Ashok Gosavi Patil and Ors.VsRupji Construction and Ors. +1 more

Date: 22-10-2018
Business: Mr. Prayag Joshi, Advocate for Plaintiff, present. Execution Application marked as Exh.A (colly.).  Mr. Joshi prays for issue of warrant u/o.XXI Rule 54 of CPC as stated in Execution Application, without issue of notice, stating that Execution Application is filed within two years of passing decree. Hence, issue warrant as prayed for returnable on 05/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-01-2019

Date: 05-01-2019
Business: Shri. Prayag Joshi Advocate for plaintiff present. On request of Shri. Joshi, awaiting Sheriff Report, adjourned to 16/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-02-2019

Date: 16-02-2019
Business: Parties and Advocate absent, adjd to  06/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 06-06-2019

Date: 06-06-2019
Business: Parties and Advocate absent, adjd to  03/08/2019.  As nobody is appearing in the matter, issue letter to advocate for plaintiff, to appear before this Court on 03/08/2019, informing that on failure to appear before this Court on next date, matter will be disposed off assuming that the decree has been settled out of court.  Office to issue common letter in E.A.Nos.429 of 2018 and 470 to 480 of 2018 and copy of letter be kept in every matter.
Next Purpose: FOR___________________
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Parties and Advocate absent. As Court is on leave, board discharged and adjd to 26/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Ms. Vikranti Rao, advocate for the Plaintiff present. Ms. Rao has tendered Vakalatnama of Ashwin Ranjane, advocate for the Plaintiff, where upon the plaintiff has endorsed that previous advocate Shri. Prayag Joshi, has been discharged by the Plaintiff, taken on record and marked as Exh.B. Upon perusing the said endorsement on Vakalatnama earlier advocate Shri. Prayag Joshi has been discharged. On request of Ms. Rao, for filing an application for amendment in exe.application, adjd to 31/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 31-08-2019

Date: 31-08-2019
Business: Ms. Vikranti Rao, advocate for the Plaintiff present. Ms. Rao prays for issue of notice before execution against defendant no.1, incorporating therein the facts about the order passed by the Honourable High Court in respect of attachment of properties of the defendant. Hence, issue notice as prayed for, returnable on 09/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Parties and Advocate absent,  adjd to 18/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Shri. Vishal Tiwari, advocate for the Plaintiff present.
Shri. Tiwari has tendered the application for amendment of the address of the defendant no.01, t.o.r. and marked as Exh-C.
Amendment application allowed. Shri. Tiwari also prays that the notice after the amendment be issued.
Hence, amendment be carried out as per rules and notice after the amendment be issued, returnable on 11/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: Ms. Vikranti Rao, advocate for the plaintiff present.
On request of Ms. Rao, for taking instructions in respect of warrant of attachment issued earlier in the matter and for taking further steps, adjd to 03/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: Shri. Ashwin Ranjane, advocate for the plaintiff present.
On request of Shri. Ranjane, for taking further steps, adjd to 25/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Shri. Govind Gupta Advocate for Plaintiff present.
As Court is on leave, board discharged and adjourned to 26/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 08-07-2020

Date: 08-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: Parties and advocate are absent adjourned to 01/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: Shri Ashwin Ranjane advocate for plaintiff present.
On request of Shri Ranjane matter adjourned to 24/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Shri Ashwin Ranjane advocate for plaintiff present.
On request of Shri Ranjane matter adjourned to 05/05/2021, for taking further steps.
Next Purpose: FOR___________________
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 10/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 10-07-2021

Date: 10-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 18/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: Ms.Vibha Bhanat i/b.Ashwin Ranjane, Advocate for Plaintiff present.
On request of Ms.Bhanat matter is adjourned to 24/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Ms. Chandani Gupta i/b Ashwin Ranjane advocate for plaintiff present.
Ms. Gupta seeks adjournment stating that she has no proper instructions about the progress of matter.
Record shows that order for amending the exe.application has not yet been complied since long.
Hence it appears that plaintiff is not interested and therefore matter adjourned for dismissal to 24/01/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 03/03/2022, earlier orders to continue.
Next Purpose: DISMISSAL
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: Shri Ashwi Ranjane, Advocate for Plaintiff present.
Amendment application tendered by Shri Ranjane t.o.r. marked as Exh-D.
Upon hearing Shri Ranjane, amendment application allowed.
Amendment be carried out as per rules and notice U/o.21 Rule 52, after amendment be issued, returnable on 04/04/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: As Court is on leave, board discharged and matter adjourned to 19/04/2022.
Next Purpose: NOTICE
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Shri Ashwin Ranjane, Advocate for Plaintiff present.
On request of Shri Ranjane, for compliance of order dated 03/03/2022, in respect of issuance of notice u/o.XXI, Rule 52 of CPC, matter adjourned to 07/06/2022.
Next Purpose: NOTICE
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Shri Ashwin Ranjane, Advocate for plaintiff present.
None for Defendant.
On request of Shri Ranjane for completing service of notice U/o.XXI, Rule 52 of CPC, adjourned to 19/07/2022.
Next Purpose: NOTICE
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Shri Ashwin Ranjane, Advocate for plaintiff present.
None for Defendant.
Shri Ranjane states that somehow the order of issuance notice U/o.XXI, Rule 52 of CPC, could not be complied and seeks time to comply with the same.  Hence, on request of Shri Ranjane for completing service of notice U/o.XXI, Rule 52 of CPC, adjourned to 25/08/2022.
Next Purpose: NOTICE
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Parties and advocate absent.
It appears that order of issuance of notice U/o.XXI, Rule 52 of CPC has not yet been complied with by the advocate for plaintiff, despite granting adjournments.
Hence, matter adjourned by way of last chance to 18/10/2022, for compliance of the order of issuance of notice, making it clear that on failure to comply with the same matter will be kept for dismissal.
Next Purpose: NOTICE
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Parties and advocate absent.
Record shows that order or issuance of notice U/o.XXI, Rule 52, of CPC has been passed on 03/03/2022, which has not yet been complied with despite granting several adjournments.
On last occasion matter came to be adjourned by way of last chance for the compliance of order of issuance of notice, making it clear that on failure to comply with the same matter will be kept for dismissal.
In view of this, as none appeared today matter adjourned to 30/11/2022, for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: Shri Ashwin Ranjane, Advocate for Plaintiff present.
None for defendant.
Shri Ranjane submits that the department of this Court demanded one order passed by the Honourable High Court for compliance of order in respect of issuance of notice U.o.XXI, Rule 52 of CPC, which was not traceable and as such notice could not be issued till date.
Shri Ranjane further submits that he is now ready with the copy of relevant order and will comply with the order of issuance of notice U.o.XXI, Rule 52 of CPC and requests for adjournment for the said compliance.
Adjournment granted till 03/02/2023, without chance of caption, clarifying that service of notice be completed before next date and service report/Affidavit of service be filed before this Court on next date, failing which matter will be dismissed.
Next Purpose: DISMISSAL
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: Shri Ashwin Ranjane, Advocate for plaintiff present.
Shri Ranjane submits that on account of some inter-se miscommunication in between departmental staff, his clerk and himself, notice ordered to be issued in the matter could not be issued till date.
Shri Ranjane undertakes that he will lodge the notice completed in all respect with the office today itself.
Departmental staff to check the notice forthwith and if any objections therein, it be noted down on the notice and be returned immediately to the advocate for submitting corrected copy, by noting down accordingly on the docket of exe.application in blue ink.
On request of Shri Ranjane for completing service U/o.XXI, Rule 52 of CPC, adjourned to 20/02/2023, without change of caption.
Next Purpose: DISMISSAL
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: Shri Ashwin Ranjane, advocate for plaintiff present.
Shri Ranjane submits that notice U/o.XXI, Rule 52 of CPC has been served upon the private Court Commissioner and he undertakes to file affidavit of service and to inform about the steps taken by the Court Commissioner, before this Court on next date.
Hence, on request of Shri Ranjane, matter adjourned to 17/04/2023, without change of caption.
Next Purpose: DISMISSAL
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Shri Ashwin Ranjane, advocate for plaintiff present.
On request of Shri Ranjane for filing of affidavit of service of notice U/o.XXI, Rule 52 of CPC, matter adjourned to 29/04/2023, by way of last chance, without change of caption.
Next Purpose: DISMISSAL
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Ms. Priyanka Ruptakke, i/b Shri Ashwin Ranjane, Advocate for Plaintiff present.
Ms. Ruptakke has tendered affidavit of service in respect of service of notice U/o.XXI, Rule 52 of CPC in all the thirty Execution applications (429/2018, 470/2018 to 483/2018 and 512/2018 to 526/2018), t.o.r and marked as Exh.E, in Execution application No.473/2018 and copy thereof is kept in the present execution application.
On request of Ms. Ruptakke, matter adjourned to 11/07/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-07-2023

Date: 11-07-2023
Business: Parties and Advocate absent, adjourned to 01/09/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-09-2023

Date: 01-09-2023
Business: Parties and Advocate absent.
Record shows that notice U/o.XXI, Rule 52 of CPC, has been served to the office of Honourable Prothonotary and Senior Master, High Court Bombay by the plaintiff and as none appeared today matter adjourned for dismissal to 19/10/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Ms.Shreya Gharat, Advocate for Plaintiff present.
Ms.Gharat seeks short adjournment to file Vakalatnama of Kulkarni and Associates, Advocates for plaintiff.
Hence, on request of Ms.Gharat, matter adjourned to 21/10/2023, without change of caption.
Next Purpose: DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: Ms.Neha Bachim i/b.Kulkarni and Associates, Advocate for Plaintiff present.
Ms.Bachim tendered Vakalatnama of Kulkarni and Associates, Advocate for Plaintiff, t.o.r. marked as Exh-D.
Ms.Bachim seeks adjournment to take steps and on her request, matter adjourned to 20/12/2023, without change of caption.
Next Purpose: DISMISSAL
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: As Court is on leave, board discharged and matter adjourned to 31/01/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 31-01-2024

Date: 31-01-2024
Business: Ms.Shrushti Malushte, Advocate for Plaintiff present.
None for Defendant.
On request of Ms.Malushte, for filing of an application for amendment, matter adjourned to 16/04/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: As Court is on leave, board discharged and matter adjourned to 25/07/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 25-07-2024

Date: 25-07-2024
Business: Ms. Neha Bachim, advocate for plaintiff present.
Ms. Bachim seeks time to file amendment application/ appropriate steps, stating that one application filed before Court Room No.20, in the matter of Criminal proceedings against the defendants in this execution application is pending and presently adjourned 12/08/2024 and further states that upon passing of the orders on the said application, appropriate steps will be taken in the present matter.
Record shows that despite granting several adjournment no positive steps have been taken and though the matter has already been kept under caption dismissal, considering the earnest request of Ms. Bachim, adjournment is being granted without change of caption.
Matter now adjourned to 30/09/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 30-09-2024

Date: 30-09-2024
Business: Ms. Neha Bachim, advocate for plaintiff present.
Ms. Bachim seeks time to file amendment application/appropriate steps, stating that one application filed before Court Room No.20, in the matter of Criminal proceedings against the defendants in this execution application is still pending and presently adjourned 20/10/2024 and further states that upon passing of the orders on the said application, appropriate steps will be taken in the present matter.
Hence, considering the earnest request of Ms.Bachim, matter now adjourned to 18/12/2024, however, subject to payment of cost of Rs.500/- to the State of Maharashtra, to be paid by Plaintiff, before next date, making it clear that on failure to pay the cost, Execution application will be dismissed.
Next Purpose: DISMISSAL
Next Hearing Date: 18-12-2024

Date: 18-12-2024
Business: As Court is on leave, board discharged and matter adjourned to 11/03/2025.
Next Purpose: DISMISSAL
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: As court is on leave, board discharged, matter adjourned to 09/05/2025.
Next Purpose: DISMISSAL
Next Hearing Date: 09-05-2025

Date: 09-05-2025
Business: Shri. Manish Kukreja i/b Kulkarni and Associates, advocate for plaintiff present.
Shri. Kukreja states that Hon. Designated Judge under MPID Act, City Civil and Sessions Court, CR 20 passed an order wherein it is directed to utilize the amount of Rs. 3,00,00,000/- (Rs. Three Crore) to satisfy the decree of applicant and other investors. For the same Shri. Kukreja seeks adjournment to take proper steps as per above mentioned order and to pay the cost Rs. 500/- imposed on 30/09/2024.
On earnest request of Shri. Kukreja one week time granted to pay the cost of Rs. 500/- as per order dated 30/09/2024.
Matter now adjourned to 31/07/2025 for steps.
Next Purpose: DISMISSAL
Next Hearing Date: 31-07-2025

Date: 31-07-2025
Business: Shri. Manish Kukreja i/b Kulkarni and Associates, advocate for D.H. present.
Ld. Advocate tendered Pursis along with annexure of proportionate amount to be given to applicants and copy of judgment in M.A. 322/2024 t.o.r. and marked as Exh. E.
Amount is not yet transferred from Registrar (S).
Hence matter adjourned to 14/08/2025 for awaiting report.
Next Purpose: REPORT
Next Hearing Date: 14-08-2025

Date: 14-08-2025
Business: Shri. Manish Kukreja i/b Kulkarni and Associates, advocate for D.H. present.
Order dated 31/07/2025 is not yet complied.
Hence matter adjourned to 04/10/2025 for compliance.
Next Purpose: REPORT
Next Hearing Date: 04-10-2025

Date: 04-10-2025
Business: P.O. is on leave.
Next Purpose: REPORT
Next Hearing Date: 08-10-2025

Date: 08-10-2025
Business: Ms. Neha Bachim i/b Kulkarni and Associates, advocate for D.H. present.
Ld. Advocate for D.H. filed application for seeking direction to PLA department to break the F.D. received from Registrar Session, t.o.r. and marked as Exh.F. Application allowed.
PLA department is directed to break the F.D. and distribute the amount as per payment order.
D.H. is directed to submit the calculations of all the D.Hs as per decree to the Office.
Matter adjourned to 16/10/2025 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-10-2025

Date: 16-10-2025
Business: Shri. Manish Kukreja, advocate for D.H. present.
Shri. Arvind Sawant, representative of D.H. present.
Ld. Advocate for D.H. filed common statement of calculation of principal amount along with interest in E.A. 429/2018, E.A. 470 to 483/2018 and E.A. 512 to 526/2018, which is marked as Exh. J in E.A. 429/2018.
Office is directed to verify the statement submitted by Ld. Advocate and issue payment order as per rule.
Matter adjourned to 29/11/2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: Not on Board, taken on Board.
Shri. Manish Kukreja, advocate for D.H. present.
Ld. Advocate orally requested that compensation amount may kindly be considered while issuing payment order, request allowed.
Compensation if any may be considered as per decree.
Matter adjourned to date already given i.e. 29/11/2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-11-2025

Date: 29-11-2025
Business: Shri. Manish Kukreja, advocate for D.H. present.
Ld. Advocate for D.H. filed statement of claim, kept in R and P.
Office to verify the same.
Ld. Advocate praying for one week time to submit revise statement of amount.
Matter adjourned to 08/12/2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-12-2025

Date: 08-12-2025
Business: Shri. Manish Kukreja i/b Kulkarni and Associates, advocate for D.H. present.
Ld. Advocate filed application for disbursement of amount as per list along with application, t.o.r. and marked as Exh. G.
Amount of Fixed Deposit be disbursed as per list.
D.H. is at liberty to apply for the payment.
Matter adjourned to 15/02/2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2026

Date: 15-02-2026
Business: Matter wrongly on board, matter adjourned to 21/02/2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-02-2026

Date: 21-02-2026
Business: Ms. Manish Kukreja I/b Kulkarni and Associates, advocate for D.H. present.
Ld. Advocate for D.H. praying for longer date for compliance.
Matter adjourned to 27/03/2026, for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2026

Date: 27-03-2026
Business: Parties and advocate are absent.
Matter adjourned to 05/05/2026, for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2026

Date: 05-05-2026
Business: Miss.Neha Bacchim alongwith Ms. Manish Kukreja I/b Kulkarni and Associates, advocate for D.H. present.
Ld Advocate praying for time to file Compliance Report.
Matter adjourned to 21/07/2026 for Compliance Report.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-07-2026

Date: 21-07-2026
Business: P.O. is on leave, matter adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2026

Date: 08-09-2026
Business: Shri Manish Kukreja, i/b Kulkarni and Associates, advocate for D.H. present.
Ld advocate for DH praying for time to take proper steps.
Matter adjourned to 23/10/2026, for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-10-2026

Filing Number: 112562/2018
Filing Date: 01-10-2018
First Hearing Date: 22nd October 2018
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI