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NOTICE OF MOTION

ICICI Bank Ltd.VsLeon Robert Dias

CNR MHCC01002180202014-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 25th August 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100796/2020
Registration Date
20 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1ICICI Bank Ltd.

    Respondent

    1. 1Leon Robert Dias

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 20-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Palak Behel for plff. Present.
    Adv. For deft. Absent.
    Adv. For the plff. Filed draft N/M @ affidavit in support. Order- Leave granted to registered.
    Adv. For the plff. Tendered original N/M No. 796/2020 @ affidavit in support. t.o.r.
    Matter is adjd to 27.02.2020 for reply of NM.
    Next Purpose: REPLY
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Palak for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 02.04.2020 for argument of N/M.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: Duo to Covid-19 Lockdawn
    Reason For Adjournment: National Lock Down
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Business: Due to Covid-19 National Lockdawn
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Business: Due to Covid-19 Pendemic.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Business: Due to Covid-19 pandemic none appeared
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Suyoga Rajguru I/b Vidhii Partners for the plff. Present.
    Matter is adjd to 08.03.2021 for N/M Service.
    Next Purpose: SERVICE
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv.Mandira Dey for plaintiff present.
    Adv. For plaintiff filed Affidavit of service of N/M No. 796/2020 T. O. R.
    O – Seen and Filed.
    Matter is adjd to 23.04.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 05/08/2021 for N/M  Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: P.O. is on leave, hence adjd to 25.08.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Adv. Mandira Dey for plaintiff present.
    Heard Adv. For plaintiff on N/M no.796/20.
    ORDER ON N/M NO.796/20
         It is submitted on behalf of plaintiff that defendant passed away on 20.04.2019.  Plaintiff came to know about death of defendant from the bailiff service report.  After getting knowledge about death of deceased, plaintiff made inquiry regarding legal representatives of the deceased.  Deceased is survived by his parents.  Plaintiff bank did not get information about the legal representatives of the deceased within stipulated period.  Therefore, there is delay of 295 days in making application for bringing legal representatives of the deceased on record.  Plaintiff prayed to condone the delay in bringing legal representatives on record.
          Plaintiff bank is the banking company.  It did not get the information regarding legal representatives of the deceased within stipulated period.  Ignorance about the death of defendant and legal representatives of the deceased deft. was the cause for delay in making the application within stipulated period.  Plaintiff has given sufficient cause for not making the application within stipulated period.  Hence, following order.
    ORDER
    1.    N/M No.796/20 is made absolute in terms of prayer clause (a).
    2.     No order as to costs.
    3.     N/M No.796/20 is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 25-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 102389/2020
    Filing Date: 20-02-2020
    First Hearing Date: 20th February 2020
    Decision Date: 25th August 2021
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Aug 2021

    Order Details: Other Pdf Text: IN THE COURT OF :COURT 14 ASST SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100796/2020 ICICI Bank Ltd. Vs Leon Robert Dias Date : 25082021 Business : Adv. Mandira Dey for plaintiff present. Heard Adv. For plaintiff on N/M no.796/20. ORDER ON N/M NO.796/20 It is submitted on behalf of plaintiff that defendant passed away on 20.04.2019. Plaintiff came to know about death of defendant from the bailiff service report. After getting knowledge about death of…

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