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NOTICE OF MOTION

Komal Vineet DujodwalaVsReligare Finvest Ltd. and Anr.

CNR MHCC0100140020203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 05th March 2020

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100539/2020
Registration Date
04 Feb 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1Komal Vineet Dujodwala

Respondent

  1. 1Religare Finvest Ltd. and Anr.

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 05-02-2020
Business: Adv. Nikhil Patil with Adv Gajanan Shinde for plaintiff present and filed original writ of summons.
Adv. for defendant no. 1 present and filed original NM no. 539/20 along with affidavit.
Adv. Nishant Rana with Adv. Chinmayee Ghag for defendant no. 2 present and filed reply to NM no. 434/20. Copy served on other side.
Heard both sides on NM no. 539/20 for some time.
Ld. counsel for both the sides fairly submitted that pleadings in the motion are complete. they have no objection to frame the preliminary issue as to the jurisdiction of the court in view of NM no. 539/20 filed by the defendants and after hearing both the side to decide the same on the merits.
In view of the above, preliminary issues are framed in the suit.
Preliminary issues as to the jurisdiction of the court are framed.
Matter stands Adj for hearing on preliminary issues and Nm no. 539/20 and 434/20 to 11.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: The court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Adv. Patil for plaintiff present.
Adv. Nishant Rana for defendant no. 1 and 2 present.
  FRSR following order is passed below
                                  ORDER
1.         NM no. 539 of 2020 is hereby allowed and made absolute.

2.      In the present suit, the plaint is liable to rejected under order 7, Rule 11(d) of the CPC as barred by provisions of section 34 r/w section 17 SARFAESI Act, 2002 and it is rejected accordingly.
3.         A decree shall be drawn.
4.         Parties shall bear their own costs.
           NM no. 539 of 2020 and the suit is disposed of accordingly and so also NM no. 434 of 2020 is disposed of as infructuous.
Nature Of Disposal: ALLOWED
Disposal Date: 05-03-2020

Additional Case Details

Additional Case Details
Filing Number: 101531/2020
Filing Date: 04-02-2020
First Hearing Date: 05th February 2020
Decision Date: 05th March 2020
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

Orders

1
Final Order 1
05 Mar 2020
Order Details: Notice of Motion
Pdf Text: 05.03.2020
DB
CORAM : HIS HONOR JUDGE, CITY CIVIL COURT
SHRI. V.V. VIDWANS (Court Room No. 03)
SU 2880/19 Adv. Patil for plaintiff present.
Adv. Nishant Rana for defendant no. 1 and 2 present.
FRSR following order is passed below
ORDER
1. NM no. 539 of 2020 is hereby allowed and made absolute.
2. In the present suit, the plaint is liable to rejected under
order 7, Rule 11(d) of the CPC as barred by provisions of section
34 r/w section 17 SARFAESI Act, 2002 and it is rejected
accordingly.
3. A decree shall be drawn.
4. Parties shall bear their own costs.
NM no. 539 of 2020 and the suit is disposed of accordingly
and so also NM no. 434 of 2020 is disposed of as infructuous.
Judge
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