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NOTICE OF MOTION

Topworth Tollways Bela Pvt. Ltd(Com. SU St. No. 3872/ +1 moreVsCentral Bank of India

CNR MHCC01003618202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 22nd December 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101257/2020
Registration Date
16 Jul 2020

Advocates

3

For Respondent

Parties

3

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 9

Case History / Proceedings

Case History
Date: 18-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-09-2020

Date: 05-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI  R.V. KOKARE(C.R.31)
Adv Vivek Singh for plff present.
None for deft.
Regd NM No. 1257/2020 tendered by plff.
It is directed to plff to convey next date and stage of this matter  to the defts.
Earlier order, if any, is continued till next date.
Matter adjd for appearance and reply to 14/09/2020.
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 Vivek Singh for plff present.
None for deft.
It is directed to plff to  serve NM to the deft.
Earlier order, if any, is continued till next date.
Matter adjd for service of NM to the deft to  19/09/2020.
                                                                                    Judge
Next Purpose: SERVICE
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: Adv. Vivek Singh for plaintiff present.
None present for defendant.
Earlier order if any, to continue till next date.
Adjd. for affidavit of service to 22/10/2020.
Next Purpose: SERVICE
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Business: As Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: Adv. Priyanka Dubey for plaintiff present.
None present for defendants.
Earlier order if any, to continue till next date.
Adjourned for NM hearing on 27.11.2020.
Next Purpose: SERVICE
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: Advocate Megha Gupta for plaintiff is present.
None present for defendant.
It is already directed to the plaintiff to serve writ of summons to the defendants. Till this date the plaintiff has not complied. Advocate for the plaintiff is requested to adjourned short date for service of writ of summons on the defendant. Request is allowed.
Earlier order if any, to continue till next date.
Adjourned for service of writ of summons to 22.12.2020.
                                                                                Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Advocate Aamrin Malik for plaintiff is present and filed service affidavit.
Advocate M. R. Patel for defendant is present and requested short adjournment for NM reply. Request is allowed.
Exh.1 - Plaint.
Exh.2 - V/P of plaintiff.
Exh.3 - Memorandum of address.
Exh.4 - List of documents.
Exh.5 - Advocate for plaintiff filed service affidavit.
Earlier order if any, to continue till next date.
Adjourned for NM reply to 21.01.2021.
                                                                                Judge
Next Purpose: REPLY
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Adv. Aamrin Malik for plaintiff present.
Adv. M. R. Patel for defendant is present.
Exh. 6 - reply affidavit on NM is submitted by defendant, copy served to plaintiff. It is assured by plaintiff that no rejoinder will be file by plaintiff.
Matter is adjd.to 05-02-2021 for NM Argument.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv. Amrin Malik  for plaintiff ,prayed for adjournment as counsel engaged is not available.
Adv. M. R. Patel for defendant is present.
Plaintiff to note register the suit  positively within a week.
Matter is adjd.to 16-02-2021 for NM Arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Adv. Ms. Amrin Mallik for plaintiff present.
Adv. Mr. Shubham Sawant for defendant present.
Consent of both parties.
Matter is adjd.to 24.02.2021 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv. Ms. Amrin Malik for plaintiff, prayed for adjd. r/o.04.03.2021 as arguing counsel will argue the matter on 04.03.2021.
Adv. Manisha Patel for deft. present.
Exh.7- V/P of Adv. Manisha Patel for deft bank.
Plff to register the suit positively before next date.
Adv. Patel for deft. submits that plff is intestinally avoiding to register the suit.  Plff to note in default to register the suit before next date, court may impose cost.
Matter is adjd.to 04.03.2021 for
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv. Mr. Bobade a/w Adv. Ms. Amrin Mallik for plff., prayed for adjd as none is present on behalf of deft bank.
None for defendant.
Adv. Mallik for plff., prayed for short adjd. to complete registration.
Matter is adjd.to 16.03.2021 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv. Mr. Mayank Tripathi for plaintiff, prayed for adjd. to engage new counsel as previous counsel is suffering from Covid Positive.
Adv. M.R. Patel for defendant, raised strong objection as suit is yet not registered and there is no writ of summons since six months.
It is assured by plff to register the suit positively in one week.
Plff. to note, it was repeatedly directed to register the suit.
In default to register in a week, court may proceed appropriate order.
Next date 26.03.2021 is given at the request of plff.
Earlier order if any, to continue till next date.
Matter is adjd.to 26.03.2021 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: Adv. Ms. Amrin Malik for plaintiff, submits that suit is registered as Com.SU. 209/2021.  It is prayed for adjd. as ld counsel Adv. Mr. Bobade is suffering from Covid-19.
Adv. Mr. Shubham Sawant h/f Adv. M.R. Patel for defendant, submits no objection.
Earlier order if any, to continue till next date.
Matter is adjd.to 09.04.2021 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Adv. Mr. Shrinivas Bobde with Malik for plaintiff is ready to argue the matter.
None for defendant, hence adjd.
Earlier order if any, to continue till next date.
Matter is adjd.to 26.04.2021 for n/m arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 17.06.2021 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: Court is on leave
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Both parties are absent when matter called out.
Matter is adjd.to 21-10-2021 for NM Hrg and writ of
summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Adv. Mr. Mayank Tripathi for plaintiff present and received copy of W.S. (Exh.10).
Adv. Mr. Shubham Sawant for defendant present.
Matter is adjd.to 15-01-2022 for n/m hearing at 2.45 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Adv. Aamrin Malik i/b Hedgehog and Fox LLP for plaintiff
present  and prayed for adjournment  short date be given.
Adv. M. R. Patel for defendant present.
Matter is adjd.to 25-04-2022 for NM hearing (2.45pm).
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv. Amrin Malik for plaintiff present  and prayed for adjournment - short date be given.
Adv. Shubham Sawant  for defendant present.
Matter is adjd.to 29-06-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Adv. Dimple Ashar for plaintiff present.
Adv. Ms. M. R. Patel for defendant present and tendered draft NM along with affidavit in support. O- Leave granted to register notice of motion. Copy of said NM be served upon plaintiff.
Adjd for NM reply/NM hearing to 23/09/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Adv. Mayank Tripathi for plaintiff present.
Adv. Ms. M. R. Patel for defendant present and tendered registered NM No. 3277/22 along with affidavit in support.
Adv. for plaintiff stated that he does not desire to file written reply NM no. 3277/22 and he will argue the Notice of motion on. 3277/22 orally.
Adjd for NM hearing to 07/10/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Adv. Mayank Tripathi for plaintiff present.
Representative of defendant present and sought time.
Adjd for NM hearing to 14/10/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: Adv. Amreen malik for plaintiff present and sought time to argue NM . Granted as last chance.
Adv. M. R. Patel for defendant present.
Adjd for NM hearing to 20/10/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: None present for plaintiff.
Adv. Patel for defendant.
L.O.
Adv. Megha Gupta a/w. Adv. Dimple Ashar for plff. present.
Adv. M.R. Patel for deft. Present.
Heard argument of both sides on NM No. 3277 of 2022.
Adjd. to 01.11.2022 for order in NM No. 3277 of 2022 and argument on NM No. 1257/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: Adv. Dimple Ashar for plaintiff present.
Adv. M. R. Patel h/f Adv. Manjiree Yewale for defendant present.
Court is busy in passing orders in other suit hence adjourned.
Adjd for NM orders to 05/11/2022
Next Purpose: NM  ORDERS
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Adv. Dimple Ashar for plaintiff present.
Adv. M. R. Patel for defendant present.
Court is busy in passing order in other suit hence adjourned.
Adjd. to 11.11.2022 for NM Orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: Adv. Amrin Malik for plaintiff present.
Court is busy in passing order in other suit hence adjourned.
Adjd for NM orders to 18/11/2022
Next Purpose: NM  ORDERS
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: Adv. Shruti Kothavade for defendant present.
Ad. Mubina for plaintiff present.
court busy in passing order in other suit hence adjourned.
Adjd for NM orders to 23/11/2022
Next Purpose: NM  ORDERS
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: Adv. Mayank Tripathi for plaintiff present.
Adv. M. R. Patel for defendant present.
FRSR the following order Is passed in NM No. 3277/2022
ORDER
1. The Notice of Motion No. 3277 of 2022 in Commercial Suit no. 209 of 2021 is allowed.
2. Ex-parte status-quo order passed on 04/07/2020 is set aside and Status-quo stand vacated.
3. The Notice of Motion No. 3277 of 2022 is disposed off accordingly.
4. The proceeding of Notice of Motion no. 3277 of 2022 is closed.
Adjd for MN no. 1257/20 hearing to 08/12/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: None present when called.
Parties are directed to argue NM on next date.
Adjd for NM hearing to 22/12/2022
L. O
Adv. Aamrin malik along with adv. Megha i/b Hedgehog and Fox for plaintiff present.
Adv. Manjiree Yewale h/f Adv. M. R. Patel for defendant present and seeking time to argue NM.
Ld. adv. for plaintiff strongly objected for adjournment. She is ready for arguments.
Considering submission and as other matters are kept for hearing this matter is adjourned.
Defendant is directed to argue matter on next date without fail.
Adjd for NM Hearing to 09/12/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv. Megha Gupta along with adv. Dimple Ashar for plff. present.
Adv. M.R. Patel for deft. Present.
Heard arguments of adv. Megha Gupta for plaintiff on NM no. 1257/20
Adjd for arguments of adv. for defendant on NM no. 1257/20 to 12/12/2022 at 3.30 pm
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Dimple Ashar i/b Adv. Megha Gupta for plaintiff present.
Adv. Smt. M. R. Patel for defendant present is ready to argue NM.
Court is busy in passing order in other suit and hearing arguments in NM In other suit hence adjourned.
Adjd for NM arguments to 15/12/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Adv. Priyanka Dubey along with Adv. Megha Gupta, Adv. Dimple Ashar, Adv. Sanjay Thakur for plaintiff present.
Adv. M. R. Patel along with adv. Shruti K. for defendant present.
Heard Adv. for defendant on NM No. 1257/20 partly.
Adjd for NM arguments to 16/12/2022
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Adv. Priyanka Dubey along with adv. Megha gupta and Dimple Ashar for plaintiff present.
Adv. M. R. Patel for defendant present and tendered list of documents t.o.r. and marked as Exh.  12
Heard arguments of adv. M. R. Patel for defendant and reply arguments of adv. Priyanka Dubey for plaintiff on NM No. 1257/20
Adjd for NM reply arguments of adv. for defendant to 17/12/2022 at 1 pm
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: Adv. Priyanka Dubey for plaintiff present.
Adv. M. R. Patel for defendant present.
heard both sides on NM No. 1257/20
Adjd for NM orders to 19/12/2022
Next Purpose: NM  ORDERS
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Adv. Ms. Priyanka Dubey a/w Adv. Megha Gupta for plaintiff present.
Adv. Ms. Manjari Yewle h/f Adv. M. R. Patel for defendant present.
Court is busy in passing order in Commercial Suit no.29/19, Commercial Summary Suit 09/19 and Commercial Summary Suit 260/22.
Adjd for NM Orders on 21.12.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Adv. Dimpal Ashar h/f. Adv. Sanjay Thakur for plaintiff present.
Adv. Manjiri Yewle i/b. Ms. M.R. Patel for defendant present.
Case is adjourned for order on 22.12.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: Adv. Dimple Ashar for plaintiff present.
Adv. Shruti Kothavade I/b Adv. M. R. Patel for defendant present.
F.R.S.R. following order is passed in NM 1257 of 2020
                           ORDER
1. Notice of Motion no.1257 of 2020 is partly allowed in terms of prayer clause (b).
2. The defendant, its agents, servants, offices and/or any person claiming through the defendant is hereby temporarily restrained from acting upon and/or taking any action in any manner of whatsoever nature on the basis of defendants impugned action of declaration of account of the plaintiff no.1 as Fraud till further order.
3. The defendant bank may continue with the recovery proceeding and attachment of the property against the plaintiff for recovering defaulted loan.
4. The suit is expedited and defendant is directed to file written statement.
5. Notice of Motion no.1257 of 2020 is disposed off accordingly.
Adjd to 18.01.2023 for filing written statement.
Nature Of Disposal: ALLOWED
Disposal Date: 22-12-2022

Additional Case Details

Additional Case Details
Filing Number: 103901/2020
Filing Date: 16-07-2020
First Hearing Date: 18th July 2020
Decision Date: 22nd December 2022
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
22 Dec 2022

Order Details: Notice of Motion Pdf Text: 1 N/M No. 1257/2020 in Comm. Suit 209/2021 MHCC010036182020 NOTICE Of MOTION NO.1257 OF 2020 IN COMMERCIAL SUIT NO. 209 OF 2021 CNR NO. : MHCC010036182020 Topworth Tollways Bela Pvt. Ltd. & Anr. … Plaintiffs Versus Central Bank of India … Defendant Appearance: Adv. Megha Gupta along with Adv. Priyanka Dubey along with Adv. Dimple Ashar for Plaintiffs. Adv. M.R. Patel along with Adv. Shruti K. for Defendant. CORAM : SHRI. A.S.SALGAR ADHOC…

Read Full Order

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