Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 593 Misc 2022 Shaheen Vs Ashfaque and ors.
CNR No.MHMM18-011476-2022
ORDER BELOW EXH.1
1. In view of order passed below Exh.1, in C. C. No. 61/DV/2015,
present application is registered as separate application for recovery
proceedings.
2. In the first session both the parties and their advocates present.
Now in second half, applicant and her advocate present. Respondent
present, his advocate absent.
3. There is difference amongst the parties, in respect of the exact
amount of arrears of interim maintenance. Ld. Advocate for the applicant
is ready to proceed with the argument. While opening argument she
brought to notice that till date the total amount of arrears is
Rs.20,20,000/-. Respondents contended that they had paid Rs.7,47,000/-.
She also submitted that she is ready to show the documents showing the
exact amount of arrears, as claimed by applicant.
4. Even if the contention of the respondents accepted, it can be said
that respondents are in arrears of amount of above Rs.12 lacs or more.
About the disputed payment there is no point in hearing the applicant
first. It is necessary that respondent should show that he has paid the
amount as claimed by him. If he fails, in it the contention of the applicant
can be directly accepted and prayers sought by her can be allowed,
including issuance of warrant as prayed.
5. Considering the admitted fact about the arrears and above factual
position, following order -
ORDER
a. Respondent is directed to deposit Rs.10,00,000/- (Rupees Ten Lacs
only) towards the arrears of interim maintenance within fortnight from
today i.e. on or before 08.12.2022.
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C. C. No. 593 Misc 2022 Shaheen Vs Ashfaque and ors.
CNR No.MHMM18-011476-2022
b. Matter is kept for argument of respondents, about their claim of
payment on next date.
c. It is clarified that applicant have an opportunity to reply the points
forwarded by the applicant.
d. Matter is kept on 16.12.2022.
MUMBAI (KOMALSING RAJPUT)
DATE – 23.11.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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