Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. NM 188/2019 IN SUM SUIT 1356/2017
MHCC010005192019 NM filed on : 23/10/2018
Registered on : 19/11/2018
Decided on : 23/09/2025
Duration : 06 Y : 11 M : 02 D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
NOTICE OF MOTION NO.188 OF 2019
IN
SUMMARY SUIT NO.1356 OF 2017
Sanjiv Mulchand Sawla )...Plaintiff
VERSUS
M/s. Bhalani Book Corporation & Ors. )...Defendants
Appearances :-
Ld. Adv. Piyush Singh holding for Adv. A. K. Singh for plaintiff.
Ld. Adv. Yogendra Rajgor along with Adv. Kairavi Dedhia for
defendants.
CORAM : HIS HONOUR JUDGE
SACHIN SURYAKANT PATIL
COURT ROOM NO.84
DATE : 23/09/2025.
O R D E R
1) This notice of motion is taken by plaintiff for issuance of warrant
of attachment before judgment vide Order XXXVIII Rule 5 of CPC.
Defendants have filed reply. Heard the argument.
2) Advocate for plaintiff argued that Suit has been filed for recovery
of friendly loan. Defendants have committed default in repayment of
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loan with agreed interest. Defendants want immovable property of flat
No.14 in Amrut Tower, Matunga, Mumbai and the premises at
Bandukwala Building-A, Byculla, Mumbai. Indiabulls Housing Finance
issued possession notice against the property of defendants. Defendants
are trying to dispose of their properties for defeating the claim of
plaintiff. Hence, this notice of motion for attachment of properties before
the judgment.
3) According to defendants, office premises is tenanted premises and
they run business therein. In the residential flats, defendants are
residing. Indiabulls Housing Finance has initiated process under
SARFAESI Act. Original documents of flat are with Indiabulls Housing
Finance. Hence, there is no question of defendants trying to dispose of
those properties. Notice of motion is devoid of any merit. Hence, it may
be dismissed.
4) This is a summary suit for recovery of friendly loan. According to
defendants, plaintiff is carrying on money lending business without
license. There are total six suits filed by the plaintiff against same
defendants. Plaintiff has not produced any material on record to show
that defendants are trying to dispose of their immovable properties. On
the contrary, plaintiff himself has admitted that Indiabulls Housing
Finance has issued notice of possession against the properties of
defendants. Other property is not owned by defendants. Plaintiff
advocate during the argument submitted that Indiabulls Housing
Finance has already taken the possession of property from the
defendants under SARFAESI Act proceeding. In such circumstances,
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possibility of defendants to dispose off the properties is unsustainable.
Hence, properties of defendants cannot be attached before judgment as
sought in the notice of motion. Therefore, I pass the following order :
ORDER
1. Notice of motion No.188 of 2019 is dismissed.
2. Notice of motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court,
Mazgaon, Mumbai, C.R. No.84.
Date: 23/09/2025.
Dictated and typed on : 23/09/2025.
Signed by HHJ on : 23/09/2025.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Sonali S. Naik
Name of Stenographer25/09/2025 12.00 p.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
23/09/2025
JUDGMENT / ORDER signed by
P.O. on
23/09/2025
JUDGMENT / ORDER uploaded on 25/09/2025
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