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NOTICE OF MOTION

Mr. Kunal Jiwarajka and Anrs.VsYes Bank Ltd

CNR MHCC01003374202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 29th September 2020

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101220/2020
Registration Date
20 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 09

    Case History / Proceedings

    Case History
    Date: 27-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Business: National lockdown due to Covid 19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: National Lockdwon due to Covid 19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: CORAM HHJ. SHRI R.V. KOKARE, LOCKDOWN C.R. NO.03
    By precipe.
    Advocate Priyanka Dubey a/w. Adv. Karan Bhosle for Plff present.
    Advocate for defendant is absent.
    Service on the defts by email.
    On perusal of the record, it appears that the original stage of this matter is  tendering regd NM  and reply.
    Adv Shri Karan Bhosle  for the plff submitted that the plff filed NM No. 1220/2020 for stay. But due to considering lockdown and epidemic COVID 19, 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.1220/2020.
    It is hereby directed to the plff and its adv to comply Order 39 Rule 3 of C.P.C. .
    Adjd to NM order to 19.06.2020.  for compliance and filing reply and written statement.
    Sheristeder is directed to issue authenticated copy.
    Next Purpose: REPLY
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 15-07-2020
    
    Date: 15-07-2020
    Business: National Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Business: National Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Business: CORAM HIS HONOUR JUDGE SHRI  R.V. KOKARE(C.R.31)
    Adv Nimay Dave a/w. Adv. Megha S. Gupta for plff. present.
    Adv Ms.Anamika i/b. Induslaw for deft present.
    Registered NM No. 1305/2020 and NM.No. 1306/20 tendered by the deft.
    Adv for plff filed reply  on NM taken out by the deft. Its copy served on the deft.
    Adv for plff filed rejoinder to his NM.
    Earlier order, if any, is continued till next date.
    Matter adjd for hearing on NM to 14/09/2020.
                                                                                        Judge
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 12-09-2020
    
    Date: 12-09-2020
    Business: CORAM  HIS HONOUR JUDGE SHRI  R.V. KOKARE(C.R.31)
    By precipe.
    Adv Nimay Dave a/w. Adv. Megha Gupta for plff. present and filed NM No.1220/20 .
    Adv Ms.Anamika i/b. Induslaw for deft present.
    Heard arguments of  both sides on notice of motion.
    Earlier order, if any, is continued till next date.
    Both advs for both the parties are requested time granted to them for giving notes of arguments.  Request is allowed.
    Matter adjd for  filing notes of arguments on 16/09/2020.
                                                                                        Judge
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: CORAM  HIS HONOUR JUDGE SHRI  R.V. KOKARE(C.R.31)
    Plff and adv are absent.
    Adv.Ms. Prapti  Kediya for deft present and requested short adjmnt. for filing written notes of arguments. Allowed subject to last chance.
    Earlier order, if any, is continued till next date.
    Adjd for filing written notes of arguments to 19/09/2020
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Business: Adv Vivek Singh for plff present and filed written notes of arguments.  Its copy served on deft.
    Adv Ms. Anamika  for deft.  present and filed written notes of arguments.
    Earlier order, if any, is continued till next date.
    Matter adjd  for order on NM  No. 1220/2020  to  29/09/2020.
    Next Purpose: ORDER
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: Advocate Vivek Singh for plaintiff is present.
    Advocate Ms. Prapti for defendant is present.
    F.R.S.R the following order is passed on N/M No. 1220/2020
                                           ORDER
    1. The Notice of Motion No. 1220/2020 is allowed.
    2. The defendant personally or through its agents, servants or representatives, officers and/or any person or authorities claiming through them are hereby temporarily restrained from taking any coercive action upon notice dated 12.12.2019 issued by the defendant bank and from branding the plaintiffs as willful defaulters and taking any coercive action including publication of names of plaintiffs as willful defaulter till final disposal of the suit.
    3. It is needless to say that defendant is at liberty to proceed against the plaintiffs regarding recovery proceedings, attachment, sale of attachment property to recover the defaulted loan.
    4. Cost in cause.
    5. Notice of Motion No. 1220/20 is disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 29-09-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 103737/2020
    Filing Date: 20-03-2020
    First Hearing Date: 27th March 2020
    Decision Date: 29th September 2020
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    29 Sept 2020

    Order Details: Notice of Motion Pdf Text: 1 IN THE COURT OF BOMBAY CITY CIVIL COURT, GR. BOMBAY NOTICE OF MOTION NO. 1220 OF 2020 IN COMMERCIAL SUIT NO. 450 OF 2020 (CNR NO.MHCC010033742020) Mr.Kunal Jiwarajka & Ors. ) ...Plaintiffs. V/s. Yes Bank Limited ) ...Defendant. CORAM: HIS HONOUR JUDGE SHRI R.V.KOKARE DATE : 29/09/2020 (C.R.No.31) Appearance: Adv Nimay Dave a/w. Adv Ms. Megha Gupta for plaintiffs. Adv. Ms.Anamika i/b. Induslaw for defendant. ORDER This is a notice of motion…

    Read Full Order

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