Shri Maruti Shankar VairalVsShri Dinesh Mangal Pardhi

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.2.
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.
None present for Judgment Debtor.
Sheriff report is received from the department TOR marked as Exh.06.
The counsel of Decree Holder submitted that the amount is deposited by the garnishee in the Sheriff Office, hence, the proceeding stands removed from the board. R and P be sent to the Execution Department.
Nature Of Disposal: OTHERWISE
Disposal Date: 03-08-2024

Main Case No: SUMMARY CIVIL SUIT/0100474/2018
Main Cnr: MHCC010040482018
Main Filing No: 113080

Registration Number: 100478/2019
Transfer Date: 13-06-2022
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 100478/2019
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Filing Number: 112047/2019
Filing Date: 23-11-2019
First Hearing Date: 05th December 2019
Decision Date: 03rd August 2024
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE