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NOTICE OF MOTION

Abhay Narendra Lodha - Comm. Suit St. 4202/2020VsUnion Bank of India

CNR MHCC01003766202031-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
101284/2020
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. Dhruv Gandhi i/b. Adv Vivek Sing for plff is present.
    Adv. Niyati Merchant for deft nos. 1,3, 5, 6 and 7 present and filed vakalatnama.
    Adv Sunil Kadam for deft no.2  is present and he requested adjmnt for filing vak on behalf of deft no.2.
    Adv Yadav for deft no. 4 is present and filed undertaking to file vak for deft no.4.
    Adv for plff tendered service affidavit of the defts.
    Ld. adv for the plff submitted that the plffs have apprehension for declaring them as willful defaulter by the defts. Therefore, status quo be granted till filing of reply to NM.
    Advs for defts have submitted that they have not received  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. Niyati Merchant for deft nos. 1  3  5  6  and 7  and filed vakalatnama  for deft. nos. 3  and  5. She also filed  reply on NM.  Its copy served on the plff.
    Adv Sunil Kadam for deft no. 2 present and filed vakalatnma for deft no. 2.  He also filed reply on NM. Its copy served on the plff.
    Adv. Ms. Mungekar for deft. no. 4 present and filed vak for deft no. 4.  and requested to adjd for filing reply. Request is allowed.
    Matter adjd for filing reply of deft no. 4 to 15/09/2020.
    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.
    Adv Ms. Fatima Lakdawala for deft no.4 present and submitted that deft  no. 4 is not served today\''s precipe. Therefore, the matter be kept on its fixed date. Allowed.
    Matter is adjd for filing reply of deft no.4 to 15/09/2020.
    
                                                                                        Judge
    Next Purpose: REPLY
    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 plffs 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.
    Remaining defts and their advs are absent.
    Adv for plffs is directed to serve chamber summons to the remaining defts.
    Earlier order, if any, is continued till next date.
    Matter adjd for reply on chamber summons and hearing on NM on 21/09/2020.
    Later on
    Adv. Ms. Anita Mungekar for deft no. 4  is present and filed reply on NM.
    Adv for deft no. 4 is  directed to serve copy of reply to plff.
    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. 543/2020.
    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.
                                                                                   Judge
    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. 542/20. 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.
    Adv. Sunil Kadam for defendant no.2 present.
    None present for defendant no.1, 3, 5, 6 and 7.
    None present for defendant no.4.
    Earlier order if any, to continue till next date.
    Adjd. for hearing on Ch/s No.543/20 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.543/20. Therefore, Ch/s No.543/20 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.Dhruva  Gandhy for plff present.
    Adv. Fatima Lakdawala for deft no. 4 present.
    Deft. nos. 1 and 3, 5 to 7 and their advs are absent.
    None present for deft no.2.
    Heard argument of  advocate for plaintiff.
    Matter is adjd for argument of the defts on NM to 09/11/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Business: Adv. Dhruva Gandhi a/w Adv. Amreen Malik for plaintiff present.
    Adv. Fatima Lakdawala for defendant no.4 present.
    Adv. Niyati Merchant for defendant no.1, 3 and 5 to 7 is absent.
    Adv. Sunil Kadam for defendant no.2 and defendant no.2 are absent.
    Argument heard of  Adv. Fatima Lakdawala for defendant no.4 on NM.
    Adv. for plaintiff filed written notes of arguments on NM.
    - It is directed to the defendant no. 1, 2, 3 and 5 to 7 and their advocates to argue on NM on next date otherwise necessary order will be passed.
    Advocate for defendant no.4 is requested to file written notes of arguments on next date.
    Earlier order if any, is continued till next date.
    Adjourned for arguments of defendant no.1, 2, 3 and 5 to 7 and filing written notes of arguments on NM on 26.11.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Advocate Amreen Malik for plaintiff present.
    Advocate Fatima Lakdawala for defendant no. 4 present.
    Advocate Sunil Kadam for defendant no.2 present and partly argued on NM.
    Requested short adjournment for filing written notes of arguments.
    The defendants no. 1, 2, 3 and 5 to 7 and their advocates where absent when called out.
    Already arguments heard on NM on behalf of the Plaintiff and the defendant no.4.
    Today the matter is fixed for arguments on NM by the defendant no. 1, 2, 3, and 5 to 7. Already directions given to the defendant on arguments on NM. No adjournment application moved on behalf of the defendant no. 1, 2, 3, and 5 to 7, hence the matter is adjournment for filing notes of arguments on behalf of the defendants. Already written notes of arguments filed on behalf of plaintiff.
    Earlier order if any to continue till next date.
    Adjourned for arguments of the defendants and filing written notes of arguments 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 Niyati Marchant for defendant nos. 1,3,5 to 7 is present and filed written notes of arguments for defendant nos.1,3,5 to 7.
    Advocate Mr. Sunil Kadam for defendant no. 2 is present and filed written notes of arguments.
    Advocate Fatima Lakadawala for defendant no. 4 is present. Already arguments heard on NM on behalf of defendant no. 4.
    Advocate for defendant no. 4 filed written notes of arguments. Copy served on plaintiff.
    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.
    Advocate Ms. Palak for defendant nos.1,3, 5 to 7 is present.
    Advocate Ms. Fatima Lakadawal for defendant no.4 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. 1 to 3, 5 to 7 is present.
    Advocate Fatima Lakadawala for defendant no. 4 is present.
    F.R.S.R the following order is passed on NM No.1284/20
                                         ORDER
    1. The Notice of Motion No.1284/2020 is hereby allowed.
    2. The defendants bank personally or through their  representatives are restrained from taking coercive action against plaintiffs on account of  show cause notice dated 10/04/2019 issued by the defendant no.1, show cause notice dated 14/01/2019 issued by the defendant no.2, show cause notice dated 05/11/2019 issued by the defendant no.3, show cause notice dated 02/02/2018 issued by the defendant no.4, show cause notice dated 08/11/2018 issued by the defendant no.5, show cause notice dated 04/03/2020 issued by the defendant no.6 and show cause notice dated 10/04/2019 issued by the defendant no.7.  Defendants or their representatives are restrained from branding the plaintiffs as willful defaulters/dissemination and publishing the name of plaintiffs as willful defaulters 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.1284/2020  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: 104205/2020
    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: 1 NM No.1284/2020 in Com St No. 4202/2020 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY NOTICE OF MOTION N0.1284 OF 2020 IN COMMERCIAL STAMP NO. 4202 OF 2020 (CNR No.MHCC01-003766-2020 ) 1. Abhay Narendra Lodha & Ors. ...Plaintiffs Versus 1.Union Bank of India & Ors. ...Defendants. CORAM: HIS HONOUR JUDGE SHRI R.V.KOKARE DATE : 22/12/2020 (C.R.No.31) Appearance:- Ld. Adv. Dhurva Gandhi for plaintiffs. Ld. Adv.Ms. Niyati Merchant for defendant no.1, 3…

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