Mr. Nitin Amrutlal kakaiyaVsMr. Bhavesh R. Shah

Date: 03-01-2020
Business: Shri. S.K. Choudhari, advocate for the plaintiff present.
On request of Shri. Choudhari, for taking further steps, adjd to 04/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: Shri. S.K. Choudhari, Advocate for plaintiff present. Shri. Choudhari prays for issue of warrants u/o XXI Rule 46 and 54 of CPC, without issue of notice stating that the Exe. Application is filed within two years of passing Decree. Shri. Choudhari states that the bank account and the demat account is in the name of the defendant and the immovable properties the sought to be attached is free from all the encumbrances and belongs to defendant. In view of this issue warrants as prayed for, returnable on 07/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: Shri Surendra K. Chouhan, Advocate for Plaintiff present.
Shri Chouhan states that report of execution of warrant of attachment u/o.XXI, Rule 54 is awaited and seeks time to execute warrant U/o.XXI Rule 46 of CPC.
Hence, on request of Shri Chouhan, adjourned to 15/02/2021, by extending the returnable date of warrant U/o.XXI, Rule 46 of CPC.
Next Purpose: FOR___________________
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Shri Surendra Choudhari advocate for plaintiff present.
Exe.Application marked as Exh-A (Colly).
Shri Choudhari has tendered Sheriff Report bearing No.KKN/A-77638/136/2021 dated 28/01/2021 annexing therewith original warrant, in respect of execution of warrant of attachment U/o.XXI Rule 54 of CPC, taken on record, marked as Exh-B (Colly).
Shri Chaudhari states that the warrants u/o. XXI, Rule 46, of CPC, lodged by him with the office of Sheriff of Mumbai, vide letter dated 13/03/2020, have been misplaced in the office of Sheriff of Mumbai.
Shri Chaudhari has tendered copy of his application dated 13/03/2020, kept in R and P.
Shri Chaudhari has also tendered letter dated 01/02/2021 bearing No.W/A/Misplaced/148 of 2021, addressed to him by the Deputy Sheriff of Mumbai, in regard to Misplacement of warrants, t.o.r. and marked as Exh.C.
Hence, Shri Chaudhari prays for the issue of warrants u/o. XXI, Rule 46 of CPC, and seeks time to take further steps for issuance of warrant of sale in respect of properties attached under execution of warrant u/o.XXI, Rule 54 of CPC.
Hence, upon hearing Shri Chaudhari on the basis of letter issued by Deputy Sheriff of Mumbai (Exh-C) issue fresh warrants u/o.XXI, Rule 46 of CPC, returnable of 23/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Shri Surendra Choudhari advocate for plaintiff present.
Shri Pramod Kumbar advocate for Harsh B. Shah son of defendant present.
Shri Kumbar has tendered vakalatnama for Harsh Shah t.o.r and marked as Exh.D.
Shri Kumbar has also tendered affidavit of Harsh Shah stating that the property under attachment does not stand in the name of Bhavesh Shah defendant, t.o.r and marked as Exh.E.
Shri Choudhari prays for extending returnable date of warrants of attachment u./o.XXI, Rule 46 of CPC, and upon hearing Shri Choudhari, returnable date of warrant u./o.XXI, Rule 46 of CPC, is extended to 28/04/2021.
In view of filing of affidavit by Shri Harsh Shah, both the advocates submit that the matter be referred to the Honourable Court for deciding the said issue.
Hence, the matter is hereby submitted to Honournable Court on 28/04/2021.
Office to take steps to assign this matter to the Honourable Court.
Parties and advocates to appear before the Honourable Court as may be assigned, on 28/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: Court is vacant
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Decree holder and his advocate absent.
Judgment debtor and his advocate absent.
Adv Pramod Kumbhar appears for son of Judgment debtor.
Matter adjd for hearing on 15.07.2021.
Next Purpose: HEARING
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: Adv. Surendra Kumar Chaudhari present for Plaintiff.
	None present for JD.
	In view of order dated 15.2.2021 of reissuing warrant under Order  21 Rule  46 of CPC, the office to reissue both the warrants returnable on 9.09.21.
	Matter adj. to 9.9.2021  for hearing.
Next Purpose: HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Adv. Mr. S. K. Choudhary for Decree Holder present.
	Adv. Mr. Pramod Kumbhar for Judgment Debtor present.
	Time granted to the DH to file Affidavit in respect of property attached under the orders of court.  In the meantime re-issue both the warrants Under order 21 R 46 of CPC r/o. 21/10/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: COURT IS VACANT
Next Purpose: COMPLIANCE
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: COMPLIANCE
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv Surendra Chaudhari for DH present
None for Defendant
He tendered affidavit in reply to affidavit dated 23.03.21 filed by son of JD t.o.r.
Advocate for DH further tendered service affidavit alongwith original warrant of attachment t.o.r.
The sealed envelop filed by representative of Central Depository Services (India) Ltd alongwith Exh.F on 21-10-21, is opened on request of advocate for DH.
The Transaction Statement in the envelop is marked as Exh.G.
Matter is adjd on 17/09/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Matter called out at 12.52 pm
Adv Surendra Choudhari for plff DH present
None for defendant JD
There is no stay to the Execution for warrant of attachment.  One Harsh Shah has filed affidavit. However, he is not present today.  DH has liberty to proceed with execution.
Matter is adjd on 15.10.2022 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: Adv S.K. Choudhari for plff DH present.  None for defendant JD
Court is busy in hearing part heard arguments in Suit No. 2769/2011.  Hence, Board is discharged.
Matter is adjd on 07.12.2022 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: Matter called out at 12.18 pm
Adv S.K.Choudhary for plff DH present and tendered application for issuance of warrant of suit t.o.r marked as Exh G
None for defendant
Put up for submissions on consideration.
Matter is adjd on 07.01.2023 for Consideration
Next Purpose: CONSIDERATION
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: Matter called out at
None for plff
None for defendant kept back.
Later on 5.15 p.m.
Adv Choudhari for DH/Plff present.
Heard submission of Advocate for DH on Exe. Appln
Matter is adjd on 21.01.2023 for consideration
Reason For Adjournment: court time is over
Next Purpose: CONSIDERATION
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Adv. Choudhary for decree holder present.
Heard advocate for decree holder. Perused the affidavit dated 23/03/2021 filed by one Harsh Shah and affidavit in reply dtd. 21/07/2022 filed by decree holder. The property sought to be sold out by decree holder in under attachment since 07/03/2020. The depunanat Harsh Shah has not claimed any interest in the property under attachment. No other person has appeared since the date of attachement raising any objection to the attachment or claiming any right title or interest in the property under attachment. In the circumstances the application filed by decree holder for warrant of sale is allowed. The property under attachment be sold to the extent decreetal amount. Matter board department for further compliance.
Matter is adjd on 04-03-2023 for compliance.
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: Adv. Surendrakumar Choudhary for DH present and requests for six weeks time for compliance. O- Granted.
Matter is adjd on 15-04-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: Adv Surendra Kumar Choudhari for DH present and submits that process before commissioner is pending
None for defendant
Matter is adjd on 15.07.2023 for Mediation Report
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
NOB TOB matter moved by precipe Adv.Surendra Kumar Choudhari for DH present (Exh-H)
Adv. for DH seeks extension of returnable date of warrant of sale dated 16/03/2023.   He submits that one year time is required to execute the warrant.  Considering his submission the period of warrant is extended till next date i.e. 15/07/2023.
Matter is already adj to 15/07/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
NOB TOB matter moved by precipe Adv.S.S.Redekar for applicant present (Exh-I).
Adv.S.S.Redekar filed vakalatnama for applicant(Exh-J)
Adv. for applicant He draft Chamber Summons, along with affidavit, to resist if EA 528/19.
Order- Leave is granted to register the Chamber Summons.
Adv.Surendra Kumar Choudhari for DH present.
Draft copy of C/S is served to the applicant.
Matter is adj to 03/07/2023 for reply on C/S.
Next Purpose: C/S REPLY
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.S.S.Redekar for applicant present.  He filed registered C/S No.1131/2023 along with affidavit in support. T.O.R.
Adv.Surendra Kumar Choudhari for DH present.  He filed reply on C/S No.1131/2023 T.O.R
Matter is adj to 21/07/2023 for argument on C/S.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy in hearing/argument and recording evidence in sessions case, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
Adv.Surendra Kumar Choudhari for DH present.
Adv.S.S.Redekar for applicant present.
Matter is adj to 17/10/2023 for argument on C/S.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Surendra Kumar Choudhari for DH/plaintiff present.
Adv.S.S. Redekar for applicant present.
kept back.
Matter called out at 3.48pm
Adv.Surendra Kumar Choudhari for DH/plaintiff present.  He filed written notes of argument T.O.R marked as Exh-K
Adv.S.S. Redekar for applicant present.
Heard both the sides on C/S No.1131/2023.
Matter is adj to 27/10/2023 for order on C/S.
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Surendra Kumar Choudhari for DH/plaintiff present.
Adv.S.S. Redekar for applicant present. He filed office translation of page No.6 and 7 document T.O.R marked as Exh-L.
Kept back for order on C/S.
As court is busy hearing of other matters and dictating order hence matter is adj to 30/10/2023 for order on C/S.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
Matter is adj to 02/11/2023 for order on C/S.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
kept back for order.
As court is busy hearing and dictating order of other matters hence, matter is adj to 03/11/2023 for order on C/S.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
Chamber Summons No.1131 of 2023 is allowed.
Reasons are separately recorded.
Order dictated and pronounced in open court.
Matter is adj to 16/01/2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
Matter is adj to 23/02/2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
Matter is adj to 08/04/2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2024

Date: 08-04-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None present.
Matter is adj to 15/06/2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Surendra Kumar Choudhari for DH/plaintiff present.  He seeks time to take steps.  Granted as a last chance.
None for JD/defendant.
Matter is adj to 17/08/2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: PO IS ON LEAVE.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2024

Date: 25-11-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Surendrakumar Choudhari for DH/plaintiff present.
None for JD/defendant.
Adv. for DH/plaintiff filed application for adjournment sine die till the whereabouts and assets of the judgment debtor become known to the decree holder marked as Exh-M.  Order-Application allowed as prayed for.
Matter is adj to 28/04/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2025

Date: 28-04-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
None present.
Matter is adj to 04/07/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-07-2025

Date: 04-07-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None present.
Matter is adj to 29/07/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2025

Date: 29-07-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None present.
Matter is adj to 20/08/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-08-2025

Date: 20-08-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None for plaintiff.
None for defendant.
Matter is adj to 06/10/2025 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: Court Vacant
Next Purpose: HEARING
Next Hearing Date: 20-11-2025

Date: 20-11-2025
Business: Court is vacant.
Next Purpose: HEARING
Next Hearing Date: 18-12-2025

Date: 18-12-2025
Business: Court is vacant.
Next Purpose: HEARING
Next Hearing Date: 20-03-2026

Date: 20-03-2026
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 02-07-2026

Date: 02-07-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
None present.
Matter is adj to 08/10/2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-10-2026

Main Case No: SUIT/0103724/2013
Main Cnr: MHCC010057942013
Main Filing No: 111447

CHAMBER SUMMONS/101131/2023

Registration Number: 100528/2019
Transfer Date: 07-04-2021
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 20 - COURT 20 ADDL SESSIONS JUDGE

Registration Number: 100528/2019
Transfer Date: 11-06-2021
From Court: 20 - Court 59 ADDL SESSIONS JUDGE
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Filing Number: 113650/2019
Filing Date: 13-12-2019
First Hearing Date: 03rd January 2020
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE