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NOTICE OF MOTION

Abhay Lodha and ors. - Comm. Suit St. No. 4201/2020VsState Bank of India

CNR MHCC01003762202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 08th December 2020

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101283/2020
Registration Date
14 Aug 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-08-2020
    Business: Adv Ms. Megha Gupta for plff is present.
    Adv. Niyati Merchant for deft no.1 is present.
    Adv. Ms. Sandhya Nanaware for deft no.2 is present.
    Plaintiff filed service affidavit of both defts.
    Adv for deft no.2 filed undertaking requesting that she will file Vak on behalf of deft no.2 on next date.
    Adv for deft no.1 orally requested that she will file vak of the deft no. 1 on next date.
    Ld. adv for the plff submitted that the plffs have apprehension for declaring them as willful defaulter or fraud by the defts. Therefore, status quo be granted till filing of reply to NM.
    Advs for defts have submitted that they have not filed vakalatnama on behalf of defts. and they have not received any information in respect of this matter from the defts. Therefore, they have objected for any injunction order against the defts.
    On hearing of arguments and submissions advanced on behalf of both the sides and on perusal of the documents and pleadings, it appears to me that it requires to pass order of status quo till filing of reply of the defts. Hence, both the parties are directed to maintain status quo till filing reply on behalf of the defts.
    Matter is adjd for filing vakalatnama, reply and written statement to  28/08/2020.
    Next Purpose: REPLY
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    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 Megha Gupta for plffs present.
    Adv Niyati Merchant for deft. no.1  present and filed reply on Notice of Motion taken out by the plff. Its copy served on the plffs.
    Adv. Sandhya Nanaware for deft no.2 present and filed vakalatnama. She also filed reply on NM taken out by the plff.  Its copy served on the plffs.
    Earlier order, if any, is continued till next date.
    Matter adjd for hearing on NM to 15/09/2020.
    Next Purpose: NM  ARGUMENTS
    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 and filed draft chamber summons. Leave is granted to register the chamber summons.
    None for defts.
    Earlier order, if any, is continued till next date.
    Matter adjd for hearing on NM to 15/09/2020.
                                                                                        Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Business: CORAM  HIS HONOUR JUDGE SHRI  R.V. KOKARE(C.R.31)
    Adv Vivek Singh for plff is present and tendered copy of chamber summons. Its served on deft. no. 2.  Time extended for registration of chamber summons.
    Adv Ms. Nanaware for deft no.2 is present.
    Adv for  deft no. 1 is absent.
    Earlier order, if any, is continued till next date.
    Matter adjd for reply on chamber summons on 21/09/2020.
    Next Purpose: REPLY
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: Adv Vivek Singh for plff present and filed regd. Chamber summons No. 541/2020.
    Adv for Ms. Sandhya Nanware for deft no. 2 present and filed reply to chamber summons. Its copy served on plff.
    None for deft no. 1.
    It is directed to the deft no.1 to file reply on ch/sum. on or before next date, otherwise necessary order will be passed.
    Earlier order, if any, is continued till next date.
    Adjourned for reply on chamber summons to 23/09/2020.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Business: Due to heavy rain declared as holiday
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: Advocate Vivek Singh for plaintiff is present.
    Advocate Sandhya Nanaware for defendant no. 2 is present.
    None present for defendant no. 1.
    The defendant no. 1 is failed to file reply on C/S No. 541/20 taken out by the plaintiff. Hence, the chamber summons proceed without reply of the defendant no. 1.
    Adjourned for hearing on C/S to 06.10.2020.
                                                                                   Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Business: Court is on training.(11.00 a.m. to 01.00 p.m.)
    Advocate Vivek Singh for plaintiff is present.
    Advocate Sandhya Nanaware for defendant is present.
    Adjourned for C/S hearing to 12.10.2020.
                                                                                   Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Business: Adv. Vivek Singh for plaintiff present.
    Adv. Sandhya Nanaware for defendant no.2  present.
    Heard argument of  adv. for Deft. no.2 on Ch/s No.541/20.
    Earlier order if any, to continue till next date.
    Adjd. for hearing of plaintiff on Ch/s No.541/20 to 20/10/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Business: Adv. Vivek Singh for plaintiff present.
    None present for defendant no.1.
    Adv. Sandhya Nanaware for defendant no.2 present.
    Today, the advocate for plaintiff not pressed Ch/s bearing No.541/20. Therefore, Ch/s No.541/20 is disposed off.
    Earlier order if any, to continue till next date.
    Adjd. for NM hearing on 27.10.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: By precipe.
    Adv. Mr.Bobade for plff present.
    Adv.Ms. Sandhya Nanavare for deft. no.2 present.
    None present for deft no. 1.
    Heard argument of  advocate for plaintiff and defendant no.2.
    Deft. no.1 and its advocate failed to argue on NM.
    Adv. for plff has requested short date for filing written notes of arguments. Request is allowed.
    Earlier order, if any,  is continued till next date.
    Matter adjd for filing written notes of arguments of the plff to 10/11/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Business: Advocate Priyanka Dube for plaintiff is present.
    Advocate Sandhya Nanaware for defendant no. 2 is present.
    Advocate for plaintiff requested short adjournment for filing written notes of arguments. Request is allowed.
    Earlier order if any, to continue till next date.
    Adjourned for NM arguments to 12.11.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Business: Advocate Amrin Malik for plaintiff is present.
    None present for defendant no. 1.
    Advocate Sandhya Nanaware for defendant no. 2 is present.
    Advocate for plaintiff filed written notes of arguments. Copy served on defendant no. 2.
    Adjourned for order on NM No.1283/20 to 27.11.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Business: Court is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: Advocate Aamrin Malik for plaintiff is present.
    None present for defendant.
    Earlier order if any, to continue till next date.
    Adjourned for filing citation to 07.12.2020.
                                                                                    Judge
    Next Purpose: CIATATION
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: Advocate Amreen Malik for plaintiff present.
    Advocate Niyati Merchant for defendant no.1 present and filed written notes of arguments.
    Earlier order if any to continued till next date.
    Adjourned for Order on NM no.1283/20 on 08.12.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: Advocate Megha Gupta for plaintiff is present.
    Advocate Niyati Marchant for defendant no. 1 is present.
    F.R.S.R. the following order is passed on NM No.1283/2020
                                            ORDER
    1. The Notice of Motion No.1283/2020 is hereby allowed.
    2. The defendants bank personally or through its representatives are restrained from taking coercive action against plaintiffs on account of  notices issued by the defendant no.1 Bank dtd. 24/09/2019 and notice issued by defendant no.2 dated 16/05/2018. Defendants or their representatives are restrained from branding the plaintiffs as willful defaulter/dissemination and publishing the name of plaintiffs as willful defaulter till final disposal of the suit.
    3. It is needless to say that defendants are 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. 1283/2020 is disposed off accordingly.
    Plaintiff is directed to remove necessary office objections for registration of the suit.
    Adjourned for compliance to 08.01.2021.
    Sheristedar is hereby directed to give authenticated copy to both parties.
    Nature Of Disposal: ALLOWED
    Disposal Date: 08-12-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 104204/2020
    Filing Date: 14-08-2020
    First Hearing Date: 17th August 2020
    Decision Date: 08th December 2020
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    08 Dec 2020

    Order Details: Notice of Motion Pdf Text: 1 NM No.1283/2020 in Com St.No.4201/2020 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY NOTICE OF MOTION N0.1283 OF 2020 IN COMMERCIAL STAMP NO. 4201 OF 2020 (CNR NO.MHCC010037622020) 1. Abhay Lodha ) Aged 48 years, Occu:Business ) Director of Suspended Board and ) Guarantor of Topworth Pipes and Tubes ) Pvt. Ltd., an Adult, Indian Inhabitant, ) Having address at 308, 3rd Floor, ) Ceejay Towers, Dr.Annie Besant Road, ) Worli…

    Read Full Order

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