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NOTICE OF MOTION

Mr. Abhay Narendra LodhaVsUnion Bank of India and Anr.

CNR MHCC01002642202059-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 17th October 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100972/2020
Registration Date
02 Mar 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 05-03-2020
Business: Adv. Vivek Singh for plaintiff present.
Adv. Prakash Shinde for defendant no.1 present.
Ld Adv for plaintiff tendered original registered Notice of Motion no. 972/2020 along with affidavit t.o.r.
Ld Adv for defendant no.1 filed reply in NM t.o.r. O- R and R.
Copy of reply in NM is given to the adv for plaintiff in the court today.
Matter adjd for NM hearing to 13-03-2020 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv. Vivek Singh for plaintiff present.
Adv. Niyati Marchant for defendant present.
By consent matter adjd for NM hearing to 18-03-2020 at
2.45 pm
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Adv. Singh and Adv. Megha Gupta for plaintiff present.
None Present for the Deft.
She submits that, the plff is in the process to take out appropriate proceedings to convert the suit into commercial suit.
As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Matter adjd for taking steps by plff as per law on 30/03/2020 at 02.45 pm.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: Matter pertains to C.R.No.20.
By precipe.
Advocate Priyanka Dubey @ Adv. Karan Bhosle for Plff present.
Adv Shri Karan Bhosle for the plff submitted that the plff filed NM  No. 972/20 for stay. The deft filed reply on NM. The matter was posted for args, but due to COVID 19, the matter was posted for steps. The plaintiffs have apprehension that the defendant will proceed and declare them as willful defaulter. Therefore, atleast status quo may be passed in favour of the plff.
Order
Considering record, arguments advanced by the Ld. Counsel Mr. Karan Bhosle on behalf of plff  and precipe, it appears that considering lock down and epidemic of COVID 19, it is just and proper to pass an order to maintain status quo of both the parties. Hence, both the parties are directed to maintain status quo till the decision of NM No. 972/2020.
Adjd to NM hearing  to 19.06.2020.
Sheristeder is directed to issue authenticated copy.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Business: By Praecipe
Due to Covid-19 matter is adjd from 19-06-2020 to 09-09-2020 and today for NM hearing.
Adv Priyanka Dubey for plaintiff present.
Adv Sunil Kadam for defendant no.2 present.
Ex.03   Ld Adv for deft no.2 filed praecipe t.o.r.
order passed on it.
O-   Seen. As per SOP of the Hon\''ble High Court, the matters are taken daily. This matter is not for order or judgment. Hence considering the stage of the matter which is for NM hearing the matter is taken on daily board.
Ex.04   Ld Adv for defendant no.2 filed V/N t.o.r. O- seen and filed.
Ld Adv for deft no.2 filed reply to NM no. 972 of 2020.
Today matter is for NM hearing. The Ld Adv for plaintiff has no objection to take the said reply of the record.
Heard both advocates. Hence reply is t.o.r.
The Ld Adv for plaintiff submits that after going through the reply, plaintiff will file rejoinder if required. Hence matter adjourned for filing rejoinder if any and NM hearing.
Matter adj for rejoinder if any and NM hearing to 27-11-2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REJOINDER
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Adv. Paluck Bengali for defendant No. 1 present.
Adjd for rejoinder to 30/04/2021
Next Purpose: REJOINDER
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Business: Court is vacant
Next Purpose: REJOINDER
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Board is discharged.  Mater adj. to
Next Purpose: REJOINDER
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Court is Vacant Board discharged
Next Purpose: REJOINDER
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: court is Vacant.
Next Purpose: REJOINDER
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: COURT IS VACANT
Next Purpose: REJOINDER
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Matter pertains to C.R.No.59
None present for plaintiff
Adv. Hemant Naik for defendant No.2 present.
Draft Notice of Motion alongwith affidavit in support tendered by defendant No.2.
Order Leave is granted to register the Notice of Motion.
Matter Adjd for tendering original registered NM on 26/04/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: AS PO IS ON TRAINING MATTER ADJD TO
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Matter called out at 3.10 pm
Adv  for plff
Adv  for Defendant
Main matter listed on 24.08.2022.
Matter is adjd on 24.08.2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Matter called out at 3.14 pm
Adv  for plff present
Adv  for Defendant No.2 present
Adv for plff tendered reply to NM 1142/2022 t.o.r.  Copy served upon adv for defendant No.2.
Matter is adjd on 06.09.2022 for NM Argument
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Adv Megha a/w Adv Aamrin and Mubina for plff present
Adv Sunil Kadam for defendant No.2 present
Heard argument of adv for plff on NM 1142/22
Matter is adjd on 19.09.2022 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Matter called out at 3.14 pm
Adv Mubina for plff present
Adv Hemant Naik for defendant No.2 present
K.B. for order
L.O. at 4.30 pm
FRSR FOLLOWING ORDER IS PASSED IN NOTICE OF MOTION NO. 1142 OF 2022
Order
1.  Notice of Motion No. 1142 of 2022 is made absolute in terms of prayer clause (a) and status quo order dated  27.05.2020 is vacated.
2.  Parties to proceed with hearing on Notice of Motion No. 972/2020.
3.  Notice of Motion No. 1142 of 2022 is disposed off.
Authenticated copy of the Roznama be given to the parties.
Matter is adjd on 04.10.2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: By Praecipe
Adv for plff present
Adv for defendant present
He filed application to take the matter on today\''s board t.o.r marked as Exh 5
he further filed application for reinstatement of status quo t.o.r. marked as Exh 6 Copy served upon other side
O- Defendant to file reply.
Matter is adjd on 30.09.2022 for NM Hrg/ reply on Exh 6
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Matter called out at 3.41 pm
Adv Megha a/w Aamrin Malik for plff present
Adv Mitali Devkar for defendant No.1 present
Adv Sunil Kadam for defendant No.2 present
Adv for defendant No.2 submits that he has personal difficulty to argue the NM today.
By consent
Matter is adjd on 03.10.2022 for NM Argument
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Matter called out at 4.40 pm
Adv Megha a/w Aamrin Malik for plff present
Adv Mitali Devkar for defendant No.1 present
Adv Sunil Kadam for defendant No.2 present
Heard adv for plff
Matter is adjd on 04.10.2022 for NM Argument
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv Megha a/w Aamrin Malik for plff present
Adv Mitali Devkar for defendant No.1 present
Adv Sunil Kadam for defendant No.2 present
Heard adv for defendant No. 2 on NM No. 972/2020
Adjourned for argument of defendant No.1 as court time is over.
Matter is adjd on 06.10.2022 for Argument
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: Matter called out at 4.47 pm
Adv Megha Gupta a/w Aamrin Malik for plff present
Adv Prakash Shinde a/w Mitali Devkar for defendant No.1 present
Adv Hemant Naik I/b Sunil Kadam for defendant No.2 present
Heard part argument of adv for defendant No.1.
Matter is adjd on 11.10.2022 for NM Argument
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Matter called out at 4.15 pm
Adv Megha Gupta a/w Aamrin Malik for plff present
Adv Prakash Shinde a/w Mitali Devkar for defendant No.1 present
Adv Hemant Naik I/b Sunil Kadam for defendant No.2 present
Heard part arguments of adv for defendant No. 1 argument on rejoinder of adv for plff.
Matter is adjd on 17.10.2022 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: Adv Mitali Devkar for defendant No.1 present
Adv Hemant Nevle I/b Sunil Kadam for defendant No.2 present
FRSR FOLLOWING ORDER IS PASSED IN NOTICE OF MOTION NO. 972 OF 2020
ORDER
1.  Notice of Motion No. 972 of 2020 is partly allowed in following terms
2.  Defendants, their agents, servants, officers or any person claiming through them are restrained by an order of injunction from acting upon the declaration of the account of GFL as fraud till further order of  the court.
3.  It is made clear that this order shall not affect the recovery proceedings by the banks in any manner whatsoever.
4.  Notice of Motion No. 972 of 2020 is disposed off.
Matter is adjd on 05.12.2022 for Compliance
Nature Of Disposal: ALLOWED
Disposal Date: 17-10-2022

Additional Case Details

Additional Case Details
Filing Number: 102902/2020
Filing Date: 02-03-2020
First Hearing Date: 05th March 2020
Decision Date: 17th October 2022
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
17 Oct 2022

Order Details: Notice of Motion Pdf Text: Order on Notice of Motion No. 972 of 2020. MHCC010026422020 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 972 OF 2020. IN Suit No.471 of 2020. Abhay Narendra Lodha. ..Applicant/ (Plaintiff) In the matter between Abhay Narendra Lodha …Plaintiff V/s. 1.Union Bank of India and Anr. ...Defendants Appearance: Adv Megha Gupta a/w Adv Aamrin and Mubina for plaintiff. Adv. Prakash Shinde a/w Mitali Devkar for defendant No.1. Adv. Hemant…

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