next Purpose: NM ARGUMENTS Next Hearing Date: 14-02-2022 Date: 14-02-2022 Business: None present for plaff. None present for Deft. Matter adjd. to NM arguments to 08/04/2022. Next Purpose: NM ARGUMENTS Next Hearing Date: 08-04-2022 Date: 08-04-2022 Business: None present. Matter is adjd. for NM hearing to 18-07-2022. Next Purpose: NM FOR HEARING Next Hearing Date: 18-07-2022 Date: 18-07-2022 Business: Court is vacant. Next Purpose: NM FOR HEARING Next Hearing Date: 04-10-2022 Date: 04-10-2022 Business: As court is vacant Next Purpose: NM FOR HEARING Next Hearing Date: 02-12-2022 Date: 02-12-2022 Date: 05-12-2022 Business: Matter pertains to C.R.No.15 None present for plaintiff. Adv. Pramod Pandya for defendant/JD present. On the oral request by Ld. Adv. for deft/JD, earlier order if any to continue till next date. Matter Adjd for NM Hearing on 28/02/2023. Next Purpose: NM FOR HEARING Next Hearing Date: 28-02-2023 Date: 28-02-2023 Business: Coram : H.H.J. DR. SHRI. S. D. TAWSHIKAR-C.R. NO. 61. Matter pertains to C.R. 15. None present. Adv. Pramod Pandey for defendant/ JD present. Earlier order, if any, be continue till next date. Matter is adj. to 08.06.2023 for NM Hearing. Matter is adjd. to 08.03.2023 for reply. Next Purpose: NM FOR HEARING Next Hearing Date: 08-06-2023 Date: 08-06-2023 Date: 26-07-2023 Business: Adv. Mittal Veera present for DH Adv. for JD. KB. L.O. at 3.10 pm. Adv. Paras Veera present for Decree Holder. None present for Judgment Debtor KB. L.O. at 3.20 pm. Adv. Vinod Pandey present for Judgment Debtor. He tendered application for allowing him to deposit 25 percent decretal amount in compliance of direction in the roznama dated 04-10-2019. TOR marked as Exh.8. The advocate of Decree holder has raised the objection. The Decree is passed in the year 2015 for amount of Rs.5,91,235/-. The Judgment Debtor was directed to deposit 50 percent decretal amount as per roznama dated 04-10-2019, but he deposited only Rs.1,00,000/-. The order of Roznama 04-10-2019 is not challenged, thus, the Judgment Debtor has to comply the said order. The depositing of amount Rs.1,00,000/- does not amounts that the liability to deposit further amount is waived, hence, the Judgment debtor is directed to deposit the remaining amount of 50 percent from the decretal amount as per order roznama dated 04-10-2019 on or before next date, else the order of 04-10-2019 stands reinforced. Matter stands adjourned for report on 05-09-2023. Next Purpose: REPORT Next Hearing Date: 05-09-2023 Date: 05-09-2023 Business: Adv.Paras Vira present for DH. Adv. Vivek Tripathi present for JD. Kb as per request of JD for depositing amount. L.O. at 3.05 pm. Adv. Mittal Vira present for DH. Adv. Bindu Pandey present for defendant. The counsel of JD for shout permission to deposit the amount of Rs. 2,00,000/- to PLA dept. The DH has no objection, hence, permission granted to deposit of amount today itself. Earlier order, if any, to continue to further order, subject to depositing amount of Rs.2,00,000/- Matter stands adjourned for compliance on 09-10-2023 at 2.45 pm. Next Purpose: REPORT Next Hearing Date: 09-10-2023 Date: 09-10-2023 Business: Adv. Paras Vira present for DH. Adv. Vinduprakash Pandey present for JD Heard counsel of JD on NM No. 4054/19. Put up for further Argument. Earlier order, if any, to continue to further order. By consent matter stands adjourned for compliance 04-12-2023. Next Purpose: COMPLIANCE Next Hearing Date: 04-12-2023 Date: 04-12-2023 Business: None present. KB L.O. at 2.45. Adv. Parash Vira for plaintiff/DH. Adv. Indu Prakash present for defendant/JD. Seeking time. Time is granted. Earlier order, if any, to continue to further order. Matter stands adjourned for compliance on 30-01-2024. Next Purpose: COMPLIANCE Next Hearing Date: 30-01-2024 Date: 30-01-2024 Business: Adv. Paras Vira present for Decree Holder. Adv. Vindu Prakash Pandey i/b Legal Edge LLP present for Judgment Debtor. Heard. The Notice of Motion is filed for setting aside decree passed in Sum. Suit No.3752/13, however, the record is with the record department, which is necessary for deciding the Notice of Motion. Hence, the Record Department is directed to send the recorded proceeding of Sum. Suit No.3752/13 on or before next. Earlier order if any, continue till next date. Matter stands adjourned for Notice of Motion hearing on 19-03-2024 in first session. Next Purpose: NM FOR HEARING Next Hearing Date: 19-03-2024 Date: 19-03-2024 Business: Adv.Paras Vira present for plaintiff. None present for defendant. Kept Back at 1.15 pm. Adv.Paras Vira present for plaintiff. Adv. Vivek Tripathi present for defendant. Seeking time. Time is granted. Matter stands adjourned for Notice of Motion hearing on 06-5-2024. Next Purpose: NM FOR HEARING Next Hearing Date: 06-05-2024 Date: 06-05-2024 Business: Adv.Mittal Vira present for plaintiff. Adv. Shivlakshmi Sharma present for defendant. Kept back. L.O. at 3.00 pm. Adv. Paras Vira present for plaintiff. Adv. Vinduprakash Pandey present for defendant. Heard the counsel of defendant. Matter stands adjourned for further argument on 11-06-2024. Next Purpose: ARGUMENTS Next Hearing Date: 11-06-2024 Date: 11-06-2024 Business: Adv.Roshan Kapadnt h/f Paras Vira for plaintiff. Adv.Shivlaxmi Sharma h/f Binduprakash present for defendant. Seeking time. Time is granted. Matter stands adjourned for Notice of Motion hearing on 23-07-2024. Next Purpose: NM FOR HEARING Next Hearing Date: 23-07-2024 Date: 23-07-2024 Business: Adv. Paras Vira for decreeholder present. Adv. Vivek Tripathi for Judgment debtor present. Kept back. Later on called out at 11.57 p.m. Adv. Paras Vira for decreeholder present. Adv. Vivek Tripathi for Judgment debtor present. He is seeking time for settlement and filing consent terms. Heard both the sides. The adjournment is granted with a condition that judgment debtor will remain present on next date in person. Matter stands adjourned to 19.08.2024 for settlement. Next Purpose: SETTLEMENT Next Hearing Date: 19-08-2024 Date: 19-08-2024 Business: Adv. Paras Vira present for Decree Holder. None present for Judgment Debtor. Kept back L.O. at 2.45 pm Adv. Paras Vira present for Decree Holder. Adv. Vivek Tripathi present for Judgment Debtor, submitted that there is no possibility of settlement, he has communicated the Judgment Debtor remain present today, but he remain absent today. Heard both sides. F.R.S.R. following order is passed on Notice of Motion No.4054/19- Order 1. Notice of Motion No. 4054 of 2019 in Execution Application No.285 of 2016, is hereby dismissed. 2. Notice of Motion is disposed of accordingly. (Order dictated and pronounced in open court) Matter stands adjourned for steps on 21-10-2024. Nature Of Disposal: DISMISSED Disposal Date: 19-08-2024
Additional Case Details
Additional Case Details
Filing Number: 111506/2019 Filing Date: 04-11-2019 First Hearing Date: 19th December 2019 Decision Date: 19th August 2024 Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
Orders
1Final Order 1Full order available
19 Aug 2024
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