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NOTICE OF MOTION

Bharatkumar Jagdishprasad AgarwalVsKrishnadas Koroth S/O. Anandan / India Bulls Housing Finance Ltd. - Respondent

CNR MHCC01001035202015-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th September 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100412/2020
Registration Date
27 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-02-2020
    Business: NM 412/20 IN EA 120/15(disp off)
    None present.
    LO at 3.05pm
    Adv. Das for plaintiff
    Adv. Jyoti sanap for respondent
    On the request of respondent/objectionist adjd for reply to NM.
    The plaintiff to take steps against the defendant.
    Adjd to 09-03-2020 for reply of respondent.
    Next Purpose: REPLY
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Adv. Nikhil for plaintiff
    Adv. Nigvekar for defendant filed reply to NM 412/20
    Adjd for NM Hearing 19-07-2020
    LO at 4.00pm
    Adv.Nikhil for plaintiff filed Service affidavit of NM 412/20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2020
    
    Date: 19-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Adv Priya Nigvekar for JD
    None for DH
    Matter Adjd 11-06-2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Adv Priya Nigvekar present for the plaintiff.
    None present for the defendant.
    Ld advocate for plaintiff filed draft Ch/s but subsequently submits that she is not pressing the same. Hence, Unregister Ch/s is disposed of.
    Matter is adjd to 14.12.2021 for steps.
    LO
    Adv Nikhil Rajavi present for the respondent.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Adv. Nigvekar for DH present.
    Adv. Jytoi Sanap for the respondent No.2 present.
    Matter is adjd. to 27/01/2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: P.O. is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: Advocate Ms. Nigvekar for DH present.
    Advocate Mr. Apurva Kulkarni  for Objectionist.
    None for JD.
    Advocate of DH filed service affidavit of NM 85/2021.TOR
    Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the DH/plaintiff. O- Leave to register Ch/s is granted.
    Matter is adjd. for NM argument to 06-07-2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Adv. Nigvekar for applicant present.
    None present for respondent.
    Adjd to 05/08/2022 for service on NM.
    Next Purpose: SERVICE
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: As court is vacant.
    Next Purpose: SERVICE
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: None present.
    KB.
    L.O. at 4.30 PM.
    None present.
    Matter stands adjourned  for dismissal on 05-08-2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: Adv.O.A. Das present for plaintiff.
    None present for defendant.
    Plaintiff tendered original register CS No.919/22 TOR.
    Heard counsel of plaintiff on NM 412/2020, put up for argument for Respondent India Bull, defendant is absent.
    Matter stands adjourned NM argument P.H. on 31-08-2023.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 31-08-2023
    
    Date: 31-08-2023
    Business: Adv. Priya Nigvekar for plaintiff is present.
    None present for defendant.
    KB L.O. at 03.25 p.m.
    Adv. O.A. Das for plaintiff is present.
    Heard the counsel of DH. He pointed out that the obstructionist has sold the flat belongs to JD towards the recovery of loan by the obstructionist and realized an amount of Rs.1,35,25,000/-. The obstructionist was having recovery of amount of Rs.49,79,094/- and the DH is entitle for amount approximately 15 lacs. The DH is directed to give specific calculation recoverable from defendant as on today.
    Put up for hearing of obstructionist and judgment debtor.
    Adv. for the plaintiff filed calculation of claim amount. TOR.
    Matter stands adjourned to 30/09/2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Business: Adv.O.A. Das present for plaintiff.
    None present for defendant.
    Heard.
    KB
    L.O. at 4.05 pm.
    F.R.S.R. following order is passed-
    ORDER
    1.Notice of Motion No.412/2020 in Execution Application No.120/2015 in Suit No.814/2013, is hereby allowed.
    2.The objectionist India Bulls Housing Finance Ltd., is hereby directed to deposit an amount of Rs.20,18,835/- in the Court from the surplus amount lying with the objectionist pertaining to the judgment debtor within 1 month from the date of this order.
    3.Notice of Motion is disposed of accordingly.
    (Order dictated and pronounced in open Court)
    Matter stands adjourned for steps on  04-12-2023.
    Nature Of Disposal: ALLOWED
    Disposal Date: 30-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101196/2020
    Filing Date: 27-01-2020
    First Hearing Date: 07th February 2020
    Decision Date: 30th September 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    30 Sept 2023

    Order Details: Notice of Motion Pdf Text: ..1.. NM No.412/2020 MHCC010010352020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.412 OF 2020 (CNR NO.MHCC01-001035-2020) IN EXECUTION APPLICATION NO.120 OF 2015 IN SUIT NO.814 OF 2013 (DISPOSED OF) BHARATKUMAR JAGDISHPRASAD ) AGARWAL )...PLAINTIFF/ DECREE HOLDER VERSUS MR. KRISHNADAS KOROTH S/O. ) ANANDAN )...DEFENDANT/ JUDGMENT DEBTOR AND INDIA BULLS HOUSING FINANCE ) LTD., )...RESPONDENT/ OBJECTIONIST Appearance :- Learned Advocate O. A. Das for plaintiff/decree holder. None for judgment…

    Read Full Order
    Final Order 1Full order available
    30 Sept 2023

    Order Details: Notice of Motion Pdf Text: ..1.. NM No.412/2020 MHCC010010352020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.412 OF 2020 (CNR NO.MHCC01-001035-2020) IN EXECUTION APPLICATION NO.120 OF 2015 IN SUIT NO.814 OF 2013 (DISPOSED OF) BHARATKUMAR JAGDISHPRASAD ) AGARWAL )...PLAINTIFF/ DECREE HOLDER VERSUS MR. KRISHNADAS KOROTH S/O. ) ANANDAN )...DEFENDANT/ JUDGMENT DEBTOR AND INDIA BULLS HOUSING FINANCE ) LTD., )...RESPONDENT/ OBJECTIONIST Appearance :- Learned Advocate O. A. Das for plaintiff/decree holder. None for judgment…

    Read Full Order

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