Skip to main content
SUIT - SHORT CAUSE CIVIL SUIT

Suman Vijay Gupta and Ors. +2 moreVsState Bank of India +14 more

CNR MHCC01000330202059-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100141/2020
Registration Date
10 Jan 2020
Next Hearing Date
28 Sept 2026
Case Stage
NM FOR HEARING

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    18

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 13-01-2020
    Business: By precipe
    Advocate Priyanka Dube a/w Shrinivas Bobade for plaintiff are present and filed draft NM. Leave is granted to register.
    Advocate Chetan Agrawal for defendant nos. 1 to 7, 9 and 13 to 15 is present.
    Advocate Motawani for defendant no. 10 is present.
    Plaint.
    Vakalatnama.
    Memorandum of address.
    List of documents.
    Collectively two affidavit of service filed by plaintiff.
    Advocate Chetan Agrawal for defendant nos. 1 to 7, 9 and 13 to 15 and 10 requested grant time for filing written statement and reply. Advocate for the plaintiff is present and requested till filing of the reply and written statement injunction may kindly be granted. After hearing the short arguments and perusal of this bulky matter it require that the matter should be decided on merit. Time granted to the defendants to file their written statement and reply.
    Adjourned for filing reply and W.S. and appearance of defendant nos. 8 and 12 to 30.01.2020.
    Next Purpose: REPLY
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Advocate Priyanka Dubey for plaintiff is present.
    Advocate Shri. Chetan Agrawal for defendant nos. 1 to 9 and 13 to 15 is present and filed registered NM No. 262/20.
    Advocate Chetan Agrawal for defendant nos. 1 to 9 and 13 to 15 is filed Vakalatnama at Exh. 6 collectively.
    In view of Exh. 5 service affidavit filed on behalf of the plaintiff, the defendants served alongwith defendant nos. 10,11 and 12 but the defendant nos. 10 to 12 were absent on last date. Today also they are absent when called out. Advocate Shri. Chetan Agrawal is present and  informed that the defendant no. 10 instructed to him to file V/P on its behalf but due to not signature of defendant no. 10 on V/P the Ld. Counsel Shri. Chetan Agrawal could not file his V/P on behalf of the defendant no. 10 and he requested short time granted to him for  filing V/P on behalf of the defendant no. 10. The defendant nos. 11 and 12 are absent when called out. Therefore, the N/M no. 262/20 taken out by the plaintiff is hereby proceed without reply against the defendant nos. 11 and 12.
    Advocate Shri. Chetan agrawal requested short adjournment for filing V/P on behalf of the defendant no. 10 and for filing reply on behalf of the defendant nos. 1 to 10 and 13 to 15.
    Advocate Priyanka Dubey on behalf of the plaintiff has submitted that on last date the advocate for the defendants sought adjournment for filing reply on behalf of the defendant nos. 1 to 9  and 13 to 15. Today also advocate for the defendant nos. 1 to 9 and 13 to 15 is failed to file their reply. It has apprehension in the mind of the plaintiff that the defendants will take coercive action against the plaintiffs and further submitted that if the defendants take the action against the plaintiff then suit of the plaintiffs will infructuous. Considering the submission of both the parties short adjournment granted to the defendant nos. 1 to 9 and 13 to 15 for filing reply and V/P on behalf of defendant no. 10 subject to both the parties maintain status-quo till filing of the reply.
    Adjourned for NM reply to 03.02.2020.
    Next Purpose: REPLY
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Advocate Vivek Singh for plaintiff is present.
    Advocate Mr. Chetan Agrawal for defendant no. 1 to 10 and defendant no. 13 to 15 is present and filed Vakalatnama for defendant no. 10 at Exh. 07.
    Advocate Mr. Chetan Agrawal filed reply of defendant nos. 1 to 4, 7 and 15 to NM No.262/20. Copy served.
    Status-quo order continue till next date.
    Adjourned for NM hearing to 04.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Advocate Mr. Karan Bhosale a/w Priyanka Dubey for plaintiff is present.
    Advocate Mr. Chetan Agrawal for defendant no. 1 to 10 and defendant no. 13 to 15 is present.
    Advocate Mr. Chetan Agrawal filed reply of defendant nos. 6, 8, 9 and 10 to NM. Copy served.
    Heard arguments of advocate for plaintiff.
    Status-quo order continue till next date.
    Adjourned for defendants argument on NM to 05.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Advocate Mr. Karan Bhosale a/w Priyanka Dubey for plaintiff is present.
    Advocate Mr. Chetan Agrawal for defendant no. 1 to 10 and defendant no. 13 to 15 is present.
    Heard arguments of advocate for defendants.
    Heard reply argument of advocate for plaintiff.
    Earlier order if any, to continue till next date.
    Adjourned for NM orders to 11.02.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Advocate Priyanka Dubey for plaintiff is present.
    Advocate Ms. Jyoti Agrawal for defendant nos. 1 to 10 and defendant nos. 13 to 15 is present.
    F.R.S.R. the following order passed on NM No. 262/2020
                                           ORDER
    1. N/M No. 262/2020 is hereby allowed.
    2. Defendants banks personally or through their agents, servants or representatives, officers and/or any person or authorities claiming through them are hereby temporarily restrained from taking coercive action and from acting on their declaration of plaintiffs account as red flag, fraud and willful defaulter based on master circular, defendants or their representatives are restrained from publishing the name of plaintiffs as willful defaulter till further order.
    3. Defendants may submit their written statement in detail to expedite hearing.
    4. It is needless to say that defendants banks are at liberty to proceed against the plaintiffs regarding recovery proceedings, attachment, sale of attachment property to recover the defaulted loan.
    5. Cost as in cause.
    6. N/M No. 262/2020 is disposed off accordingly.
    Adjourned for filing written statement to 06.03.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: None present for plaintiff.
    Advocate Ms. Agrawal for defendant nos.1 to 10 and 13 to 15 is present and filed adjournment application at Exh. 08. O-Allowed subject to limitation.
    Adjourned for written statement subject to limitation to 09.04.2020.
                                                                                   Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    
    Date: 18-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None for plaintiff.
    Adv. Vivek Phadke for defendant no.7 present.
    Today matter is for filing WS.
    Ld adv for defendant no.7 submitted that earlier defendant no.1 to 10 represented by another advocate but defendant no.7 instructed him to take NOC from earlier advocate and to represent defendant no.7.
    The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for filing WS to 30-01-2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-01-2021
    
    Date: 30-01-2021
    Business: At 1.10 am
    Adv. Khusbhoo Agarwal and Adv. Amala Tikekar I/b M/s. Thodur Law associates filed vakalatnama on behalf of defendant No.5. t.o.r. O-Read and recorded.
    Adv. for defendant filed written statement. t.o.r for consideration.
    Adv. for plaintiff filed two draft notice of motions along with affidavit in support. O- Leave granted to register both notice of motions.
    Adjd for compliance to 05/03/2021
    L. O
    Adv. Aamrin Malik for plaintiff present.
    Adv. Vivek Phadke for defendant No. 7 present.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Adv. Vivek Vasant Phadke present and filed vakalatnama on behalf of defendant No. 7. t.o.r.
    Adv. for defendant No. 5 filed original NM No. 398/21 and NM No. 399/21 t.o.r
     Plaintiff to file affidavit of service of copy of notice of motion served to the defendant.
    Adj for compliance/reply of defendant to notice of motion to 25/06/2021
    L. O
    Adv. Mayank Tripathi for plaintiff present.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Business: Adv Vikas Mishra for the plaintiff present.
    None present for defendant.
    Matter adjd to 16.07.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: Due to COVID-19 matter adj to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: Board is discharged.  Matter adj.to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: None present for Plaintiff.
    NM 398/21	Adv. Khushbu Aggarwal present for Defendant no. 5 present.
    NM 399/21	The pltff is not appearing and taking appropriate steps i.e. filling reply to the NM taken out by defendants.  Hence the earlier order of maintaining status-quo is withdrawn.  Both the NM be proceeded further without reply of pltff.
    	Matter adj. to 16/12/2021 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    
    Date: 29-01-2022
    Business: Court is Vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: AS PO IS ON TRAINING
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: Matter called out at 1.18 p.m.
    Adv.P.D.Gandhy I/b Sharon Patole  for plaintiff present.
    None for Defendant present.
    Adv for plff tendered Vakalatnama on behalf of plff No.1, 2 and 3 t.o.r. marked as Exh. 8,9 and 10 resp.
    Adv for plff tendered Draft NM a/w supporting affidavit. Leave is granted to register NM.  Plff to tender register NM with advance service to defs.
    Matter is adjd on 17.08.2022 for NM Reply.
    Next Purpose: REPLY
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Matter called out at 3.38 pm
    Adv Hardik Desai for plff present
    Adv Vivek Sawant for defendant No.1 present and undertakes to file Vakalatnama on next date.
    Adv Prafull Chipte I/b Adv Vivek Phadke for def No.7 present
    Adv Chetan Akerkar for respondent No.11 present
    Adv Prachi Kalambekar for defendant Nos.5 and 12 present
    Adv for plff tendered registered NM No. 2159/2022 a/w affidavit t.o.r
    Adv for defendant No.11 tendered Vakalatnama t.o.r he also tendered reply to NM 2159/22 t.o.r copy served upon adv for plff.
    Adv for defendant No.12 tendered Vakalatnama t.o.r
    Adv for defendant Nos. 1 and 11 seek time to file WS.
    Heard both sides.  The fact regarding service of Writ of summons is not clear.  Therefore, request allowed subject to limitation.
     Matter is adjd on 07.10.2022 for NM Reply
    Next Purpose: REPLY
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: Matter called out at 4.53 pm
    Adv P.D.Gandhy for plff present
    Adv Vivek Sawant for defendant No.1 present
    Adv Shubhamkar Pandey for defendant Nos. 5 and 12 present
    Adv Tejas Girap for defendant No. 7 present
    Adv Chetan Akerkar for defendant No.11 present
    Adv for defendant No.11 tendered WS t.o.r marked as Exh 11
    O- R and R
    Adv for defendant No.1 seeks to file Vakalatnama and WS.  NOC of the previous adv is not obtained.  Adv for defendant No.1 seeks time to produce NOC.  Adv for plff objects to WS on the ground that there is delay and it cannot be t.o.r.  Vakalatnama and WS put up for consideration.  Parties to make submissions on delay in filing WS.   Advs for defendant Nos. 5 and  7 seek time to reply on NM.
    Matter is adjd on 18.11.2022 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: Matter called out at 4.11 pm
    Adv Pradeep Gandhy for plff present
    Adv Asmita Mourya for defendant No.1 present
    Adv Chetan Akerkar for defendant No. 11 present
    Adv S.S.Pandey for defendant Nos. 5 and  12 present
    Adv Tejas Girap for defendant Nos. 6, 7 and 13 present
    Adv for defendant No.1 tendered Vakalatnama a/w NOC of previous adv t.o.r marked as Exh 12.  She further draft NM a/w supporting affidavit.  Leave is granted to register NM.  Copy served upon adv for plff.
    Adv for defendant No.1 seeks time to file reply to NM 2159/22
    Adv for defendant Nos. 6,7 and 13 also seeks time to file reply to NM 2159/22.  Time is granted to defendant Nos. 1,6,7 and 13 to file reply to NM 2159/22.  Reply be served in advance upon adv for plff.  Adv for defendant Nos. 5 and 12 submits that Andhra Bank is merged with Union Bank of India.  Adv for defendant No. 13 submits that defendant No. 13 bank  is merged with Punjab National Bank.  Adv for defendant No.1 submits that defendant No.15 bank is merged with defendant No.1.  It is also submitted that defendant Nos. 2,3 and 4 are also merged with defendant No.1.  Adv for plff submits that he will take necessary steps.
    Matter is adjd on 14.12.2022 for NM Reply Rejoinder
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: Matter called out at 3.27 pm
    Adv Pradeep Gandhy for plff present
    Adv Vivek Sawant for defendant No.1 present
    Adv Chetan Akerkar for defendant No.11 present
    Adv for plff seeks time to file ch/s.
    Adv for defendant No.1 tendered reply to NM 2159/2022 t.o.r.  Copy served upon plff and other defendants.
    Reply not tendered by adv for defendant Nos. 6,7 and 13.  Put up for no reply order.  On request of adv for defendant no.1, time for registration of draft NM is extended till next date.
    Matter is adjd on 06.02.2023 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: Adv.Khushi Varma for plaintiff present and requested adjournment.
    Adv. Arerkar for defendant no. 11 present and tendered registered Nm 1923/23 on behalf of advocate for defendant no. 1. TOR.
    Adv. Pandey for defendant no. 5 present.
    Matter is adjd on 29-03-2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: Adv. Rajendra Pawar for plaintiff present.
    Adv. Shinde I/b Adv. Sawant for defendant no. 1 present.
    Adv. Chetan Arekar for defendant no. 11 present.
    Adv. Ruchita Chavan for defendant no. 5 to 12 present.
    Keep back on the request of advocate for plaintiff for filing reply on Ch/s.
    LO at 3.30 pm
    Adv. for plaintiff tendered reply to Nm 398/21 .TOR. Copy served upon other side.
    He also tendered draft Ch/s along with supporting affidavit. O- leave is granted to registered the same.
    Matter is adjd on 07-06-2023 for Ch/s reply.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 07-06-2023
    
    Date: 07-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Zubin Shem i/b Y and A Legal filed vakalatnama for plaintiff along with NOC T.O.R marked as (Exh--)
    He also filed draft Chamber Summons, along with affidavit, for permission to add proposed/defendant or respondents  No.16 to 20.
    O- Leave is granted to register the Chamber Summons.
    Adv.Vivek Sawant for defendant No.1 present.
    Adv.Rohini Kamble a/w Adv.Ranveer Chapekar for defendant No.5 and 12 present.
    Adv.Chetan Akerkar for defendant No.11 present.
    Adv.Nilesh Mule i/b Adv.Vivek Phadke for defendant No.07 present.
    Adv.Nilesh Mule i/b Adv.Vivek Phadke filed vakalatnama for defendant No.13 T.O.R marked as (Exh--)
    Plaintiff is directed to serve the copy of C/S to all the defendants.
    Matter is adj to 22/08/2023 for reply on C/S.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy hearing of other matters 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.Zubin Sheth i/b Y and A Legal for applicant/plaintiff present.  He tendered registered C/S no.1203/2023 along with affidavit in support. T.O.R.
    He also filed pursis to register the draft C/S tendered before this court on 29.03.2023 T.O.R marked as Exh---
    Order-Leave is granted to register C/S on or before next date.
    Adv.Vivek Sawant for defendant No.1 present.
    Adv.Chetan Akerkar for defendant No.11 present.
    Adv.Ranveer Chapekar for defendant No.5 and 12 present.
    Later on at 4.53pm
    Adv.Nilesh Mule i/b Adv.Vivek Phadke for defendant Nos.7 and 13 present.
    Matter is adj to 27/10/2023 for reply on C/S.
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Zubin Sheth i/b Y and A Legal for original plaintiff present.  He tendered registered C/S No.1754/2023 along with affidavit in support. T.O.R.
    Adv.Vivek Savant for defendant No.1 present.
    Adv.Chetan Akerkar for defendant No.11 present.
    Adv.Fanveer Chapekar for defendant No.5 and 12 present.  He filed reply on C/S No.1754/2023 by defendant No.5. T.O.R
               ORDER ON CHAMBER SUMMONS NO.1754/2023.
          Defendant No.1,11 and 12 have no objection to allow the C/S. Whereas it is contention of the defendant No.5 cost may be imposed.  Considering nature of amendment sought vide this C/S no prejudice will be caused to the other side if C/S No.1754 of 2023 is allowed in terms of prayer clause (a).   Accordingly plaintiff is permitted to carry out necessary amendment within 14days of the order and file amendment plaint forthwith.  Accordingly C/S No.1754/2023 is disposed off.
    Matter is adj to 11/01/2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-11-2023
    
    Date: 30-11-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Not on board taken on board matter moved by precipe Adv.Zubin Sheth i/b Y and A Legal for plaintiff present(Exh-).
    Advocate for defendant absent.
    Advocate for plaintiff seeking extension of time for amendment in the Chamber Summons No.1754 of 2023.
    Order -Time extended till next date to amend Chamber Summons.
    Matter is already adj to 11/01/2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-01-2024
    
    Date: 11-01-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Zubin Sheth i/b Y and A Legal for plaintiff present.   He has supplied copy of amendment to other sides.
    Adv.Chetan Akerkar for defendant No.11 present.
    Adv.Ranveen Chapekar i/b Thodur Law Associates for defendant No.5 and 12 present.  He seeks time to file reply on N/M No.398/2021 and N/M No.399/2021.  Very last chance is granted.
    By consent of both the parties, matter is adj to 30/01/2024 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2024
    
    Date: 30-01-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Shahbaz Khan Sandi i/b YNA Legal for plaintiff present (Appear in first session).
    Matter called out at 2.58pm
    Plaintiff and his advocate are absent.
    Adv.Chetan Akerkar for defendant No.11 present.    He filed affidavit of the authorized representative of defendant No.11 marked as Exhibit-16.  Order-Plaintiff to file reply on Exhibit-16.
    Adv.Ranveen Chapekar i/b Thodur Law Associates for defendant No.5 and 12 present.  He submit that N/M No.399/2021 is filed by him and plaintiff has to file reply.  Plaintiff has filed reply to N/M No.398/2021.    He seeks time to file reply on N/M No.2159/2022 last chance is granted.
    Plaintiff failed to file reply to N/M No.399/2021 hence N/M is proceeded without say of the plaintiff.
    Matter is adj to 05/02/2024 for reply on Exhibit-16 and argument on both N/M No.398/2021, N/M No. 399/21, reply on N/M No.2159/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: Adv.M.R.Majra i/b Y and A Legal for plaintiff present.  He submit that he will see whether C/S No.1203/2023 is served upon proposed defendants or not.
    He also submit that time be granted to file reply on Exhibit-16.
    Adv.Chetan Akerkar for defendant No.11 present.
    Adv.Ruchita Chavan i/b Thodur Law Associates for defendant No.5 and 12 present.  She seeks time to file reply on N/M No.2159/2022.
    Adv. for plaintiff filed reply on N/M No.19/2023 and N/M No.399/2021 overleaf of the applications.
    Heard Ld.Adv. for the plaintiff and defendant No.5 on N/M No.19/2023 and N/M No.399/2021.
                     ORDER ON NOTICE OF MOTION NO.19 OF 2023.
              This Notice of Motion No.19 of 2023 is moved by defendant No.1 to condone delay of 203days to file written statement.  Today advocate for defendant No.1 is absent.  As Ld.Adv. for the plaintiff submitted that to avoid further delay to file written statement this N/M be disposed off on cost.  It is contention of the defendant No.1 that the plaintiff had moved N/M No.262/2020 hence he was busy in defending such motion.  Thereafter his advocate withdrawn his vakalatnama hence there is delay.
             The fact that defendant No.1 was busy in contesting the N/M No.262/2020 and his advocate had withdrawn vakalatnama is not sufficient cause to condone the delay without cost.  Considering delay of 203days it would be just and proper allow the N/M on cost of Rs.5,000/- payable to the plaintiff on or before next date.  Hence following order.
                                          ORDER
    1.  Notice of Motion No.19 of 2023 is allowed on cost of Rs.5,000/- payable to the plaintiff on or before next date.
    2.  Defendant to submit his written statement on record on next date without fail.
    3. Accordingly  Notice of Motion No.19 of 2023 is disposed off.
                     ORDER ON NOTICE OF MOTION NO.399 OF 2021.
              This Notice of Motion No.399 of 2021 is moved by defendant No.5 to condone delay of 347days to file written statement.  It is contention of the defendant No.5 that there was lockdown due to Covid-19 hence there is delay.   On the other hand it is submission of Ld.Adv. for the plaintiff that there is no proper reason hence cost may be imposed.
         Defendant No.5 content that he was served with writ of summons on 20/01/2020 and the period of limitation was extended by Honble Supreme Court vide order in Writ Petition No.3/2020 from 15/03/2020.  The defendant No.5 ought to have file written statement on or before 20/02/2020 hence the dictum of Honble Supreme Court will not applicable.  However to decide the matter on merit  it would be just and proper allow the N/M on cost of Rs.2,000/- payable to the plaintiff on or before next date.  Hence following order.
                                          ORDER
    1.  Notice of Motion No.399 of 2021 is allowed on cost of Rs.2,000/- payable to the plaintiff on or before next date.
    2.  Defendant to submit his written statement on record on next date without fail.
    3. Accordingly  Notice of Motion No.399 of 2021 is disposed off.
    Matter is adj to 28/02/2024 for reply on Exhibit-16, hearing on N/M and compliance.
    Next Purpose: REPLY
    Next Hearing Date: 28-02-2024
    
    Date: 28-02-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Zubin Sheth i/b Y and A Legal for plaintiff present.
    Adv.Vivek Savant for defendant No.1 present.
    Adv.Ruchita Chavan i/b Thodur Law Associates for defendant No.5 and 12 present.  She seeks time to file reply on N/M No.2159/2022.  Plaintiff has no objection to grant the time.
    Adv.Chetan Akerkar for defendant No.11 present.
    By consent of both the parties, matter is adj to 19/03/2024 for reply on Exhibit-16, hearing on N/M and compliance.
    Later on at 4.29pm
    Adv.Zubin Sheth i/b Y and A Legal for plaintiff present.  He filed reply on Exhibit-16 marked as Exhibit-16A.
    By consent of both the parties, matter is adj to 19/03/2024 for argument on Exhibit-16, hearing on N/M and compliance.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    Matter is adj to 19/06/2024 for argument.
    Later on
    Adv.Chetan Akerkar for defendant No.11 present.
    Matter is adj to 02/04/2024 for argument.
    Later on at 3.08pm
    Adv.Shahbaz Khan Sandi i/b Y and A Legal for plaintiff present.
    Adv.Ranveer Chapekar i/b Thodur Law Associates for defendant Nos.5 and 12 present.  He filed reply on N/M No.2159/2022. Taken on record.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: PO IS ON LEAVE.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    
    Date: 18-04-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.Zubin Sheth i/b Y and A Legal for plaintiff present.   He filed rejoinder to Exhibit-17 marked as Exhibit-18.
    Adv.Vivek Savant for defendant No.1 present.
    Adv.Chetan Akerkar for defendant No.11 present.
    By consent of both the sides, matter is adj to 08/05/2024 for argument.
    Later on
    Adv.Ranveer Chapekar i/b Thodur Law Associates for defendant No.11 present.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-05-2024
    
    Date: 08-05-2024
    Business: PO IS ON LEAVE.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-06-2024
    
    Date: 27-06-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.Zubin Sheth i/b Y and A Legal for plaintiff present. He seeks time to argue the matter.  Time granted as last chance.
    Adv.Vivek Savant for defendant No.1 present.
    Adv.Chetan Akerkar for defendant No.11 present.
    Matter is adj to 31/07/2024 for argument on Exhibit-16 and argument on both N/M.
    Later on at 4.06pm
    Adv.Ruchita Chavan for defendant Nos.5 and 12 present.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-07-2024
    
    Date: 31-07-2024
    Business: Po is on leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-08-2024
    
    Date: 22-08-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.Rohan Rajadhyakash for plaintiff present.
    Adv.Vivek Savant for defendant No.1 present.
    Adv.Chetan Akerkar for defendant No.11 present.
    Adv.Nehal Rajput i/b Thodur Law Associates for defendant Nos.5 and 12 present.
    Adv. for defendant Nos.1 and 11 submitted that they have not received copy of C/S No.1203/2023.  Therefore, plaintiff is directed to serve the copy of C/S to the defendant Nos.1 and 11.
    Adv. for defendant No.11 submitted that he will also serve the copy of reply of C/S No.1203/2023 to the plaintiff before next date.
    Adv. for plaintiff submitted that he will also serve copy of rejoinder to the defendant No.1 and 11 on or before next date.
    Matter is adj to 06/09/2024 for hearing on C/S and Exh-16.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-09-2024
    
    Date: 06-09-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.Shahbaz Khan Sandi i/b YNA Legal LLP for plaintiff present.
    Adv.Vivek Sawant for defendant No.1 present.  He filed reply on C/S No.1203/2023
    Adv.Neha Rajput i/b Thodur Law Associates for defendant Nos.5 and 12 present.  She filed reply on C/S No.1203/2023 by defendant No.12 T.O.R
    She seeks time to file reply on C/S No.1203/2023 by defendant No.12. Time granted.
    Adv.Chetan Akarekar for defendant No.11 present. He filed reply on C/S No.1203/2023 T.O.R
    Matter is adj to 11/10/2024 for reply on C/S by other defendants.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-10-2024
    
    Date: 11-10-2024
    Business: PO IS ON LEAVE.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-11-2024
    
    Date: 18-11-2024
    Business: PO IS ON LEAVE IN SECOND SESSION.
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-11-2024
    
    Date: 26-11-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.Vaishnav i/b YNA Legal for plaintiff present.
    Adv.Vivek Sawant for defendant No.1 present.
    Adv.Chetan Akerkar for defendant No.11 present.
    Reply not given by defendant Nos.2 to 4,6 to 10,13 to 15 on C/S No.1203/2023 hence, matter to proceed without reply by defendant Nos.2 to 4,6 to 10,13 to 15 on C/S No.1203/2023.
    Adv. for plaintiff seeks time to argue on C/S as his senior is not available today.  Time granted as last chance.
    Matter is adj to 10/12/2024 for argument on C/S.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 10-12-2024
    
    Date: 10-12-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.  for plaintiff present.
    Adv. Chetan Akekar for defendant No. 11 present.
    Kept Back. Later on.
    Adv. Neha Rajput for defendant Nos. 5 and 12 present.
    Ld. Adv. for plaintiff has filed adjournment application. t.o.r. marked at Exh.19. O - Other side to say.
    Say given by defendants on Exh.19.
    Order - Granted subject to cost of Rs. 1000/- to be paid to defendant Nos. 1, 5, 11 and 12.
    Adv. for defendant No. 5 filed reply to NM No. 1203/23. t.o.r. Copy supplied to Adv. for plaintiff.
    Matter is adj to 23-12-2024 for CS argument.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 23-12-2024
    
    Date: 23-12-2024
    Business: Po is on leave
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 09-01-2025
    
    Date: 09-01-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    Adv.Murtafa Chitalwala for plaintiff present and sought time.      Order-Time granted.
    Adv.Vivek Sawant for defendant No.1 present.
    Adv.Chetan Akerkar for defendant No.11 present.
    Adv.Prachi Kolambekar a/w Adv.Neha Jasufa i/b Thodur Law Associates for defendant Nos.5 and 12 present.
    Matter is adj to 21/02/2025 for hearing on C/S.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 13-02-2025
    
    Date: 13-02-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    Not on board taken on board matter moved by precipe Adv.Chetan Akerkar for defendant No.11 (Exh-20).  Order-Allowed.
    Adv.Mustafa Chitalwala i/b YNA Legal Advocates for plaintiff present.
    Adv.Nehal Rajput for defendant Nos.5 and 12 present.
    Sanjeev Kumar Manager-IDBI Bank present.
    Adv. for defendant No.11 filed draft Notice of Motion, along with affidavit for. Order-Leave is granted to register the Notice of Motion.
    Copy of draft N/M served to the advocate for plaintiff in court.
    Draft N/M is returned to the advocate for defendant No.11 for registration purpose.
    Matter is already adj to 21/02/2025 for reply on N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-02-2025
    
    Date: 21-02-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    Adv.Mustafa Chitalwala i/b YNA Legal Advocates for plaintiff present and tendered reply on N/M No.1096/2025 T.O.R.                 Order-Filed.
    Adv.Chetan Akerkar for defendant No.11 present and tendered registered N/M No.1096/2025 along with affidavit in support.  T.O.R.
    Matter is adj to 30/04/2025 for hearing on N/M No.1096/2025.
    Later on at 4.39pm
    Adv.Nehal Rajput for defendant Nos.5 and 12 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-04-2025
    
    Date: 30-04-2025
    
    Date: 11-07-2025
    
    Date: 18-08-2025
    Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
    Adv.Dev Mistry i/b YNA Legal for plaintiff present and filed reply to N/M No.2875/2025. T.O.R.
    Copy served to the advocate for defendant Nos.1,5,11 and 12.
    Adv.Vivek Sawant for defendant No.1 and 11 present.
    Adv.Nehal Rajput for defendant No.5 and 12 present.
    Matter is adj to 17/09/2025 for N/M hearing and C/S hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2025
    
    Date: 17-09-2025
    Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
    Adv.Mustafa Chitalwala i/b YNA Legal LLP for plaintiff present.
    Adv.Vivek Sawant for defendant No.1 present and tendered registered N/M No.2875/2025 along with affidavit in support. T.O.R.
    Adv.Chetan Akerkar for defendant No.11 present.
    Adv.Nehal Rajput for defendant Nos.5 and 12 present.
    Matter is adj to 14/11/2025 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2025
    
    Date: 14-11-2025
    Business: Vacant Court
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-01-2026
    
    Date: 22-01-2026
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2026
    
    Date: 18-03-2026
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2026
    
    Date: 17-04-2026
    Business: PO IS ON TRAINING.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2026
    
    Date: 15-06-2026
    Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
    Adv.Mustafa Chitalwala i/b YNA Legal LLP for plaintiff present. Adv.Vivek Sawant for defendant No.1 present.
    Adv.Chetan Akerkar for defendant No.11 present.
    Adv.Akshay Bansode for defendant Nos.5 and 12 present.
    By consent matter is adj to 18/06/2026 for N/M hearing at 2.45pm
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2026
    
    Date: 18-06-2026
    Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
    Adv.Mustafa Chitalwala i/b YNA Legal LLP for plaintiff present and filed pursis to hear and decide C/S No.1203/2023 before the N/M. T.O.R marked as Exh-21. Order- Filed.
    Adv.Vivek Sawant for defendant No.1 present.
    Adv.Chetan Akerkar for defendant No.11 present.
    Adv.Akshay Bansode for defendant Nos.5 and 12 present.
    By consent matter is adj to 29/06/2026 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-06-2026
    
    Date: 29-06-2026
    
    Date: 13-07-2026
    Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
    Adv.Durva Thakare i/b YNA Legal LLP for plaintiff and seeks time. Time granted.
    Adv.Vivek Sawant for defendant No.1 present.
    Adv.Chetan Akerkar for defendant No.11 present.
    Adv.Neha Jasuja i/b Thodur Law Associates for defendant No.5 and 12 present.
    Matter is adj to 31/07/2026 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-07-2026
    
    Date: 31-07-2026
    Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
    Adv.Mustafa Chitalwala for plaintiff present and filed pursis. T.O.R marked as Exh-22.  Order- Seen and filed.
    Adv.Chetan Akerkar for defendant No.1 present.
    Adv.Akshay Bansode i/b Thodur Law Associates for defendant Nos.5 and 12 present.
    By consent matter is adj to 04/08/2026 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2026
    
    Date: 04-08-2026
    Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
    Adv.Mustafa Chitalwala i/b YNA Legal for plaintiff present.
    Adv.Chetan Akerkar for defendant No.1 present.
    Adv.Neha Jasuja i/b Thodur Law Associates for defendant Nos.5 and 12 present.
    Keep back.
    Second time matter called out at 3.56pm
    Adv.Mustafa Chitalwala i/b YNA Legal for plaintiff present and filed written notes of argument in C/S No.1203/2023. T.O.R.
    Adv.Vivek Sawant for defendant No.1 present.
    Adv.Chetan Akerkar for defendant No.11 present.
    Adv.Neha Jasuja i/b Thodur Law Associates for defendant Nos.5 and 12 present.
    Heard Ld.Adv. for plaintiff, Adv. for def.No.1 and Adv. for defendant No.11 on C/S No.1203/2023.
    Matter is adj to 19/08/2026 for C/S order and N/M hearing.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 19-08-2026
    
    Date: 19-08-2026
    Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
    Adv.Ms. Saloni Kharidia i/b YNA Legal for plaintiff present.
    Adv.Chetan Akerkar for defendant No.11 present.
    Adv.Neha Jasuja i/b Thodur Law Associates for defendant Nos.5 and 15 present.
    As court is busy in dictating judgment in Suit No. 396 of 2018 Hence, matter is adj to 25/08/2026 for C/S order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 25-08-2026
    
    Date: 25-08-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100066/2020
    Filing Date: 02-01-2020
    First Hearing Date: 13th January 2020
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.