Date: 10-12-2019
Business: Ms. Vaishali Bhial, advocate for the plaintiff present.
On request of Ms. Bhial, issue notice u/o.XXI Rule 22 of CPC, returnable on 17/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Ms. Vaishali Bhikule, advocate for the plaintifff present.
Shri. Madhukar Savalkar, representative of the defendant present.
As Court is on leave, board discharged and adjd to 22/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Ms. Vaishali Bhikule, advocate for the plaintifff present.
Shri. Ghadigaonkar, advocate for the defendant present.
Shri. Madhukar Savalkar, representative of the defendant present.
Exe.application marked as Exh-A(Colly).
Ms. Bhikule has tendered original notice with service report endorsed thereon proving service against defendants, t.o.r. and marked as Exh-B.
Ms. Bhikule has also tendered affidavit of status, t.o.r. and marked as Exh-C.
Shri. Ghadigaonkar has tendered Vakalatnama for defendants, t.o.r and marked as Exh-D.
Shri. Ghadigaonkar states that copy of exe.application has not been served upon him.
Ms. Bhikule undertakes to provide copy of exe.application to advocate for the defendant within short period.
Hence, by consent, for reply of the defendants, adjd to 25/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Ms. Vaishali Bhikule Advocate for Plaintiff present.
As Court is on leave, board discharged and adjourned to 05/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Ms. Vaishali Bhikule Advocate for Plaintiff present.
Shri. Ghadigavkar Advocate for defendant present.
Shri Ghadigavkar has tendered short reply on behalf on Judgment debtor t.o.r., and marked as Exh-E copy of the said reply has been served upon advocate for plaintiff across the Bar.
Shri Ghadigavkar seeks time to file detail reply stating that the proceedings are pending before the Hounrable Punjab and Hariyana High Court.
Hence, by consent adjourned to 11/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Shri. Manmohan Rao, advocate for the plaintiff present.
Shri. Rao states that though the matter is kept for submitting detail reply of the defendant, no reply filed by the defendant.
Hence, Shri. Rao, submit that the matter may be referred to the Honourable Court.
Hence, the matter is hereby submitted to Honourable Court on 16/03/2020.
Office to take steps to assign the matter to the Honourable Court, as per assignment.
Parties and Advocates to appear before the Honourable Court on 16/03/2020, as may be assigned.
Later on Shri. Hemant Ghadigaonkar, advocate for the defendant appeared and he has tendered affidavit in reply on behalf of the respondent judgment debtor, t.o.r. and marked as Exh-F.
Shri. Ghadigaonkar has been informed that, the matter has been submitted to the Honourable Court as per assignment on 16/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Adv. Vaishali Bhihule for DH/plaintiff present.
Adv Ghadigaonkar for JD/ defendant.
KB L.O. at 3.51 pm
Today Ld Adv for defendant/ JD filed one citation of Hon\\\''ble Supreme Court of India report in 2011 DGLS (Soft.) 796 t.o.r.
Ld Adv for JD submits that the JD has challenged the decree passed by the trial court and the first appellate court before the Hon\\\''ble Panjab and Hariyana High Court. The matter is posted on 17-04-2020 before the Hon\\\''ble High Court. He further states that matter be adjourned. On the contrary the Ld Adv for plaintiff/ DH submits that atleast bank account be freezed. The ld Adv for DH states that he doesn\\\''t know how much amount is lying in bank account mentioned in the Execution Application. Perused record. The judgment of the Trial Court i.e. Civil Judge, Jr. Division Panipat is dated 03-07-2015. The judgment of the 1st Appellant Court is dated 24-07-2018. The defendant/ JD failed to obtain stay order from the Hon\\\''ble High Court.
Under such circumstance defendant/JD is directed not to operate and not to withdraw any amount from the bank account of Perfect House Pvt. Ltd. vide Bank Account no. 317901010041048 in Union Bank of India, Mumbai, Samachar Marg, Mumbai. IFSC code UBINO531791 till next date.
Ld Adv for defendant/JD submits that this order be stayed to challenge this order before the Hon\\\''ble High Court. Considering the date of judgment of the Trial Court, 1st Appellant Court and pendency of the matter before Hon\\\''ble High Court, I do not find substance to stay this order. Hence oral request of the defendant is hereby rejected.
Matter adjd for hearing to 05-05-2020 at 2.45 pm.
Next Purpose: HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: Adv. Manmohan Rao for DH/plaintiff present.
Adv. Hemant Ghadigaonkar with Adv. Anwar for JD/Defendants present.
Adv for plff tendered original NM No.1293/2020 alongwith affidavit t.o.r. O-Seen.
Adv for plff tendered service affidavit. t.o.r. O-seen.
Adv. for defendants filed reply to NM No.1293/2020. t.o.r. O-seen.
Copy of the reply is served to the plaintiff\''s advocate today in the court.
By consent of both sides matter is adjourned for hearing on NM No.1293/2020.
Matter adjd for hearing on NM No.1293/2020 on 08/10/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: By Praecipe
Adv Manmohan Rao for plaintiff/ DH present.
Adv Ghadigoankar for defendant/ JD present.
Ld Adv for plff filed draft Chamber Summons along with affidavit t.o.r. Heard Ld adv for plff. Leave granted to register CS. Copy be served to other side.
Copy of CS along with affidavit is served to Advocate of defendant today in the court.
Matter adjd for tendering original registered CS along with affidavit, and CS reply to 02-12-2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv. Vaishali Bhikule for plaintiff/Decree holder present.
Adv.Ghadigaonkar for defendant is present.
Adv for plff tendered registered Chamber Summons No. 597 of 2020 alongwith affidavit. TOR.
Adv for Defendant filed application for Adjournment. TOR Marked as Exh.02. O-Perused application. Heard both sides. Hence time granted till next date to file reply to the C.S No.597/2020.
Matter adjd by consent for filing reply to the C.S No.597/2020 on 15/01/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Adv. Mr. Manmohan Rao along with Adv. Vaishali Bhikule for DH present and filed copy of order of Honble High court of Punjab and Haryana passed in RSA- 6149-18 dt. 13/01/2021
Adv. Hemant Ghadigaonkar for JD present.
Exh- 3 Adv. for JD filed application for seeking order to direct the office to accept bank guarantee of Nationalised Bank
Adv. for JD has filed this application to accept bank guarantee. Adv. for DH has objected on the ground that the Honble High court has directed the cash deposit. To that adv. for JD stated that there is another prayer in application that “or any other form of security as court deem fit”.
The JD has to follow order of Honble High court of Punjab and Haryana in RSA- 6149-18 dt. 13/01/2021 that “the applicants appellants are given another opportunity to comply with the order dated 19.09.2019 and in case, 50 percent of the decretal amount is deposited as security by the applicants- appellants within a fortnight from today, the execution proceedings shall remain stayed.”
The applicant has to comply the above order of Honble High court.
Accordingly application Exh. 3 is disposed of.
Adjd for compliance to 22/01/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: At 12.10 am
Adv. Mr. Manmohan Rao for DH present.
Adv. Mr. Ghadigaonkar for JD present.
Adv. for JD filed an application to accept the demand Draft. O- Allowed to deposit the pay order as per the order of Honble High court dt. 13th January 2021 in CM No. 5278/20-5281/20 in RSA- 6127-2018.
Adv. for DH stated that after depositing the amount in this court the said amount may be transferred to the Honble Punjab and Haryana high court as the amount is to be deposited in RSA filed by the JD.
The pay order is allowed to deposit as per order of Honble Punjab and Haryana High court. In the said order the said amount of security is to be deposited. The RSA is pending before Honble High court therefore JD to comply the same.
Adv. for JD stated that pay order in the name of “The Registrar City Civil Court at Mumbai” is deposited along with the application. The JD is at liberty to withdraw the said pay order.
Adjd for taking steps to 02/03/2021
L. O at 3.15 pm
Adv. for defendant present requested for authenticated copy of roznama.
Authenticated copy of roznama dt. 22.01.2021 be issued to Adv. for JD.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: BY PRECIPE
Adv. Manmohan Rao and Adv. Ms. Bhikule for DH present.
Adv. Ghadigaonkar for JD present.
Adv. for JD filed an application for direction to office to accept the demand draft. O- Persued application. I have gone through the order passed by Honble Punjab nd Haryana High court dt. 03.02.2021. hence JD is allowed to deposit the amount. Nazir to accept pay order, in compliance of the order of Honble Punjab and Haryana High Court.
Adv. for DH filed an application for withdrawal of money deposited by judgment debtor. O- Other side to say
The JD to supply the copy of reply to the application for withdrawal of money by DH in advance.
Already adjd to 02/03/2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv. Mr. Manmohan Rao and Adv. Ms. Vaishali Bhikule for DH present.
Adv. Mr. Ghadigaonkar for J.D. present.
Adv. for JD filed reply on application of withdrawal. t.o.r.
Adjd for hearing to 17/06/2021
Next Purpose: HEARING
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: Both parties and their advocate absent.
Matter adjd for Hrg on 26.07.2021.
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: As PO is busy in dictating Order in ACB Spl. Case No. 10/2016. Hence, Board is discharged. Matter adj. to
Next Purpose: HEARING
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Court is Vacant. Board dicharged.
Next Purpose: HEARING
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Both parties and their advocate absent
Adjd on 07.07.2022 for Hrg
Next Purpose: HEARING
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Matter called out at 2.56 pm
None for plff
None for Defendant
Court busy in hearing other matters.
Matter is adjd on 30.08.2022 for Hrg.
Next Purpose: HEARING
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: By Praecipe
None for plff
Adv Majid Ibji for Defendant JD present
He tendered application to take the matter on today\''s board t.o.r marked as Exh 4
Order- Allowed
Adv for JD tendered draft NM a/w supporting affidavit. Leave is granted to register the NM. Copy be served upon other side.
Matter is adjd on 30.08.2022 for Hrg.
Next Purpose: HEARING
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv for plff DH present
Adv Rizwan Qureshi for defendant JD present
Adv for JD tendered registered NM 3133/22 a/w affidavit t.o.r copy served upon adv for DH.
Matter is adjd on 09.11.2022 for Reply
Next Purpose: REPLY
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Matter called out at 3.23 pm
Adv Komal Patil h/f Manmohan Rao for plff DH present
Adv Majid h/f Hemant Ghadigaonkar for defendant JD present
Adv for DH tendered reply to NM 3133/22 t.o.r copy served upon adv for JD.
The NM No. 1293/2020 is taken out by DH with the prayer to direct defendant to redeposit a sum of Rs. 08,77,834/-. Adv for defendant submits that defendant has deposited the amount in the court vide order dated 11.02.2021. DH to clarify on the said aspect.
Matter is adjd on 08.12.2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Matter called out at 3.06 pm
Adv Manmohan Rao for plff present
Adv Ghadigaonkar for defendant present
Adv for DH submits that amount of Rs. 8,77,834/- is not deposited by the defendant. Adv for defendant also submits that said amount is not redeposited. Adv for defendant further submits that inadvertently submission was made on behalf of defendant that the amount is redeposited. He further prays that the order dated 16.03.2020, whereby the account of the defendant is freezed, be modified in terms of the prayer in NM 3133/22. Adv for plff DH by inviting attention of this court to order dated 13.01.2021 in RSA No. 6149/2018 of the Hon\''ble Punjab and Hariyana High Court has submitted that the matter is stayed. I have gone through the order of Hon\''ble Punjab and Hariyana High Court in RSA No. 6149/2018. The Hon\''ble High Court stayed the execution proceedings subject to JD depositing 50 percent of decreetal amount as security. Defendant JD has complied with that order and has deposited 50 percent of decreetal amount in this court. Therefore, there being stay by Honble High Court on the execution proceedings, this court cannot entertain the prayers of both the parties till the order of stay is in force. Therefore, the matter be listed under the caption of stayed.
Matter is adjd on 03.03.2023 for Stayed
Next Purpose: SUIT STAYED
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: Court is busy in hearing argument in SU 6672/01 @ SU 4056/02, hence board is discharged.
Next Purpose: SUIT STAYED
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Matter called out at 2.52 pm.
Adv. for DH present.
None present for JD.
Adv. for DH tendered printout of case details pertaining to RSA No. 6127/18 and 6149/18 pending before Hon\''ble Punjab and Hariyana High Court and submits that both RSA are dismissed on 23/03/2023. Printout taken on record.
Adv. for DH is requested to intimate next date to advocate for JD.
Matter is adjd on 26-04-2023 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv. Manmohan Rao for DH present and tendered pursis
Adv .Hemant Ghadigaonkar for JD present.
Adv. for DH submits that as per the order of the Hon\''ble Panjab and Hariyana High Court in RSA number 6127/2018 and 6149/2018 dtd. 23/03/2023, DH has sent letter dtd. 25/04/2023 to JD.
Adv. for JD submits that the said letter is still not received by JD and seeks time to take instructions in the matter.
JD t of file reply to Ch/s 597/20 and application dtd. 11/02/2021 filed by DH.
Matter is adjd on 22-06-2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present for plaintiff.
Adv. Ms. Pallabi Chattergiee I/b Hemant Ghadigaonkar for the defendant present.
Later on-
Advocate for DH present. As other side was absent. Matter is kept on tomorrow.
KB for adjournment application. Later on at about 5.35 p.m.
Adv. Mr. Ghadigaonkar for JD present.
He submits that he will argue on next date.
Matter is adj to 23.6.2023 for reply and hearing.
Next Purpose: REPLY
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Advocate for DS and JD present.
Heard both on application for withdrawal dated 11.2.2021.
Kept for order
Ld. Advocate for JD sought time to file reply on CH/s and NM, three weeks time is granted.
Matter is adj to 28.6.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv. Vaishali Bhikul for DH present.
Adv Pallabi Chatterjee for JD present.
F.R.S.R following order is passed on Exh-5.
ORDER
1. Application (Exh.5) is allowed.
2. The plaintiff/Decree Holder is permitted to withdraw an amount of Rs.7,84,725/- with interest if any, accrued till date.
3.The concern clerk of the Court to do needful to pay aforesaid amount to the decree holder/plaintiff.
4. Application (Exh. 5) is disposed off accordingly.
Matter is adj to 14/07/2023 for hearing on C/S and N/M/compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2023
Date: 14-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
R and P not traceable.
Adv.Manmohan Rao for DH present.
Adv.Hemant Ghadigaonkar for JD present. He filed reply on C/S No.597/2020. T.O.R.
Both parties state that matter is likely to be settled.
Matter is adj to 26/07/2023 for settlement/steps.
Next Purpose: SETTLEMENT
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv. Vaishali Bhikul for DH present. She submits that there is no possibility of settlement in the matter.
Adv.Hemant Ghadigaonkar for JD present. He filed application Exh-6 to direct the decree holder to accept an amount of Rs.3,83,307/-. Order-DH to file reply.
Considering submission of the both sides matter is adjourn for argument on both N/M and C/S and to file reply on Exh-6.
Both parties are directed to argue on next date, failure of which necessary order will be passed.
Matter is adj to 04/08/2023 for argument on N/M, C/S and reply on Exh-6
Next Purpose: NM ARGUMENTS
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
NOB TOB matter moved by precipe Adv.for DH (Exh-).
Adv.Manmohan Rao for DH present.
Adv.Hemant Ghadigaonkar for JD present.
By consent of both the parites, matter is adj to 07/08/2023 for argument on N/M, C/S and reply on Exh-6.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv. Vaishali Bhikul for DH present.
Adv.Pallai Chatterjee h/f Adv.Hemant Ghadigaonkar for JD present.
By consent of both the parties, matter is adj to 09/08/2023 for argument on N/M.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Manmohan Rao for DH present.
Adv.Pallai Chatterjee h/f Adv.Hemant Ghadigaonkar for JD present. By consent of both the parties, matter is adj to 23/08/2023 for argument on N/M.
Parties to take note that the lok-adalat is likely to be held on 09/09/2023, hence either party may submit prior to that the matter be kept in lok-adalat if there is possibility of settlement.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Manmohan Rao for DH present.
Adv.Hemant Ghadigaonkar for JD present.
Heard Ld.Adv.for DH. He filed calculation of amount due which is marked as Exh-7.
Adv. for JD not pressed the N/M No.3133/2022 hence disposed off.
Heard Ld.Adv.for JD. He filed calculation of amount due which is marked as Exh-8.
Matter is adj to 02/09/2023 for order on C/S and N/M.
Next Purpose: NM ORDERS
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy hearing of other matters, recording evidence in Civil Case hence, parties are directed to mark their appearance, file necessary application with Sheristedar. Hence, no effective hearing is taken place. Accordingly matter adjourned.
Matter is adj to 04/09/2023 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
Notice of Motion No.1293 of 2020, Chamber Summon No.597 of 2020 and Exh-6 are disposed of.
F.R.S.R.
Dictated and pronounced in open court.
Matter is adj to 30/09/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Manmohan Rao for DH/plaintiff present.
None for JD/defendant.
Matter is adj to 31/10/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Manmohan Rao for DH/plaintiff present.
Adv.Hemant Ghadigaonkar for JD/defendant present.
By consent of both the parties, matter is adj to 07/11/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Manmohan Rao for DH plaintiff present. He submits that matter was fixed on 08/11/2023. Hence, matter is adj to 08/11/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Manmohan Rao for DH plaintiff present.
None for JD.
Matter is adj to 29/11/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Manmohan Rao for DH/plaintiff present.
Adv. P. Chatterjee H/F Hemant Ghadigaonkar for JD/defedant present.
He filed pursis Exh-9 whereby it is inform that the decree is fully satisfied. Judgment debtor has not raised any objection. Hence, Execution Application No.486/2019 is disposed off as fully satisfied.
Nature Of Disposal: OTHER
Disposal Date: 29-11-2023
