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EXECUTION APPLN

National Collateral Management Services Ltd.VsMs. Modern Securities and Personnel Services

CNR MHCC0101500120183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 15 Sept 2026

Case Overview

Registration Number
100575/2018
Registration Date
03 Dec 2018
Next Hearing Date
16 Sept 2026
Case Stage
FILING SAY

Advocates

1

For Petitioner

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: 12-12-2018
    Business: Parties and Advocate absent, adjd to 17/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-12-2018
    
    Date: 17-12-2018
    Business: Mr. Sushant Yadav, Advocate for Plaintiff, present.  Mr. Yadav prays for issue of warrant u/o.XXI Rule 54 of CPC, without issue of notice, stating that E.A. has been filed within 2 years of passing Decree.  Mr. Yadav further states that property sought to be attached belongs to Defendant and free from all the encumbrances.  Hence, issue warrants as prayed for returnable on 16/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: Shri. Kiran Painaik, advocate for the defendant present. Exe.application marked as Exh.A(Colly). Shri. Painaik has tendered Vakalatnama of Shri. P.R. Moses, advocate for the defendant, taken on record and marked as Exh.B. Shri. Painaik, seek time to file reply  stating that copy of exe.application has not been served upon him. Hence, on his request adjd to 26/06/2019. Later on Ms. Sneha Goyal, advocate for the plaintiff appeared and she is informed about the todays business and she undertakes to provide copy of exe.application to advocate for the defendant within short period.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-06-2019
    
    Date: 26-06-2019
    Business: (Dr.) Ms. Sneha Goyal I/b M/s. K. Ashar and Co., Advocate for Plaintiff, present.  Mr. Kiran Painaik h/f P. R. Moses, Advocate for Defendant present.  Affidavit of service dated 03/06/2019, proving service of execution application, tendered by Ms. Goyal, is t.o.r. and marked as Exh.C.  Affidavit of service dated 19/06/2019, proving service of warrant of attachment u/o.XXI Rule 54, tendered by Ms. Goyal, t.o.r. and marked as Exh.D.  Shri Painaik has tendered reply, t.o.r. and marked as Exh.E.  Sheriff report bearing No.VNT/A-/720/2019, dated 16/04/2019, under this office Inward No.5696, dated 30/05/2019, in respect of execution of warrant of attachment, u/o.XXI Rule 54 of C.P.C., t.o.r. and marked as Exh.F.  On request of Ms. Goyal, for filing rejoinder, adjd to 15/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-07-2019
    
    Date: 15-07-2019
    Business: (Dr.) Ms. Sneha Goyal, advocate for the Plaintiff present. Shri. Bhanushali, advocate for the defendant present. Ms. Goyal has tendered rejoinder of plaintiff, taken on record and marked as Exh.G. Copy of the same has been served upon the advocate for the defendant across the bar. As the matter has become contested, on request of advocate for the plaintiff is same is hereby submitted to the Honourable Court, as per assignment on 07/08/2019. Office to take steps to assign this matter to the Honourable Court. Parties and advocates to appear before the Court as may be assigned on 07/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: P.O. is on Training
    Next Purpose: FOR___________________
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: None present.
    Matter is Adjd for Steps to 09.01.2020.
    L.O.
    Adv for plaintiff Mr.Jayesh Shah present.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Adv for DH Mr.Yadav present.
    Adv for DH. stated that deft has filed N/M.
    Matter is Adjd for Steps to 12.02.2020.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Adv for plaintiff Mr.Sushant Yadav present.
    None for the defendant.
    Matter is Adjd for Steps to 04.04.2020.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Business: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: National Lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Business: National Lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: P.O. is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Adv. Sushant Yadav for decree holder is present.
    Adv. P. R. Moses for judgment debtor/deft is present.
    On oral request of Adv. for the decree holder matter adjourned for reply.
    Matter adjd for NM reply on 19.04.2021 at 2.45 p.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 02/08/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Court is vacant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: Adv. Sushant Yadav Reg. No. MAH/702-C/2011 I/b S. K. Ashar and Co. for plaintiff present.
    Adv. Moses for defendnat presnet.
    As court is busy in hearing final arguments in SU No.3002/04 and evidence in SU 26/10.
    Matter stands adjourned to 30.10.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Matter called out at 4.35 p.m.
    Adv. Harshvardhan Melanta I/b M/s. K. Ashar and Co. for DH present. He tendered reply to NM No.2324/19.
    He undertakes to serve the plaintiff.
    None present for JDR.
    DH tendered draft CS.
    O-leave granted to register.
    Draft CS handed over to the DH for registration.
    Matter stands adjourned to 09.12.2021 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Matter mentioned at 2.45 p.m.
    Adv. Sushant Yadav I/b K. Ashar and Co. for DH present. He tendered reg. CS No.1723/21. TOR.
    Adv. P. R. Moses for JDR present.
    Heard both the sides.
    DH/plaintiff changed their name of corporation.  Therefore, plaintiff/DH wanted to carry out necessary amendments.  Looking to the nature of amendment being formal, CS No.1723/21 needs to be allowed.
    Thus, I proceed to pass the following order.
    1.  CS No.1723/21 is allowed in terms of prayer clause (a) to (c).
    2.  Plaintiff/DH to carry out necessary amendment as per schedule within a period of 14 days from the date of order.
    3.   Costs is cause.
    4.   CS No.1723/21 disposed of accordingly.
    Matter stands adjourned to 20.01.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: Matter called out at 4.35 p.m.
    Adv. Sushant Yadav I/b Kasher and Co. for DH present. He is seeking time. Time granted.
    None present for JDR.
    Matter stands adjourned to 05.04.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: As Court is on leave, board discharged.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: Adv. Rama Nageswaran I/b K. Ashar and Co. for plaintiff/DH present.
    JDR/Defendant in person present. He is given understanding that his counsel on next date to be present as court will proceed further.
    By consent, matter stands adjourned to 13.07.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. Rama Nageswaran for DH present.
    Adv. P. R. Moses for JD present.
    DH to take appropriate steps.
    Matter stands adjourned to 30.08.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: Adv. Rama Nageshwaran for DH present. She is seeking time for information regarding the time. Time granted.
    Adv. P. R. Moses for JD present.
    Matter stands adjourned to 08.10.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: Adv. Rama Nageshwaran for DH present.
    Adv. P. R. Moses for JD present.
    Matter stands adjourned to 31.10.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    Business: Adv. Rama Nageshwaran for DH present.
    Adv. P. R. Moses for JD present.
    Matter stands adjourned to 03.12.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-12-2022
    
    Date: 03-12-2022
    Business: Adv. Rama Nageshwaran for DH present.
    Adv. P. R. Moses for JD present.
    Matter stands adjourned to 22.02.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: Adv. Prasad Bhabal I/b K. Ashar for DH present. He is seeking time. Time granted.
    Adv. Moses for JD present.
    Matter stands adjourned on 17.04.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Adv. Sapna Shah for DH present. She is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned on 10.07.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: Adv Rama Nageswaran for Plaintiff/ D/H present and seeks time for taking steps. Time granted as last chance.
    Adv P. R. Mose for J/D present. Matter stands adjourned on 25-09-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: Adv Sapna Sharma for D/H present and seeks time for taking steps. O- Matter is pending for steps since 31.10.2022, hence time granted for steps as last chance.
    Representative of Modern Securities present.
    Matter stands adjourned on  21-11-2023 for steps and dismissal
    order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: Advocate Najafaya present for Decree Holder.
    Representative of Judgment Debtor present.
    Exhibit 2 Warrant of attachment filed by Decree Holder. Unserved. Taken On Record. Decree Holder seeks time to take steps. Order - Time granted.
    Matter stands adjourned on 12-02-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: Advocate Najafiya for D/H present.
    Advocate P. R. Moses for J/D present.
    Matter stands adjourned on 28-03-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: P. O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: P. O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: Adv. Rama Nageshwaran for D/H present.
    J/D is present and filed application for adjournment along with copy of Writ Petition Stamp No. 3368/2023. t.o.r. and marked as Exh.3
    O - In the interest of the justice one opportunity is granted as a last chance.
    Matter stands adjourned on 16-10-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-10-2024
    
    Date: 16-10-2024
    Business: Adv. Rama Nageshwaran for D/H present.
    Adv.  P. R. Moses along with J/D present.
    Heard both sides.
    Matter stands adjourned on 11-11-2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 11-11-2024
    
    Date: 11-11-2024
    Business: None for Plaintiff present.
    Adv. P. R. Moses for J/D / defendant present and seeking time.
    Ld. Adv. for the defendant has submitted that he has not argued before the Court but on last occasion his junior has made submission and wrongly his presence is marked. Therefore he is seeking time two weeks. The roznama indicates that several opportunities have been granted but till today there is no stay to the present Execution Proceeding. It appears that the property is attached previously and the proceeding is kept for issuing warrant of sale. In the interest of justice last opportunity is granted to J/D. Thereafter, no further opportunity will be granted and this Court will issue warrant accordingly.
    Kept back. Latter on at 1.15 p.m. Adv. Rama Nageshwaran for D/H /plaintiff present.
    Matter stands adjourned on 26-11-2024 for filing say.
    Next Purpose: FILING SAY
    Next Hearing Date: 26-11-2024
    
    Date: 26-11-2024
    Business: None for D/H present.
    Adv.  R. R. Moses for J/D present and filed say of the defendant to the execution application. t.o.r.
    Later on at 12.45 p.m. Adv. Nageshwaran for D/H present.
    Matter stands adjourned on 06-02-2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 06-02-2025
    
    Date: 06-02-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. Rama Nageshwaran for D/H /plaintiff present.
    Adv. P. R. Moses for J/D / defendant present and filed adjournment application along with copy of Writ Petition No.4427/24 . t.o.r. and marked as Exh.6.  O- Other side to say.
    Say filed by Ld. Adv. for plaintiff.
    Order on Exh.6 - Perused the application and say. Considering the submission made before me, last chance is granted.
    The Ld. Adv. for J/D has submitted that the address of D/H has changed. In view of the same, the D/H is directed to furnish his recent address on record.
    Matter stands adjourned on 15-04-2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 15-04-2025
    
    Date: 15-04-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. Rama Nageshwaran for D/H /plaintiff present.
    Representative of Defendant is present.
    Advocate for plaintiff filed application for change of address of D/H.  TOR marked as Exh.7.  O-Other side to say.
    Matter stands adjourned on 11.06.2025 for Reply on Exh.7
    Next Purpose: REPLY
    Next Hearing Date: 11-06-2025
    
    Date: 11-06-2025
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH (CR. 03)
    Advocate Rama Nageshwaran for D/H present.
    CA of Defendant is in person present. He seeks time to file reply on Exh.7. Considering the nature of the application at Exh.7 no prejudice will cause to other side if it is allowed, hence, allowed.
    The D/H to carry out necessary amendment within two days. The D/H also directed to take necessary steps to get the Decree executed. Failure of which necessary order to be passed.
    Matter stands adjourned on 30-06-2025 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-06-2025
    
    Date: 30-06-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate Rama Nageshwaran for D/H present and tendered copy of amended Execution Application. Marked at Exh.1-A. She also filed application to issue warrant of sale at Exh.8. The D/H to file documents on record to show that the property subject matter of the application at Exh.8 is owned by the J/D or he has interest therein.
    CEO of Defendant is present.
    Matter stands adjourned to 11-08-2025 for compliance.
    Later on Advocate Moses for J/D present.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-08-2025
    
    Date: 11-08-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None for Plaintiff present.
    Advocate  Anil Kharatmol for J/D  present and filed Vakalatnama at Exh.9.
    D/h failed to comply order dtd 30.06.2025. hence kept for necessary order to be passed on next date for want of prosecution.
    Kept back. Later on. Advocate for J/D filed pursis at Exh.10. And submits that the Hon'ble High Court has passed order not to pass any coercive order against J/D. O - D/H to reply.
    Matter stands adjourned to 04-09-2025 for order/reply.
    Later on. Advocate Rama nageshwarn for D/H/plaintiff present.
    Next Purpose: ORDER
    Next Hearing Date: 04-09-2025
    
    Date: 04-09-2025
    Business: Court is on leave
    Next Purpose: ORDER
    Next Hearing Date: 15-09-2025
    
    Date: 15-09-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None for Plaintiff present.
    Adv for defendant/J/D present and filed application at Exh.11 alongwith order Hon'ble High Court in writ petition No. 4427/24 dtd. 08.08.2025 and submits that the stay is continued. He also filed application at Exh.12 to direct the plaintiff to supply its address. Learned Advocate Rama Nageshwaran for the plaintiff/D/H appears later on and filed say on such application and submits that the plaintiff has corrected its address. Thus, adjourned.
    Next date is fixed on request of Learned Advocate for the D/H.
    Matter stands adjourned to 10-11-2025 for stayed.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 10-11-2025
    
    Date: 10-11-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate Sapna Sharma for Plaintiff present.
    Advocate Anil Kharatmol for defendant/J/D present and filed pursis at Exh.13 and submits that the Execution application is stayed.
    Matter stands adjourned for stayed to 20-12-2025.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 20-12-2025
    
    Date: 20-12-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None for D/H present.
    Advocate Kharatmol for J/D present and filed pursis at Exh.14 and submits that stay is continue.
    Kept back. Later on.
    Advocate Rama Nageswaran for D/H /plaintiff present.
    Matter stands adjourned for stayed to 11-03-2026.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 11-03-2026
    
    Date: 11-03-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Adv. Rama Nageswaran for DH/plaintiff present.
    Adv. Kharatmol for JD/defendant present and submitted that he has preferred writ against the order passed in NM. According to him this execution application is stayed.
    Matter stands adjourned for stayed to 17.06.2026.
                                                                                                 Judge
    Next Purpose: SUIT STAYED
    Next Hearing Date: 17-06-2026
    
    Date: 17-06-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate  for DH/Plaintiff present.
    Advocate Kharatmol for JD/defendant present.
    The Honble High Court passed order on 08.08.2025. No coercive action be taken against present JD for executing the order passed in Suit till next date.
    Matter stands adjourned for no coercive action till next date to 10-
    08-2026.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-08-2026
    
    Date: 10-08-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Rama Nageswaran for DH/Plaintiff present and served copy of warrant of sale Exh.8 upon JD.
    Advocate Anil Kharatmol for JD/defendant present.
    Matter stands adjourned for say on Exh.8 to 16-09-2026.
    Next Purpose: FILING SAY
    Next Hearing Date: 16-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 114947/2018
    Filing Date: 03-12-2018
    First Hearing Date: 12th December 2018
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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