Azeem Siraj MukadamVsThe Manager, Canera Bank and Ors. +2 more

Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Adv. Vasim Khan for plaintiff present.
None for defendant.
Today matter is for NM reply/ hearing.
Ld Adv for plaintiff submits that though plaintiff filed affidavit of service of NM with copy of plaint but writ of summons are not served to defendants. He submits to issue writ of summons.
Hence, issue writ of summons.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Earlier interim order if any is continued till next date.
Matter adjd for affidavit of service and NM reply to 22-03-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv. Mugdha Sawant I/b Rajkumar Shukla Law firm filed vakalatnama on behalf of defendant No. 1. t.o.r.
Adjd for affidavit of service to 02/07/2021
L. O at 3.00 pm
Adv. Wasim Khan  for plaintiff present.
L. O at 4.00 pm
Adv. Vishal Salvi filed vakalatnama on behalf of defendant No. 2. t.o.r. O-Read and recorded.
Later on
Adv. Saraswati Purohit for deft no.1 present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Board is discharged.  Matter adj. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Court is Vacant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: COURT IS VACANT
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Adv Wasim Khan for plff present.
None for defendants.
Earlier order if any, continued till next date.
Adjd for  reply on N/M on 11.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Adv Wasim Khan for plff present
Adv Rahul Salvi for def No.2 present.
Adv H.I.Sirguroh for Def No.3 present.
Adv for def No.2 tendered draft NM a/w supporting affidavit.
Leave is granted to register NM
On 15.06.2022, defendant No.3 tendered draft NM and advocate for defendant No.3 had pressed for ad-interim relief in terms of clause (b) of Notice of Motion.  I have heard advocate for defendant No.3 as well as advocate for plaintiff on the said prayer of defendant No.3.  Perused record. It shows that on 03.07.2020, on the NM No. 1219/20, filed by the plaintiff, ad-interim order is passed, restraining Defendant Nos. 2 and 3 from withdrawing any amount out of their respective accounts bearing account No. 2668101107134 and Ac No. 2668101106654 in defendant No.1 Bank.  Initially the order was passed till 17.08.2020 and thereafter from time to time the said order is extended till date.  Adv for defendant No.3 submitted that the order dated 03.07.2020 is obtained by the plaintiff by misguiding the court and plaintiff has not complied with the provisions of Order 39 Rule 3 or Rule 3A of CPC. Defendant No.3 was not in India, however, her false signature is shown in the notice.  He further submitted that the amounts in fixed deposits are not appropriated in the account of defendant No.3 and those Fix Deposits will mature in 2025.  He submitted that because of the order, defendant No.3 is unable to operate her account.  Ultimately, he submitted that defendant No.3 may be permitted to deal with her bank account by ordering her to maintain minimum balance proportionate to the aggregate amount of Fixed Deposits, to which defendant No.3 is shown as Nominee.  On the other hand, advocate for the plaintiff submits that defendant No.3 is duly served on 04.07.2020 in compliance of Order 39 Rule 3 of CPC and she was in India.  Defendant No.3 was aware of the proceedings since beginning.  Writ of Summons as well as Order dtd 03.07.2020 is served upon defendant Nos. 2 and 3.  Defendant No.3 is requesting to vacate the order without filing reply and without filing proceeding to set aside exparte order.  He is served with the copy of NM on 14.06.2022 and he requires time to file reply.  Ultimately, he requested that ad-interim relief be not granted to defendant No.3.  Having heard both sides at length, I have gone through the record of the case.  It is matter of record that order 03.07.2020 is passed without notice to defendants.  So far as objection of the defendant No.3 regarding non-compliance Order 39 Rule 3 of CPC is concerned, service affidavit filed by the plaintiff pursuant to order dtd 03.07.2020, indicates that copy of the order along with Notice of Motion and supporting affidavit is served upon defendant No. 2 and 3 on 04.07.2020.  Adv for defendant No.3 submits that the signature appearing on the notice dtd 04.07.2020 is not of defendant No.3 and in fact defendant No.3 was not in India at the relevant time.  However, no documents to that effect are produced on record at this stage.  Moreover, the next contention of defendant No.3 that the amounts of two Fix Deposits to which defendant No.3 is shown as Nominee is not deposited in the account of defendant No.3 and those Fix Deposits will mature in 2025.  In this regard as well, no documents are before the court.  The order is in existence since 03.07.2020. It is hard to accept that defendant No.3 was unaware of the order till filing this Notice of Motion.  Almost for last two years, no steps are taken by defendant No.3 to agitate her cause before the court. Notice of Motion filed by the plaintiff is still pending for reply. If defendants file reply to the NM No. 1219/2020, it can be heard and decided on merit expeditiously.  Advocate for plaintiff raised objection that without setting aside exparte order, the NM tendered by defendant No.3 is not maintainable.  However, it is the matter of record that no express exparte order against defendant No.3 is passed in the suit.  Even the affidavit of service in respect of Writ of Summons is not on record.  In these circumstances, in my considered view, the NM tendered by defendant No.3, without setting aside exparte order, is maintainable and leave can be granted to register the same.  However, in view of the foregoing discussion, no case is made out by defendant No.3 to vacate, alter or modify order dtd 03.07.2020.  Today advocate for plaintiff raised objection that NM is filed on behalf of defendant No.3 by POA holder.  However, the document of POA is not annexed with the Motion.  Advocate for defendant No.3 submits that he is ready to produce POA.  Therefore, leave can be granted to register NM filed by defendant No.3.  However, request of defendant No.3 to grant ad-interim relief in terms of prayer clause (b) of the NM is refused.  Pursuant to the above order, leave is also granted to register NM tendered by defendant No. 2.  Defendant Nos. 2 and 3 to tender register NM on next date and service affidavits.
Matter is adjd on 24.06.2022 for Reply of NM
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Adv  for plff present
Adv  for Defendant No.3 present
Adv for def No.3 tendered registered NM a/w affidavit.
He further tenderd service affidavit t.o.r.
Adv for def No.3 tendered affidavit in reply to NM 2125/2022.  Copy served upon plff and def No.1 and 2.
Adv for plff tendered affidavit in reply to NM  2125/22.  Copy served upon def Nos. 2 and 3.  And adv for plff undertakes to serve copy of reply on def No.1.  Adv for def No.3 undertakes to tender POA of def No.2 on next date.
Adv for def No.2 tendered registered NM 2169/22 a/w affidavit.
Adv for def No.2 tendered affidavit in reply to NM 1219/20 t.o.r.
Adv for plff submits that he adopts reply filed to NM 2125/22 as reply to NM 2169/22.
Matter is adjd on 11.07.2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Adv Wasim Khan for plff present
Adv Rahul Salve for Defendant No.2 present
Adv M.A.Khan for def No. 3 present
Adv for def No.3 tendered list of documents a/w documents t.o.r. marked as Exh 2
Matter is adjd on 18.07.2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Matter called out at 2.56 pm
Adv Wasim Khan for plff present
Adv for Defendant present
Adv for the plff seeks to tender compilation of documents.
Adv for def No.3 objects the said request on the ground that the matter is for argument.  Yet the parties are to commence the arguments.  Def No.3 has opportunity to tender counter documents if any.  Therefore, the compilation of documents is t.o.r.
Heard part arguments of adv for plff.
Matter is adjd on 28.07.2022 for Arguments
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: Matter called out at 2.57 p.m.
Adv Wasim Khan for plff present.
Adv  for Defendant no.3 present.
Adv for plff submits that he has health issues to complete the arguments today. Short adjd in view of personal reason of advocate of plff is granted.
Matter is adjd on  08/08/2022 for NM hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Matter called out at 3.23 pm
Adv Bushra Khan H/f Wasim Khan for plff present
Adv Rahul Salve for Defendant No.2 present
Adv Parth Vadhan for defendant No.3 present
All the advocates present before court submit that the matter is wrongly listed on today\''s board and in fact the next date is 11.08.2022.  In this matter adv for plff and and adv for defendant No.3 both have argued on NMs.  Yet adv for def No.2 is to argue.  He is ready to argue on today.  Other advocates present in the court have no objection to hear the arguments of defendant No.2.
K.B. L.O. at 4.30 pm
Heard argument of adv for defendant No.2 on NM 1279/2020, NM 2168/22 and NM 2169/22.
Matter is adjd on 11.08.2022 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Matter called out at 11.18 am
None for plff
Adv Rahul Salve for Defendant No.2 present
Adv Parth Vadhan H/f Vrudhi Legal and Associates for Defendant No.3 present
K.B. for order
L.O. at 5.00 pm
FRSR FOLLOWING ORDER PASSED IN Notice of Motion No. 1279/2020
Order
1. Notice of Motion No. 1279 of 2020 is partly allowed in following terms-
2.  Defendant No. 3 is restrained from withdrawing amount in fixed deposit receipts deposited by her, bearing Nos. 2668401007390/10, 2668401007390/11, 2668401007390/12 till further order of the Court.
3.  Defendant No. 2 is restrained from operating and withdrawing any amount from her account with defendant No.1- Bank bearing account No. 2668101107134 till she produces status of four fixed deposit receipts, which are annexed with Exh.C(Colly) with the plaint at page Nos.17 to 20 and till further orders are obtained from this Court in that regard. Defendant No.1-Bank is directed to provide necessary information to defendant No.2 in respect of the said deposit receipts.
4. The prayer clause (a) hereby not expressly granted and prayer clause (b) of the Notice of Motion stands rejected.
5.  Notice of Motion No. 1279 of 2020 is disposed of accordingly.
Order On Notice of Motion No. 2169 of 2021.
Notice of Motion No. 2169 of 2022 is taken out by defendant No. 2 to set aside exparte order dated 03.07.2020.  The reply of defendant No. 2 to Notice of Motion No. 1279 of 2020 is already taken on record .  Therefore, Notice of Motion No. 2169/2022 stands disposed off.
As conditional order restraining defendant No.2 from  operating her  account with defendant No.1-Bank is passed in Notice of Motion No. 1279/2020 till she submits the status of FDR, in view of the prayer in Notice of Motion No. 2168 of 2022 the said Notice of Motion is kept pending for hearing.
Order Below Notice of Motion 2125 of 2022
By taking out this Notice of Motion, defendant No.3 has prayed to vacate the ex-parte order dated 03.07.2020 passed in Notice of Motion No. 1279 of 2020.  The Notice Of Motion No. 1279 of 2020 is decided on merit and disposed of. Therefore, Notice of Motion No. 2125 of 2022 also stands disposed of accordingly.
Matter is adjd on 17.09.2022 for Hrg on NM No. 2168 of 2022
Judge
Next Purpose: HEARING
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Matter called out at 3.11 pm
Adv for plff present
None for defendant No.2
Adv for defendant No. 3 present
Matter is adjd on 24.11.2022 for Compliance
Later on at 3.22 pm
Adv Rahul Salve for def No.2 present
Next Purpose: COMPLIANCE
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: Matter called out at 4.05 pm
Adv Wasim Khan for plaintiff present
Adv Naznin and Rahul Salve for defendant No.2 present
Adv Parth Vadhan for defendant No. 3 present
Adv for plaintiff and adv for defendant No.2 tendered consent terms t.o.r marked as Exh 3
Plaintiff and defendant No.2 are present alongwith their respective advocates.  The contents of the consent terms are read over to them.  They admit the same to be correct.  The consent terms are R and R.  The consent decree be drawn between plaintiff and defendant No.2  in terms of consent terms Exh.3.  The suit to proceed against other defendants.  As plaintiff and defendant No.2 have settled the claim, Notice of Motion No. 2168 of 2022 taken out by defendant No.2 stands disposed off.
Matter is adjd on 05.01.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: Matter called out at 03.19 p.m.
Adv. Wasim Khan for plff present.
Adv. Parth S. Vadhan for defendant No.3 present and submits that he has not received copy of consent terms. Copy of consent terms be served upon Adv. for defendant No.3.
Matter is adjd on 15/03/2023 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Adv. Wasim Khan for plaintiff present and submits that copy of plaint and documents are already served upon defendants and they have already filed their appearance. He further submits that no WS order be passed against defendants.
None for defendant.
Defendant no. 1 and 3 have not filed written statement. O- Put up for further order.
Matter is adjd on 16-06-2023 for WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Plaintiff present.
Adv.Kinjal Gogri h/f Adv.Wasim Khan for plaintiff present.
None for defendant.
Matter was kept for order on failure of defendant No.1 and 3 to file Written Statement.  Today both defendants and his advocate are absent.  No WS is filed on record.  Hence, suit be proceeded without Written Statement of against defendant No.1 and 3.
Matter is adj to 04/08/2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
Matter is adj to 23/10/2023 for evidence of plaintiff.
Later on at 12.37pm
Plaintiff present.
Adv.Parth S.Vadhan for defendant No.3 present.
Parties to take note that the lok-adalat is likely to be held on 09/09/2023, hence either party may submit prior to that the matter be kept in lok-adalat if there is possibility of settlement.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Plaintiff present.
None for defendant.
At the request of plaintiff matter is kept back.
Matter called out at 11.38am
Adv. for plaintiff present.
None for defendant.
kept back.
Matter called out at 11.57am
Adv. Wasim Khan for plaintiff present.  He filed affidavit of service in respect of defendant No.1. T.O.R marked as Exh-4.
Def.No.1 is served on 17/03/2021.  Though defendant No.1 and 3 appeared failed to file WS hence suit be proceeded without their written statement.
Matter is already settled between plaintiff and defendant No.2.
Matter is adj to 18/12/2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
Adv.Afnan Husain for defendant No.3 present.
Matter is adj to 20/02/2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.for plaintiff present.
Adv.Parth S.Vadhan and Adv.Afnan for defendant No.3 present.
Matter is adj to 19/04/2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None present.
Matter is adj to 18/07/2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Not on board taken on board matter moved by precipe Adv.Wasim Khan for plaintiff (Exh-4). Order-Allowed.  He filed application for withdrawal of the suit marked as Exhibit-5.
Application Exh-5 is allowed as prayed for.
ORDER
1. Suit No.1153 of 2020 of is disposed of as withdrawn.
2. Court fees be refunded as per the rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 13-06-2024

NOTICE OF MOTION/102169/2022
NOTICE OF MOTION/102168/2022
NOTICE OF MOTION/102125/2022

Registration Number: 101153/2020
Transfer Date: 11-06-2021
From Court: 20 - Court 59 ADDL SESSIONS JUDGE
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Filing Number: 103852/2020
Filing Date: 30-06-2020
First Hearing Date: 06th November 2020
Decision Date: 13th June 2024
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE