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Date: 27-01-2020
Business: Ms. Nandini Joshi, advocate for the applicant (original defendant) present.
Present exe.application is filed for recovery of amount of Rs. 35,00,000/- being amount guaranteed under the Bank Guarantee issued by Bank of Baroda, at the instance of plaintiff no.02, Hanil Era Textiles Ltd.
Ms. Joshi states that as certain correspondence relating to the Bank Guarantee has been made by the Registrar, City Civil Court Bombay, the Registrar, City Civil Court Bombay has been made party respondent no.19 to the present exe.application.
It is pointed out to Ms. Joshi that the Registrar is not party to the Suit and no decree is passed against the Registrar, hence, the Registrar should not have been made party to the present proceedings. Further, the adversary ought to have been vigilant to see that the Bank Guarantee is being renewed from the time to time by the party at whose instance the same has been issued.
As such, as the Registrar himself has made party to the present exe.applicaion, it will not be proper of the part of the Registrar to proceed further in the present exe.application.
Ms. Joshi therefore, submits that the matter be referred to the Honourable Court.
Hence, the matter is hereby submitted to the Honourable Court as per assignment on 29/01/2020.
Office to take steps to assign the matter to the Honourable Court .
Parties and Advocates to appear before the Honourable Court on 29/01/2020, as may assigned.
Next Purpose: FOR___________________
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Daily Board,
Adv for defendant Mr.Joshi present.
Issue notice to all the respondents to file reply.
Matte is Adjd for Affidavit of Service to 28.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Adv for Applicant Ms.Joshi present.
Adv for deft no.6 to 18 Mr.Bamne present.
Exh 02 Adv for deft. no.6 to 18 filed VP. T.O.R.
Matter is Adjd for Steps to 08.04.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: National Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-07-2020
Date: 31-07-2020
Business: LOCKDOWN
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rain fall holiday declared on 23.09.2020 hence, matter taken on todays board.
Matter adjd to 16.12.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: P.O. is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: None present for DH.
Adv. Pratik Kadav I/b M/s A.R. Bamne for JD/defendant no.6 to 18 is present.
JD no. 6 to 18 has filed affidavit in reply marked as Exh.3.
Matter adjd for hearing on 13.07.2021.
Next Purpose: HEARING
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: Court is vacant, matter is adjd to 28-09-2021
Next Purpose: HEARING
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 11.57 a.m.
Adv. Vrushali Kabre I/b Harish Joshi for applicant present.
Adv. Nitesh Bamne for Deft. No.6 to 18 present.
He supplied copy of objection to the plaintiff.
Plaintiff seeking time.
Matter stands adjourned to 26.10.2021 for hearing.
Judge
Next Purpose: HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Matter called out at 11.24
Adv. Nilesh Bamne I/b M/s. A. R. Bamne and Company for Deft. no. 6 to 18 present.
Plaintiff seeking time to file rejoinder. Granted.
Matter stands adjourned to 04.12.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Matter called out at 11.20 a.m.
Clerk of plaintiff\''s advocate present. he informed that plaintiff is seeking time to file rejoinder.
Adv. Jagruti Bhise Reg. MAH/8059/2020 I/b M/s. A. R. Bamne and Co. for Deft. No.6 to 8 present.
Matter stands adjourned to 31.01.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Court is on Leave, Hence Board is Discharged.
Next Purpose: HEARING
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Matter called out at 12.25 a.m.
None present for plaintiff.
Adv. Nilesh Bamne I/b M/s. A.R. Bamne for Deft. no. 6 to 18 present.
Plaintiff till date did not file rejoinder. Hence, matter stands adjourned to 24.03.2022 for filing rejoinder by way of last chance.
Later on at 3.00 p.m.
Adv. Nandini Joshi for Deft. No.2 present. She is seeking liberty to file rejoinder. Granted.
Already adjourned to 24.03.2022.
Next Purpose: REJOINDER
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Matter called out at 12.25 p.m.
None present for applicant.
Adv. Nilesh Bamne for Deft. No.6 to 18 present.
It appears that since long, applicant taking time to file rejoinder. Till date, no steps taken. Hence, put up matter for hearing.
Parties can file their written submissions on next date.
Matter stands adjourned to 16.04.2022 for hearing.
Later on at 3.00 p.m.
Adv. Nandini Joshi for applicant present.
Already adjourned to 16.04.2022.
Next Purpose: HEARING
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Court is on Leave.
Next Purpose: HEARING
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. Divya Bamne for Deft. No.6 to 18 present. She tendered written submission. Exh.04.
K.B.
later on called out at 1.00 p.m.
Adv. Joshi for applicant present. She tendered rejoinder to reply. Exh.05.
Copy served to Deft. no.6 to 18.
Adv. Divya Bamne for Deft. no.6 to 18 present.
Matter stands adjourned to 07.10.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Adv. Vrushali Kabre I/b Adv. Joshi for DH present. She is seeking time. Time granted.
Adv. Divya Bamne for JD No.6 to 18 present.
Matter stands adjourned to 05.12.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Adv. Preeti Agarwal I/b Adv. Joshi for DH present. She is seeking time. Time granted.
Adv. Sarika Tambe I/b Adv. Tambe for JD No.6 to 18 present.
Matter stands adjourned to 14.02.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Adv. Nandini Joshi for applicant present.
Adv. Divya Bamne I/b A. R. Bamne and co. for JD No.6 to 18 present.
Heard both the sides.
DH wants to submit written notes of arguments.
Matter stands adjourned on 10.03.2023 for filing Written
Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Preeti Agarwal I/b Harish Joshi and Co. for DH present.
Adv. Salika Kamble I/b A. R. Bamne and Co. for JD present.
Matter stands adjourned on 27.04.2023 for arguments.
Later on at 5.20 p.m.
Adv. Preeti Agarwal I/b Harish Joshi and Co. for DH present. She
tendered written submissions on behalf of applicants
She is directed to serve copy upon other side before next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: Adv. Preeti Agarwal I/b Harish Joshi and Co. for DH present.
Adv. Divya Bamne for JD Nos.6 to 18 present. She tendered citations. TOR.
Matter stands adjourned on 04.07.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: Adv Priti Agarwal for D/H present.
Adv Divya Bamne for respondent no. 6 to 18 present.
Both parties submitted that they have filed written notes of arguments, which be considered for final arguments, however both parties seeks time to argue on case laws.
Matter stands adjourned on 14-08-2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: None for Plaintiff .
Adv. Divya Bamne I/b M/s. A.R. Bamne & Co. for defendant No. 6 to 18 present.
Matter stands adjourned on 03-10-2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Adv Priti Agarwal for D/H present and seeks time for argue on case laws. O- Time granted.
Adv Divya Bamne for respondent no. 6 to 18 present.
Matter stands adjourned on 21-11-2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: None for plaintiff.
Advocate Preeti Agarwal present for Decree holder and seeks time for submission on case law. Order - Time granted.
Advocate Bamne present for respondent nos. 6 to 18.
Matter stands adjourned on 19-12-2023 for case law.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: Advocate Nandini Joshi present for D/H.
Advocate Divya Bamne present for respondent/J/d nos. 6 to 18.
Exhibit 6 Adv for D/h filed reply to judgment of respondent nos. 6 to 18. Taken On Record.
Respondent/J/d nos. 6 to 18 seeks time for submission on Exhibit 6. Order - Time granted.
Matter stands adjourned on 02-02-2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-02-2024
Date: 02-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Nandini Joshi a/w Adv. Preeti Agarwal for plaintiff/DH present.
None for defendant.
The resolution dt.01.02.2024 from Bombay City Civil and Session Court Bar Association, the copy of which is received on official WhatsApp group of this court, the advocates of this Bar have UNANIMOUSLY RESOLVED that they all will ABSTAIN from work on 02-02-2024 and requested for not passing adverse order on non appearance of advocates and parties.
Matter adjourned for arguments to 06-03-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Nandini Joshi for applicant/defendant present.
Adv. Divya Bamne for respondent Nos.6 to 18(not party to the summary suit) present.
Ld counsel for the applicant/ defendant argued partly hence matter is kept for further argument for applicant/defendant.
Matter adjourned for further argument for applicant/defendant to 19-03-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Nandini Joshi a/w Asdv. Preeti Agarwal for DH/plaintiff.
Adv. Divya Bamne i/b M/s A.R. Bamne for JD/defendants No 6 to 18 present.
None for JD/defendants No.1 to 5 and 19.
Heard advocate for DH/plaintiff.
Matter adjourned for argument by defendants No.1 to 5 (P.H.) to 03-04-2024.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Nidhi Agarwal i/b Harish Joshi and Co. for DH/plaintiff present.
None for JD/defendant.
Adv. Divya Bamane i/b M/s A. R. Bamane and Co. for respondent No.6 to 18 present.
None for respondents No. 1 to 5 and 19. Last chance granted to respondents No.1 to 5 and 19 to argue the matter on next date .
Matter adjourned for Argument P.H. to 24-04-2024.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: Court is on leave
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Preeti Agarwal i/b Harish Joashi and Co for DH/ plaintiff present.
Adv. Divya Bamne for JD/defendant Nos.6 to 18 present.
None for defendant Nos.1 to 5 and 19.
Matter adjourned for hearing to 18-09-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-09-2024
Date: 18-09-2024
Business: PO is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for DH/ plaintiff.
Adv. Divya Bamne i/b M/s. A. R. Bamne and Co. for JD/defendants No.6 to 18 is present.
KB. for arguments. LO at 12.30 pm.
Adv. Preeti Agarwal i/b Harish Joshi and Co. for DH/ plaintiff is present and seeks time.
Adv. Divya Bamne i/b M/s. A. R. Bamne and Co. for JD/defendants No.6 to 18 is present and has no objection.
Matter adjourned for final arguments to 26-11-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-11-2024
Date: 26-11-2024
Business: The Court is on Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: Adv. Preeti Agarwal i/b Harish Joshi and Company for DH is present.
Adv. Divya Bamne for respondents No.6 to 18 is present.
None for other JDs.
K.B.
Later on at 12.15 p.m.
Adv. Nandini Joshi i/b Harish Joshi and Company for DH is present.
Adv. Divya Bamne for respondents No.6 to 18 is present.
None for other JDs.
Heard arguments of Adv. Nandini Joshi for DH in part. First session is about to over.
Matter adjourned with consent for further arguments to 13.02.2025.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 13-02-2025
Date: 13-02-2025
Business: Court is on leave
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 19-03-2025
Date: 19-03-2025
Business: Adv. Preeti Agarwal i/b Harish Joshi and Co. for DH is present.
Adv. Divya Bamne for respondents No.6 to 18 is present. She seeks time.
K.B.
Later on at 12.23 p.m.
Adv. Nandini Joshi for DH is present.
Adv. Divya Bamne for respondents No.6 to 18 is present.
Heard remaining arguments of Adv. Nandini Joshi for DH.
Adv. Divya Bamne for respondents No.6 to 18 submits that today she is not keeping well. She seeks time.
Matter adjourned for arguments of respondents No.6 to 18 (P.H.) to 01.04.2025.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 01-04-2025
Date: 01-04-2025
Business: The Court is on leave.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-04-2025
Date: 21-04-2025
Business: None for DH.
Adv. Divya Bamne for respondents No.6 to 18 is present.
K.B.
Later on at 12.53 p.m.
Adv. Nandini Joshi i/b Harish Joshi and Co. for DH is present.
Adv. Divya Bamne for respondents No.6 to 18 is present.
Heard arguments of Adv. Divya Bamne for respondents No.6 to 18 and reply on law point by Adv. Nandini Joshi for DH.
Matter adjourned for order to 29.04.2025.
Next Purpose: ORDER
Next Hearing Date: 29-04-2025
Date: 29-04-2025
Business: Adv. Janavi Khant i/b Harish Joshi and Co. for DH is present.
Adv. Divya Bamne for JD Nos.6 to 18 is present.
None for other JDs.
F.R.S.R. following order is passed below Exh-1.
Order Below Exh.1 in EA No.46-2020
ORDER
1. Respondent No.18 Bank is directed to encash the Bank Guarantee No.0616 I G PER OO 111 4 dated 25.06.2014 which is lying in the custody of Ld. Registrar of this Court and to deposit forthwith said amount of Rs.35,00,000/- with the Registrar of this Court.
2. Upon encashment of the said Bank Guarantee and depositing of an amount of Rs.35,00,000/- by respondent No.18 as aforesaid, the Ld. Registrar of this Court is directed to pay or release said amount of Rs.35,00,000/- to applicant/DH as per Common Order dated 27.09.2016.
3. The modes of execution of Common Order dated 27.09.2016 as mentioned by applicant/DH and as set out in Column No. J on page No.8 of the Execution Application are kept in abeyance until further orders.
4. Inform Ld. Registrar of this Court accordingly about this Order.
Matter adjourned for Compliance to 02.07.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-07-2025
Date: 02-07-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Janavi Khant i/b Adv. Harish Joshi for Decree holder/Applicant is present.
Adv. Divya Bamne i/b M/s A.R. Bamne and Co. is for Respondent No. 6 to 18 present and filed application for return of original Bank guarantee. T.OR. Exh.7.
Order below Exh.1
Perused record, got clarification from the office and it was communicated that the Bank Guarantee amount Rs. 35 Lakhs has been deposited with this court. The Decree Holder has not provided details of its account and therefore the amount could not have been paid to the Decree Holder.
The Decree Holder is directed to provide details of its account along with necessary document to the Registrar of this Court so that in compliance with the order dtd. 29.04.2025 the Registrar can pay or release said amount of Rs.35 Lakhs to the Decree Holder.
As the Bank Guarantee is en-cashed and deposited with the Registrar of this court therefore, Registrar is directed to return the original Bank Guarantee No. 0616 I G PER 00 111 4 dtd 25.06.2014 to the Respondent no. 18.
As the Decree Holder will be getting the amount from the Registrar of this Court. Therefore Decree is fully satisfied. Accordingly Execution Application No. 46/2020 is hereby disposed of.
R and P be sent to Record department.
Nature Of Disposal: OTHER
Disposal Date: 02-07-2025Filing Number: 113652/2019 Filing Date: 10-01-2020 First Hearing Date: 27th January 2020 Decision Date: 02nd July 2025 Court Number And Judge: 61-COURT 61 ADDL SESSIONS JUDGE
Order Details: Other Pdf Text: IN THE COURT OF:COURT 61 ADDL SESSIONS JUDGE Case No.:EXECUTION APPLN/0100046/2020 Sonali Bank Ltd Short Cause Suit No 8794 of 1998 Vs Dena Bank and Anr. Date : 02-07-2025 Business : IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61 Adv. Janavi Khant i/b Adv. Harish Joshi for Decree holder/Applicant is present. Adv. Divya Bamne i/b M/s A.R. Bamne and Co. is for Respondent No. 6 to 18 present…
Order Details: Order below exhibit Pdf Text: OBE 1 E. A. 46/2020 MHCC010136782019 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY, AT BOMBAY ORDER BELOW EXHIBIT 1 IN EXECUTION APPLICATION NO.46/2020 (CNR NO. MHCC010136782019) IN SHORT CAUSE SUIT NO.8794/1998 (HIGH COURT SUIT NO.1351/1998) Sonali Bank Ltd., having its registered office at Motijheet C/s. Dhaka, Bangladesh and Branch Office at 15 Park Street, Calcutta - 700017. … Applicant (Org. Defendant) Versus 1 Dena Bank a Body incorporated constituted under Banking…
Order Details: Order below exhibit Pdf Text: OBE 1 E. A. 46/2020 MHCC010136782019 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY, AT BOMBAY ORDER BELOW EXHIBIT 1 IN EXECUTION APPLICATION NO.46/2020 (CNR NO. MHCC010136782019) IN SHORT CAUSE SUIT NO.8794/1998 (HIGH COURT SUIT NO.1351/1998) Sonali Bank Ltd., having its registered office at Motijheet C/s. Dhaka, Bangladesh and Branch Office at 15 Park Street, Calcutta - 700017. … Applicant (Org. Defendant) Versus 1 Dena Bank a Body incorporated constituted under Banking…
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