Final Order 1

Order Details: Notice of Motion
Pdf Text: Order ..1..
MHCC010115722019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.4225 OF 2019
IN
EXECUTION APPLICATION NO.541 OF 2018
IN
O.S.NO. 771/2017 (VIIth Addl. Sr. Civil Judge Vishakhapatnam)
Ashtech (India) Pvt. Ltd., .. Applicant
In the matter between.
Mandapati Bhaskara Raju
S/o Late Narasimha Raju. ...Decree holder.
Versus
Ashtech (India) Pvt. Ltd., ... Judgment Debtor.
Appearance
Adv. Naganath Bhumkar for decree holder.
Adv. Satyashrikant Vutha for judgment debtor/applicant.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(Court No.: 2)
DATED : 27th April, 2022.
ORAL ORDER
Heard advocate for both parties on notice of motion moved on
behalf of judgment debtor/applicant for stay of warrant of attachment
issued by the Registrar vide order dated 01.10.2019.
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Order ..2..
2. Perused the notice of motion alongwith affidavit, affidavit in reply
of the decree holder and proceedings of the case.
3. From the perusal of record and proceedings of the case, it appears
that the plaintiff, Mandapati had filed O.S. No.771/2017 against the
defendant, Ashtech (India) Pvt. Ltd., before the VIIth Additional Senior
Civil Judge, Vishakhapatnam for recovery of sum of Rs.8,97,943/- with
future interest. Said suit was proceeded ex-parte and decreed on
16.07.2018. Defendant was directed to pay the plaintiff a sum of
Rs.8,97,943/- with future interest @ 12% per annum from the date of
filing of the suit till the date of decree and with further interest @ 6%
per annum from the date of decree till the date of realization, on the
principal amount of Rs.8,97,943/- . Defendant was also directed to pay
the plaintiff sum of Rs.21,698/-towards the cost of the suit.
4. Plaintiff had filed Execution Application No.47/2018 before the
VIIth Additional Senior Civil Judge, Vishakhapatnam. Plaintiff had filed
application for transfer of said execution application. Accordingly
decree is transferred to this Court for execution. Plaintiff filed the
present execution application before the Registrar of this Court. On
04.10.2019, Registrar issue warrant of attachment. Accordingly on
16.11.2019, one Dhiraj Mhetre, Consultant of defendant's company
tendered pay order bearing no.423560 dated 16.11.2019 of Standard
Chartered Bank drawn in favour of “Sheriff of Mumbai” for amount of
Rs.10,96,644/- (Rupees Ten Lakhs Ninety Six Thousand Six Hundred
Forty Four Only) towards full and final settlement against the warrant
of attachment. In view of receipt of payment, bailiff and clerk deferred
the execution of warrant of attachment subject to realization of said pay
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order. Copy of report of warrant of attachment signed by the plaintiff,
consultant of defendant and bailiff is filed on record.
5. Dy. Sheriff of Mumbai reported on 27.04.2022 that amount of
said pay order of Rs.10,96,644/- is realized in Execution Application
No.541/2018 in O.S.NO. 771/2017 and said amount is lying with PLA
Account of this office. Decree passed by the VIIth Additional Senior Civil
Judge, Vishakhapatnam in O.S. No. 771/2017 is fully satisfied. Under
the facts and circumstances, this Court by passing separate order
disposed of Execution Application No.541/2018. In view of disposal of
Execution Application No.541/2018, present notice of motion does not
survive. Hence following order.
ORDER
Notice of Motion No.4225 of 2019 is disposed of being
infructuous.
(Sunil T. Soor)
Judge
Date : 27.04.2022 City Civil Court, Gr. Mumbai.
Typed on : 27.04.2022
HHJ signed on : 27.04.2022
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Order ..4..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
27.04.2022, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.2)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
27.04.2022
JUDGMENT/ORDER signed by P.O.
on
27.04.2022
JUDGMENT/ORDER uploaded on 27.04.2022
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