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EXECUTION APPLN

M/s Sagar PolymersVsRiverside Industries Ltd.

CNR MHCC01013695201813-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--COMPROMISE
Decision Date: 30th January 2020

TrustJury record updated 15 Sept 2026

Case Overview

Registration Number
100536/2018
Registration Date
29 Oct 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant

    Case History / Proceedings

    Case History
    Date: 26-11-2018
    Business: Mr. Mukesh Pabari I/b Pabari Legal Asso., Advocate for Plaintiff, present.  On request of Mr. Pabari, issue notice before execution, returnable on 13/12/2018.  On request of Mr. Pabari short service by HAMDAST allowed.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-12-2018
    
    Date: 13-12-2018
    Business: Shri. Mukesh Pabari, Advocate for plaintiff present. On request of Shri Pabari, for completing service adjourned to 05/01/2019, by extending the returnable date of notice.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-01-2019
    
    Date: 05-01-2019
    Business: Miss. Riddhi Gadda, Advocate for plaintiff present. Exe. Application marked as Exh. A (Colly). Ms. Gadda has tendered packet containing notice sent by R.P.A.D., which has been returned by postal authorities with remark left, taken on record and marked as Exh. B. Application tendered by Ms. Gadda, for amending the notice, taken on record and marked as Exh. C. On perusal of application it is seen that the application is incomplete, however, if she makes proper application before the adjourned date, the amendment be carried out in accordance with the application as may be filed and to issue notice on amended addresses, returnable on 13/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: Miss. Riddhi Gadda, advocate for plaintiff present. Ms. Gadda, has tendered application for amendment in exe.application and for issue of notice on amended address, taken on record and marked as Exh.D. Upon perusing the application and upon hearing Ms. Gadda, amendment application allowed. Amendment be carried out within two weeks and notice on amended address is made returnable on 19/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Miss Riddhi Gadda, advocate for plaintiff present. Shri. Gadda has tendered application for extension of time for amendment, taken on record and marked as Exh.E. Application allowed. Amendment be carried out on or before next date and notice on amendment be issued returnable on 26/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-04-2019
    
    Date: 26-04-2019
    Business: Shri. Niraj Bhagat, advocate for the Plaintiff present.  Shri. Bhagat, has tendered application for issue of fresh notice on amended address of the defendant, taken on record and marked as Exh. F. Hence, issue fresh notice as prayed for returnable on 29/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-06-2019
    
    Date: 29-06-2019
    Business: Shri. Mukesh Pabari, advocate for the Plaintiff present. Shri. Pabari has tendered the affidavit of service dt.29/06/2019, proving service against defendant, taken on record and marked as Exh.G. On request of Shri. Pabari, for taking further steps, adjd to,09/07/2019
    Next Purpose: FOR___________________
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: Shri. Mukesh Pabari, advocate for the Plaintiff present.  As Court is on leave, board discharged and adjd to 24/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: Ms. Pooja Dhumal, advocate for the Plaintiff present. Ms. Dhumal prays for issue of warrants of attachment u/o.XXI Rule 43 and 54 of CPC, by making the notice absolute, as the defendant though served neither appeared nor filed any reply. Ms. Dhumal further states that properties sought to be attached belongs to the defendant and free from all the encumbrances. Hence, upon perusing the affidavit of service issue warrant as prayed for, returnable on 27/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Shri. Mukesh Pabari, advocate for the plaintiff present.
    R and P is not before this Court, which has send to the Court No.13, on 19/11/2019 and not received till moment despite intimation sent to the Officials of Court No.13.
    On request of Shri. Pabari, adjd to 29/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: Adv.Ms. Nita Solanki for applicant present.
    Adv. for applicant tendered original Ch/sum 2141/19. t.o.r.
    K.B.
    E.A. 536/18in Sum Suit 4447/07 received today from Registrar Court.
    Adv. for applicant in Ch/sum No.2141/19 present before the court, requested extension of the order passed on 25/11/19. The Execution Application was fixed on 27/11/19 before registrar court on perusal of roznama adv. for DH was present. He was aware that the R and P sent to court room no.13 now the date of fixed 29/11/19. As the E.A. is fixed tomorrow the opportunity will be given to the DH. The request for extension of order will be heard and decided on 29/11/19.
    Next Purpose: HEARING
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: Adv Nita solanki for applicant in ch/sum no.2141/19 present.
    Today also nobody on behalf of DH present.
    The order was passed on 25/11/2019 thereby the further proceeding in respect of attach property of applicant was stayed. The said order is not continued however DH is remain present even after the opportunity is granted. Hence, the further proceeding in respect of attached property for which ch/sum is filed to vacate the attachment order is stayed till further order.
    Adjd to 30/01/2020.
    Next Purpose: HEARING
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Mr. Nagrajan Rao, Authorized person of plaintiff company is present.
    Mr. Viay Mulchandani, Director of defendant is present.
    Adv. Parbhari for DH is present.
    Adv. Jeetendra Mishra for JD is present.
    Adv. Nita Solanki for applicant present.
    Exh- 3 Consent terms. t.o.r. O- Read and recorded.
                         ORDER below Exh- 1
    The representative of DH is present. The consent terms is filed in Chamber summons No. 2141/19. In that DH in para 3 stated that they have received the amount and decree is satisfied. Hence execution proceeding is disposed of as satisfied.
    Nature Of Disposal: COMPROMISE
    Disposal Date: 30-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 113073/2018
    Filing Date: 29-10-2018
    First Hearing Date: 26th November 2018
    Decision Date: 30th January 2020
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    30 Jan 2020
    Order Details: Other
    Order 1
    30 Jan 2020
    Order Details: Other

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