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NOTICE OF MOTION

Azeem Siraj Mukadam - Suit St. No. 3852/2020VsThe Manager, Canera Bank and Ors.

CNR MHCC01003773202059-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 11th August 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101279/2020
Registration Date
10 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
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    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: AS PO IS ON TRAINING HENCE MATTER ADJD TO
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Adv Wasim Khan for plff present
    Adv Rishabh Mishra for defendant No.1 present
    Court busy in other matters
    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
    Nature Of Disposal: ALLOWED
    Disposal Date: 11-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104103/2020
    Filing Date: 10-08-2020
    First Hearing Date: 17th August 2020
    Decision Date: 11th August 2022
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    11 Aug 2022

    Order Details: Notice of Motion Pdf Text: Order on Notice on Motion 1 No. 1279 of 2020 MHCC010037732020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1279/2020. IN S. C. SUIT NO.1153/2020 Azeem Siraj Mukadam. ...Applicant/ (Plaintiff) In the matter of : Azeem Siraj Mukadam. ..Plaintiff V/s. The Manager, Canara Bank and Ors. ..Defendants. Appearances : Adv. Wasim Khan for plaintiff. Adv. Rahul Salve for defendant No.2 Adv. M.A. Khan for defendant Nos.3 Defendant No.1 exparte…

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