Maruti Shankar VairalVsArun Suresh Gaikwad

Date: 05-12-2019
Business: Ms. Pushpa Goswami, advocate for the plaintiff present.
On request of Ms. Goswami, for taking further steps, adjd to 06/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Business: Shri. Vipul Vairal, Son of Plaintiff present.  Shri. Viral 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 05/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Ms. Pushpa Goswami, Advocate for Plaintiff present.  Ms. Goswami states that warrant u/o.XXI Rule 46 has already been issued in the matter and now 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 30/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Parties and advocate are absent adjourned to 18/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: Ms. Pushpa Goswami advocate for plaintiff present.
On request of Ms.Goswami, for taking instructions, adjourned to 16/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Today being declared holiday, adjourned to 30/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: In view of directions vide Office Order No.120 of 2021, matter adjourned to 06/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: Parties and advocate are absent adjourned to 29/09/2021, by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Shri Vipul Maruti Vairal, son of plaintiff present.
On request of Shri Vairal matter adjourned to 09/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Shri Vipul Vairal, son of plaintiff present.
On request of Shri Vairal, as his advocate is busy elsewhere, matter adjourned to 05/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Ms. Pushpa Goswami, Advocate for plaintiff present.
On request of Ms. Goswami, matter adjourned to 11/03/2022, for taking steps for issue of Garnishee Notice.
Next Purpose: FOR___________________
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Shri Vipul Vairal son of plaintiff present.
On request of Shri Vairal upon instructions from his advocate adjourned to 06/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Ms. Pushpa Goswami advocate for plaintiff present.
None for defendant.
Exe.application marked as Exh.A(Colly.).
Ms. Goswami has tended original warrants u/o.XXI, Rule 46 and 48 of CPC, alongwith service report of bailiff pasted thereon t.o.r and marked as Exh.B and C respectively.
Ms. Goswami prays for issue of garnishee notice and in support thereof she has tendered affidavit of plaintiff t.o.r and marked as Exh.D.
Upon perusing affidavit and upon hearing Ms. Goswami issue garnishee notice as prayed for returnable before the court as may be assigned, on 15/06/2022.
Papers be sent to exe.department for assignment of matters to Honourable Court and for issue of Garnishee Notice.
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: Adv. Pushpa Goswami for D.H. present.
None present for J.D.
Adjd to 04/08/2022 for Service of Garnishee Notice
Next Purpose: GARNISHEE NOTICE
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: As court is vacant
Next Purpose: GARNISHEE NOTICE
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Matter pertains to C.R.No.15
Adv. Goswami for plaintiff/DH present.
None present for defendant/JD.
Exh.02 - Application for extension of date for service of garnishee notice. O-Time extended.
Matter Adjd for report on 15/12/2022.
Next Purpose: REPORT
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: As court is vacant
Next Purpose: REPORT
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: As court is vacant
Next Purpose: REPORT
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Adv.Pushpa Goswami present for D.H., tendered affidavit notice of garnishee.
None present for J.D.
It appears from the record that the registrar has directly issued warrant under order 21 rule 46 without proof of salary, and there after issued under rule 48. In absence of proof of salary certificate, no attachment of salary could be passed. Hence, D.H. to take steps.
Matter stands adjourned to steps on 30-08-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: Sone of DH is present, seeking time. Time is granted.
Matter stands adjourned to 18/10/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: Adv. Pushpa Goswami present for DH/Plaintiff, tendered the documents pertaining to the service of JD TOR marked as Exh.3.
None present for JD/Defendant.
Considering the documents submitted by the DH, Garnishee made absolute.
Matter stands adjourned for compliance on 06-02-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: CORAM :- H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR.84)
Adv. Pushpa Goswami for decreeholder present.
None present for Judgment Debtor present.
Advocate for Decree Holder tendered application for issuance of warrant against the garnishee. TOR. Exh.04.
The record shows that the salary of Judgment Debtor came to be attached a warrant under Order XXI Rule 46 and 48 of Code of Civil Procedure was issued. The notice to the garnishee was served by report dated 09.12.2022, but garnishee did not respond to the notice. The document filed under Exh.3, shows that the Judgment Debtor is serving with the garnishee, drawing the salary, as per the salary certificate annexed.  In consequent to failure to oblige the directions of Court, the garnishee is liable to satisfy the decree as per the provisions of Order XXI Rule 46(b) of Code of Civil Procedure. Hence, issue of warrant of attachment of immovable property against the garnishee under Order XXI Rule 46(b) of Code of Civil Procedure.
Matter stands adjourned to 20.04.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Adv.Pushpa Goswami present for plaintiff, tendered application for issuance of attachment of movable property of garnishee TOR marked as Exh.5.
Heard.
Considering the order in Roznama dated 06-02-2024,  issue warrant of attachment of movable property of garnishee.
None present for defendant.
Matter stands adjourned for compliance on 03-08-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2024

Date: 03-08-2024
Business: Adv. Pushpa Goswami present for Decree Holder, tendered application for service of warrant at given address TOR marked as Exh.6, contending that the garnishee has shifted 6th floor in the same building. O- The bailiff is directed to serve the warrant on new address at 6th floor i.e. in  the same building against the garnishee.
None present for Judgment Debtor.
Sheriff report received from the department TOR marked as Exh.7.
Matter stands adjourned for compliance on 31-08-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: Adv. Pushpa Goswami present for Decree Holder. Seeking extension of time. Time is granted.
None present for Judgment Debtor.
Matter stands adjourned for compliance on 19-10-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: Adv. Pushpa Goswami present for Decree Holder.
Adv. Nisha Patil present for Judgment Debtor, tendered Draft Notice of Motion along with affidavit TOR.
O-Leave granted to register.
Bailiff Report received from department TOR marked as Exh.08.
Matter stands adjourned for Notice of Motion reply on 07-12-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: Adv. Pushpa Goswami present for Decree Holder, tendered application Under Order 21 Rule 64 TOR marked as Exh.09. Heard. As per the report of the bailiff dated 08-10-2024, the movables of garnishee has mentioned in the report came to be attached, but no one appeared for the garnishee to raise the objection on attachment. The Judgment Debtor is still in service with the garnishee. The garnishee did not obey the order of attachment of salary under Order 21 Rule 48 of CPC, even though it is served upon the garnishee on 04-03-2020. Consequently this court has no option, but to proceed further. Hence, issue warrant  under Order 21 Rule 64 of CPC for auction sale.
Adv. Ashok Jain present for Judgment Debtor, tendered original register Notice of Motion No.5131/24 TOR.
Call the Recording and proceeding of Summary Suit No.296/19 from Record Department.
Matter stands adjourned for compliance on 01-02-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2025

Date: 01-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Matter pertains to CR. No.84.
Adv. Pushpa Goswami present for Decree Holder and filed an extenstion application returnable date in sale warrant u/s Order 21  Rule 64 of CPC Taken on record. It is marked as Exh- 10. O- Allowed. Extension is allowed.
She also tendered reply to Notice of Motion No.5131/2024 taken on record.
Copy of reply served upon the Judgment Debtor.
Adv. Ashok Jain present for Judgment Debtor and filed application for cancellation of warrant Taken on record. It is marked as Exh- 11. Say filed by counsel for Decree Hold on the overleaf of Exh.11 O- Perused the application. Heard both the parties. Warrant of auction is issued against the garnishee, application for cancellation of warrant filed by the Judgment Debtor, application is not maintainable, hence, application Exh.10 stands rejected.
Matter is adj to 29-03-2025 for returnable warrant and hearing on Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-02-2025

Date: 05-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Matter pertains to Cr. No.84
Not on board, taken on board.
Decree holder is absent.
Adv. Ashok Jain for judgment debtor is present and filed an application for taking case on today's board. Taken on record. It is marked as Exh-12. O-Allowed.
Counsel for judgment debtor is filed an application for hearing on notice of motion, to set aside order and decree, cancellation of warrant of attachment and auction of Garnishee. Taken on record. It is marked as Exh-13. O-Matter is fixed on 29.03.2025. Advocate for defendant submitted that he has given the notice to the other side for urgent hearing. No report is filed on record about service to the other side. Hence, matter is adjourned on fixed date.
Matter is already adj to 29.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2025

Date: 13-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Matter pertains to CR. No.84
Adv. Ashok Jain for judgment debtor is present and filed an application for taking matter on today's board. Taken on record. It is marked as Exh-14. O-Allowed.  He also filed an application for cancellation of warrant of attachment. Taken on record. It is marked as Exh-15. O-Other side to say.
CA of decree holder and judgment debtor present.
Adv. Pushpa Goswami for decree holder is present and submitted say on overleaf of Exh-15.
Heard counsel for both sides on Exh-15.
Keep back
Later on at 3.27 pm
Adv. Ashok Jain for judgment debtor is present and filed application for withdrawal of the execution application. Taken on record. It is marked as Exh-16.
Adv. Pushpa Goswami for decree holder is present
CA of decree holder and judgment debtor present.
Application at Exh-15 is not pressed by judgment debtor. Hence, filed.
Order below Exh-1
The CA of decree holder along with his counsel  is present. The judgment debtor is present along with his counsel. They have filed consent terms on record at Exh-16. Parties are verified with terms and conditions in consent terms at Exh-16. They have admitted and agreed the contents in the consent terms at Exh-16. It is read and recorded. It appears  that CA of decree holder and judgment debtor have voluntarily agreed to settle the matter.  It is agreed between the parties that CA of decree holder is ready accept an amount of Rs.1,15,000/- towards full and final settlement. CA of Decree holder has received an amount of Rs.65,000/- in cash. Further, Judgment debtor has issued post dated cheques for balance amount of Rs.50,000/-. It is further submitted that till the satisfaction of the decree Execution Application No.477/19 be stayed. Further, Garnishee may be discharged.  Hence, I proceed to pass following order-
Order
1. Execution Application No.477 of 2019 is stayed till 10.10.2025.
2. Pending Notice of motion No.5131/24 is disposed of, in view of consent terms.
3. Pending attachment warrant against Garnishee under Order-21, Rule-43 of CPC is disposed of.
4. Garnishee is discharged, in view of consent terms.
5. Decree holder is directed to inform about encashment of cheque dated 10.10.2025.
Matter is adj to 09.06.2025 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 09-06-2025

Date: 09-06-2025
Business: As court is vacant.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: None present.
Matter stands adjourned to 30-10-2025 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-10-2025

Date: 30-10-2025
Business: P. O. is on Leave. Hence, matter is adjd to.
Next Purpose: SUIT STAYED
Next Hearing Date: 20-12-2025

Date: 20-12-2025
Business: As P. O. is on Leave. Matter is adjd to.
Next Purpose: SUIT STAYED
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: As the court is busy in hearing arguments and dictating judgment in   a Suit 6745/2006 which is over 19 yrs old suit. Hence, rest of the Civil board stands discharged.
Matter stands adjourned to 23.03.2026 for Suit Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: None present.
Surprisingly E.A. has been shown in the caption of suit stayed which is highly impossible and unknown to the law and kept for appropriate order.
Matter stands adjourned to 30-03-2026 for Order.
Next Purpose: ORDER
Next Hearing Date: 30-03-2026

Date: 30-03-2026
Business: None present.
The present  matter is under the caption of order.
Matter stands adjourned to 30-04-2026 for Order.
Next Purpose: ORDER
Next Hearing Date: 30-04-2026

Date: 30-04-2026
Business: The P.O. is on leave for the first session.
Next Purpose: ORDER
Next Hearing Date: 08-07-2026

Date: 08-07-2026
Business: None present.
Matter stands adjourned to 18-07-2026  for order.
Next Purpose: ORDER
Next Hearing Date: 18-07-2026

Date: 18-07-2026
Business: P. O. is on Leave. Hence, matter is adjd to.
Next Purpose: ORDER
Next Hearing Date: 06-08-2026

Date: 06-08-2026
Business: P.O. is on leave. Hence, matter is adjd to.
Next Purpose: ORDER
Next Hearing Date: 12-08-2026

Date: 12-08-2026
Business: None present for respondent.
Matter stands adjourned to 17.09.2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-09-2026

Date: 17-09-2026
Business: None present.
Matter stands adjourned to 30-10-2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-10-2026

Main Case No: SUMMARY CIVIL SUIT/0100296/2019
Main Cnr: MHCC010011882019
Main Filing No: 113080

NOTICE OF MOTION/100914/2020

Registration Number: 100477/2019
Transfer Date: 13-06-2022
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 100477/2019
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Registration Number: 100477/2019
Transfer Date: 29-06-2026
From Court: 84 - COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
To Court: 85 - COURT NO 85 ADDL SESSIONS JUDGE

Filing Number: 112442/2019
Filing Date: 23-11-2019
First Hearing Date: 05th December 2019
Court Number And Judge: 85-COURT NO 85 ADDL SESSIONS JUDGE