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NOTICE OF MOTION

Mr. Abhay Narendra Lodha - Suit St. No. 823 of 2019VsOriental Bank Of Commerce

CNR MHCC01001891201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 12th July 2019

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100737/2019
Registration Date
20 Feb 2019

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: 20-02-2019
    Business: Adv. Bobade  for pltff  present.
    Adv.  Prakash Shinde a/w Adv Niyati Merchant  for deft. no. 1 and 2  present.
    Exh.B - Adv. Niyati Merchant filed V.K. for deft no. 2.
    Reply filed by deft no. 2.
    Copy served on pltff.
    Heard argument of  pltff
    Time is extended for registration of N/M .
    Registered N/M No. 737 of 2019 filed by pltff.
    Heard argument of  deft partly
    Matter adjd to 25.2.2019 for further arguments at 2.45 p.m.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-02-2019
    
    Date: 25-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Business: Adv. Priyanka Dubey for pltff  present.
    Adv. Sheetal Chaturvedi for deft. no. 1 and 2present.
    Matter adjd to 27.2.2019 for arguments 4.00 p.m. .
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Adv. Priyanka Dubey for pltff  present.
    Adv. Sheetal Chaturvedi for deft. no. 1 and 2present.
    Matter adjd to 28.2.2019 for arguments
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Business: Adv. Bobade I/b Adv. Priyanka Dubey for pltff  present.
    Adv. Prakash Shinde a/w Sheetal Chaturvedi for deft. no. 1 and 2 present.
    Heard.
    Matter adjd to 11.3.2019 for Order
    Next Purpose: ORDER
    Next Hearing Date: 11-03-2019
    
    Date: 11-03-2019
    Business: Court is on leave
    Reason For Adjournment: court time is over
    Next Purpose: ORDER
    Next Hearing Date: 18-03-2019
    
    Date: 18-03-2019
    Business: Adv. Ms. Priyanka Dube @ Adv. Bobade for Plaintiff present.
    None for Defendant present.
    Matter is adjd. for NM on 25.03.209 at 2.45 p.m.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Business: Adv. Mr. Bobade for Plaintiff/ applicant present, requested for admission and denial ad-interim injunction. In short cause suit 823/19, ld adv M.D.P partners, submitted written argument on behalf deft.  However, no reply to NM nor W.S. is filed by deft. Deft to file reply or W.S positively on next date.
    Adv. Ms. Niyati Merchant for Defendant present.
    Matter is adjd.for reply on NM on 03.04.2019.
    Next Purpose: REPLY
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Adv. Mr. Bobade for Plaintiff present.
    Adv. Ms. Niyati Merchand for Defendant  present.
    At consent of both side next date 08.04.2019 is fix for argument on N/M.
    Matter is adjd.for argument on N/M on 08.04.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-04-2019
    
    Date: 08-04-2019
    Business: Adv. Mr. Shriniwas Bobade a/w Ms. Priyanka Dubey for Plaintiff present.
    Adv. Ms. Niyati Merchand  for Defendant present.
    At the request of both side adjd granted r/o 09.04.2019.
    Matter is adjd.for remaining argument on 09.04.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: Adv. Mr. Shriniwas Bobade a/w Ms. Priyanka Dubey for Plaintiff present.
    Adv. Ms. Niyati Merchand  for Defendant present.
    Matter is adjd.for case laws on 10.04.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-04-2019
    
    Date: 10-04-2019
    Business: Adv. Mr. Shriniwas Bobade a/w Ms. Priyanka Dubey for Plaintiff present, argument partly heard.
    Adv. Ms. Niyati Merchand  for Defendant present.
    Matter is adjd.for argument on 11.04.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv. Mr. Shriniwas Bobade a/w Ms. Priyanka Dubey for Plaintiff present, argument partly heard.
    Adv. Ms. Niyati Merchand  for Defendant present.
    Matter is adjd.for NM hearing on 12.04.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2019
    
    Date: 12-04-2019
    Business: Adv. Mr. Shriniwas Bobade a/w Ms. Priyanka Dubey for Plaintiff present, argument partly heard.
    Adv. Mr. Prakash a/w adv Ms. Niyati Merchand  for Deft. no.1 and 2 present.
    Matter is adjd.for NM hearing on 16.04.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: Adv. Mr. Shriniwas Bobade a/w Ms. Priyanka Dubey for Plaintiff present
    Adv. Ms. Niyati Merchand a/w adv. Mr. Prakash Shinde for Defendant no. 1 and 2 present.
    Matter is adjd.for NM argument on 18.04.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-04-2019
    
    Date: 18-04-2019
    Business: Adv. Mr. Shriniwas Bobade a/w Ms. Priyanka Dubey for Plaintiff present
    Adv. Ms. Niyati Merchand a/w adv. Mr. Prakash Shinde for Defendant no. 1 and 2 present.
    Both side arguments are completed.
    Matter is adjd.for order on 24.04.2019.
    Next Purpose: ORDER
    Next Hearing Date: 24-04-2019
    
    Date: 24-04-2019
    Business: None for Plaintiff.
    Adv. Ms. Niyati Merchand for Defendant present.
    Matter is adjd.for order on 04.05.2019.
    Next Purpose: ORDER
    Next Hearing Date: 04-05-2019
    
    Date: 04-05-2019
    Business: Adv A.K Shaikh. for Plaintiff present.
    None for defendant bank.
    Learned adv. Shaikh for plaintiff requested for ad interim injunction , as argument in all 3 NM has been heard by the court.  There is no steno provided to this court, order in Nm 739 /19 is pronounced.  Today is last working day before vacation.  Hence parties to maintain status-quo, i.e defendant shall not obtain any action in view of master circular dated 01.07.2015 or any coercive action against defendant as matter is schedule for order on 25.06.19.
    Matter is adjd. for NM Order on 25.06.19
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-06-2019
    
    Date: 25-06-2019
    Business: Adv. Ms. Sarita Vishwakarma for plaintiff present.
    Adv. Ms. Sheetal Chaturvedi for defendant no.1 and 2 present.
    Adv. ms Chaturvedi requested to vacat the order of status quo. It is objected by adv. Ms. Vishwakarma for plff.
    Both side arguments were heard in three cases.  One was decided on merit.  Therefore, status quo was granted by this court.  The appropriate order will be given on next date.  Till further order of status quo is continued.
    Court time is over.
    Matter is adjd. for NM order on 09.07.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: Adv. Mr. Bobade a/w Adv. Ms. Priyanka Dube for plaintiff present.
    Adv. Ms. Sheetal Chaturvedi for defendant nos. 1 and 2 present.
    Court time over in heavy board.
    Matter is adjd. for NM order on 12.07.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-07-2019
    
    Date: 12-07-2019
    Business: Adv. Ms. Priyanka Dube for plaintiff present.
    Adv. Ms. Sheetal Chaturvedi a/w Adv. Ms.Niyati Merchant for defendant no.1 and 2 present.
    Heard argument of both side.
    F.R.S.R. following order is passed on 737 of 2019.
                         ORDER
    1. The Notice of Motion no. 737 of 2019 is allowed, as per prayer clause a and b.
    2. Defendant bank, personally or through representative are restrained from taking coercive action against plaintiff on account of red flag or fraud account, based on master circular.  Defendant or their representative are restrained from branding the plaintiff as willfull defaulter and publishing the name of plaintiff as defaulter, till further order.
    3. Defendant may submit written statement in detail to expedite hearing.
    4. It is made clear that defendant bank may continue with proceeding under SARFAESI Act, recovery proceeding, attachment and sale of attached property to recover the defaulted loan against plaintiff.
    5. Notice of Motion no. 737 of 2019 is disposed of accordingly. (Contested)
    Adv. Ms. Merchant requested to stay aforesaid order. However, there is no executory order issued by this court. Hence, no stay can be granted.
    Deft bank is at liberty to prefer appeal as prayed by deft bank.
    Plff to intimate or issue notice to deft bank, upon compliance and registration of suit.
    Nature Of Disposal: ALLOWED
    Disposal Date: 12-07-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 102148/2019
    Filing Date: 20-02-2019
    First Hearing Date: 20th February 2019
    Decision Date: 12th July 2019
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Jul 2019

    Order Details: Notice of Motion Pdf Text: N/m No. 737/19 in St. No. 823/19. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 737 OF 2019 (CNR NO. MHCC010018912019) IN STAMP NO. 823 OF 2019 Mr. Abhay Narendra Lodha ...Plaintiff Versus Oriental Bank Of Commerce & Another ...Defendants CORAM : HIS HONOUR JUDGE SHRI G.G.BHANSALI. (C.R.NO.31). DATE : 12th JULY, 2019. Mr. Bobade alongwith Ms. Priyanka Dube, Advocate for Plaintiff. Mr. Prakash Shinde, Advocate for…

    Read Full Order

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