Manohar Khandu KalbhorVsMahendra Shankar Pawar

Date: 16-11-2019
Business: Shri. Rajesh Patil, Advocate for Plaintiff present.
On request of Shri Patil, for taking further steps, adjd to 18/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Shri Rajesh Patil, Advocate for Plaintiff present.  Shri Patil prays for issue of Warrant u/o.XXI, Rule 48 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 13/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Shri Rajesh Patil, Advocate for Plaintiff present.
On request of Shri. Patil, for taking instructions, adjd to 20/06/2020.
Next Purpose: FOR___________________
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 24-07-2020

Date: 24-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: Matter was not on board, placed on board by way of praecipe in view of urgency shown.
Today morning on account of power grid failure, travel services in Mumbai disturbed and that might be reason for non appearance of Advocate for plaintiff.  Hence, adjourned till tomorrow i.e. 13/10/2020.
Next Purpose: FOR___________________
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Business: Shri Rajesh Patil, Advocate for Plaintiff present.  Defendant present.
Exe.Application marked as Exh-A (colly).
Praecipe dated 07/10/2020 for taking the matter on board dated 12/10/2020, marked as Exh.B.
Application dated 13/10/2020 tendered by defendant taken on record, marked as Exh.C.
In view of urgency shown, matter taken on board for passing orders.
Shri Patil states that earlier warrant U/o.XXI Rule 48 of CPC was issued in the matter.  However, no salary attachment has been effected and in the meanwhile the defendant has retired from service and he therefore, prays for issue of warrant U/o.XXI, Rule 46 of CPC.
Defendant states that he is ready to pay the amount as stated in application (Exh-C) from the dues payable to him from his employer and prays that directions be given to his employer to remit the amount of Rs.2,30,000 to the office of Sheriff of Mumbai from his dues, so as to satisfy the decree.
Shri Patil agrees for passing of orders accordingly in addition to issue of warrant U/o.XXI Rule 46 of CPC, stating that if the employer of the defendants remits the amount of Rs.2,30,000/- to the office of Sheriff of Mumbai, nothing will survive in the matter and in that event he will raize the warrant U/o.XXI Rule 46.
Hence, issue warrant U/o.XXI, Rule 46 of CPC and the employer of the defendant to remit the amount of Rs.2,30,000/- to the office of Sheriff of Mumbai, from the dues payable to the defendant.  For compliance adjourned to 28/10/2020.
Next Purpose: FOR___________________
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
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Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Parties and advocate are absent adjourned to 27/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Shri Rajesh Patil Advocate for plaintiff present.
On request of Shri Patil adjourned to 06/02/2021 for taking steps.
Next Purpose: FOR___________________
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Shri Rajesh Patil, advocate for plaintiff present. Shri Patil states that as the warrant u/o.XXI Rule 48 in the matter has already been issued, present Execution Application may be disposed off by keeping alive the said warrant till full satisfaction of Decree subject to provisions of Section 60 of CPC and by granting liberty to plaintiff to apply for Registrars Certificate and Payment Order from time to time till full satisfaction of Decree, with further liberty to plaintiff to take out Garnishee Proceedings, if necessary.
In view of this, present Execution Application stands disposed off by keeping alive the warrant U/o.XXI, Rule 48 issued in the matter, till full satisfaction of the decree subject to provisions of Section 60 of CPC, with liberty as prayed for.
Nature Of Disposal: ALLOWED
Disposal Date: 06-02-2021

Main Case No: SUMMARY CIVIL SUIT/0101245/2018
Main Cnr: MHCC010125312018
Main Filing No: 113080

Filing Number: 111661/2019
Filing Date: 05-11-2019
First Hearing Date: 16th November 2019
Decision Date: 06th February 2021
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI