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NOTICE OF MOTION

Abhay Narendra Lodha - Comm. Suit St. 4203/2020VsBank of India and ors.

CNR MHCC01003764202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 22nd December 2020

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101285/2020
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 Srinivas Bobade for plff is present.
    Adv. Prashant Shinde for deft no.1 is present.
    Adv Sunil Kadam for deft no.2  is present and he requested adjmnt for filing vak on behalf of deft no.2.
    Adv. Niyati Merchant for deft no.3 is present.
    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 vak 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. Vivek Singh for plff present.
    Adv. Shinde for deft no. 1 present and filed vakalatnama and reply of NM. Its copy served on the plff.
    Adv. Sunil Kadam for deft no. 2  is present and filed vak and also filed reply on NM. Its copy served on the plff.
    Adv Niyati Merchant for deft no. 3 present and filed vak and reply. Its copy served on the plff.
    Earlier order, if any, is continued till next date.
    Matter is adjd for hrg NM to  15/09/2020.
    Next Purpose: NM  ARGUMENTS
    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 filed draft chamber summons. Its copy served on deft no.2.  Leave is granted to register the chamber summons.
    Adv. Parab for deft no.2 present.
    None for deft no. 3.
    It is directed to the plff to serve copy  of chamber summons to the remaining defendants.
    Earlier order, if any, is continued till next date.
    Matter adjd for reply on chamber summons and hearing on NM 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. 542/2020.
    None for defts.
    It is directed to the defts  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.
    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.
    None present for defendants.
    The defendants failed to file their reply on C/S No. 543/20. Therefore, the chamber summons proceed without reply against the defendants.
    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.
    None present for defendant no.1.
    Adv. Sunil Kadam for defendant no.2 present.
    None present for defendant no.3.
    Earlier order if any, to continue till next date.
    Adjd. for hearing on Ch/s No.542/20 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 defendants.
    Today, the advocate for plaintiff not pressed Ch/s bearing No.542/20. Therefore, Ch/s No.542/20 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. Megha Gupta for plff present.
    Adv A.B. Shinde for deft no. 1 present.
    None present for deft no.2 and 3.
    Earlier order, if any, is continued till next date.
    Matter is adjd for hearing on NM to 6.11.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Business: Adv. Priyanka Dubey for plaintiff present.
    Adv. Prashant Shinde for Defendant No.1 present.
    Earlier order if any, to continue till next date.
    By consent of both the parties, matter adjourned for NM hearing on 23.11.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Advocate Aamrin Malik for plaintiff is present and requested short adjournment. Request is allowed.
    Advocate Mr. Shinde for defendant no. 1 is present and filed list of documents. T.O.R.
    Advocate Hemant Naik for defendant no. 2 is present.
    Earlier order if any, to continue till next date.
    Adjourned for NM hearing to 04.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Advocate Srinivas Bobade for plaintiff present.
    Advocate Prashant Shinde for defendant no.1 present.
    Advocate Sunil Kadam for defendant no.2 present.
    Heard argument on NM 1285/20 on behalf of plaintiff.
    Earlier order if any to continue till next date.
    Adjourned for NM hearing for defendants on 08.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: Advocate Megha Gupta for plaintiff is present.
    Advocate Mr. Anant B. Shinde for defendant no. 1 is present.
    Advocate Mr. Sunil Kadam for defendant no. 2 is present.
    Advocate Niyati Marchant for defendant no. 3 is present and filed written notes of arguments. Copy served on plaintiff.
    Heard arguments of advocate for defendant no. 1.
    Heard arguments of advocate for defendant no. 2.
    Earlier order if any, to continue till next date.
    Adjourned for NM order to 14.12.2020.
                                                                                    Judge
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: Advocate Aamrin Malik for plaintiff is present and filed written arguments of NM No. 1285/20.
    Advocate Ms. Palak for defendant no.3 is present.
    This matter is wrongly posted for order. Actually, the matter was for reply arguments by the plaintiff.
    Adjourned for reply arguments by the plaintiff to 21.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: Advocate Aamrin Malik for plaintiff is present.
    None present for defendant.
    Earlier order if any, to continue till next date.
    Adjourned for NM Orders to 22.12.2020.
                                                                                    Judge
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: Advocate Aamrin Malik for plaintiff is present.
    Advocate Paluck Bangali defendant no. 3 is present.
    F.R.S.R the following order is passed on NM No.1285/20
                                         ORDER
    1. The Notice of Motion No.1285/2020 is hereby allowed.
    2. The defendants bank personally or through their  representatives are restrained from taking coercive action against plaintiff on account of  notices issued by the defendant no.1 Bank dtd. 31/12/2019,  notice issued by defendant no.2 dated 08/01/2020 and notice issued by defendant no.3 dated 20/01/2020. Defendants or their representatives are restrained from branding the plaintiff as willful defaulter/dissemination and publishing the name of plaintiff as willful defaulter till final disposal of the suit.
    3. It is needless to say that defendants are at liberty to proceed against the plaintiff regarding recovery proceedings, attachment, sale of attachment of property to recover the defaulted loan.
    4. Cost in cause.
    5. Notice of Motion No.1285/2020 is disposed off accordingly.
    Plaintiff is directed to remove all office objections and register the suit.
    Nature Of Disposal: ALLOWED
    Disposal Date: 22-12-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 104206/2020
    Filing Date: 14-08-2020
    First Hearing Date: 17th August 2020
    Decision Date: 22nd December 2020
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Dec 2020

    Order Details: Notice of Motion Pdf Text: NM No.1285/2020 in 1 Com St.No.4203/2020 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY NOTICE OF MOTION N0.1285 OF 2020 IN COMMERCIAL STAMP NO. 4203 OF 2020 (CNR NO.MHCC01-003764-2020) 1. Abhay Narendra Lodha ) Aged 48 years, Occu:Business ) Director of Suspended Board and ) Promoter of Gujarat Foils Limited ) An Adult, Indian Inhabitant, ) Having address at 308, 3rd Floor, ) Ceejay Towers, Dr.Annie Besant Road, ) Worli Sea Face,…

    Read Full Order

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