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NOTICE OF MOTION

Mr. Kunal JiwarajkaVsYes Bank Ltd

CNR MHCC01003892202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 17th March 2021

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101305/2020
Registration Date
03 Sept 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1Yes Bank Ltd

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 05-09-2020
    Business: CORAM  HIS HONOUR JUDGE SHRI  R.V. KOKARE(C.R.31)
    Adv Nimay Dave a/w. Adv. Megha S. Gupta for plff. present.
    Adv Ms.Anamika i/b. Induslaw for deft present.
    Registered NM No. 1305/2020 and NM.No. 1306/20 tendered by the deft.
    Adv for plff filed reply  on NM taken out by the deft. Its copy served on the deft.
    Adv for plff filed rejoinder to his NM.
    Earlier order, if any, is continued till next date.
    Matter adjd for hearing on NM to 14/09/2020.
    Next Purpose: NM FOR HEARING
    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 Nimay Dave a/w. Adv. Megha Gupta for plff. present and filed NM No.1220/20 .
    Adv Ms.Anamika i/b. Induslaw for deft present.
    Heard arguments of  both sides on notice of motion.
    Earlier order, if any, is continued till next date.
    Both advs for both the parties are requested time granted to them for giving notes of arguments.  Request is allowed.
    Matter adjd for  filing notes of arguments on 16/09/2020.
                                                                                        Judge
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: CORAM  HIS HONOUR JUDGE SHRI  R.V. KOKARE(C.R.31)
    Plff and adv are absent.
    Adv.Ms. Prapti  Kediya for deft present and requested short adjmnt. for filing written notes of arguments. Allowed subject to last chance.
    Earlier order, if any, is continued till next date.
    Adjd for filing written notes of arguments to 19/09/2020
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Business: Adv Vivek Singh for plff present and filed written notes of arguments.  Its copy served on deft.
    Adv Ms. Anamika  for deft.  present and filed written notes of arguments.
    Earlier order, if any, is continued till next date.
    Matter adjd  for order on NM  No. 1220/2020  to  29/09/2020.
    Next Purpose: ORDER
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: Advocate Vivek Singh for plaintiff is present.
    Advocate Ms. Prapti for defendant is present.
    F.R.S.R the following order is passed on N/M No. 1220/2020
                                           ORDER
    1. The Notice of Motion No. 1220/2020 is allowed.
    2. The defendant personally or through its agents, servants or representatives, officers and/or any person or authorities claiming through them are hereby temporarily restrained from taking any coercive action upon notice dated 12.12.2019 issued by the defendant bank and from branding the plaintiffs as willful defaulters and taking any coercive action including publication of names of plaintiffs as willful defaulter till final disposal of the suit.
    3. It is needless to say that defendant is 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. 1220/20 is disposed off accordingly.
    Adjourned for filing reply on NM No. 1305/20 and 1306/20 to 20.10.2020.
    Next Purpose: REPLY
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Business: Adv. Vivek Singh for plaintiff present.
    Adv. Prapti Kedia for defendant present.
    Adjd. for NM hearing to 06.11.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Business: Advocate Priyanka Dubey for plaintiff present.
    Advocate Anamika for Defendant present.
    Court is busy in other matters.
    Adjourned for NM hearing on 03.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None present for plaintiff.
    Advocate Ms.Anamika for defendant is present and requested short adjournment. Request is allowed.
    Adjourned for NM hearing to 11.01.2021.
                                                                                    Judge
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: Adv. Megha Gupta for plaintiff is present.
    Adv. Anamika for defendant present.
    Heard both sides NM No. 1306/20 is filed to vacate order on N/M 1220/20 dtd. 27-05-2020 i.e. status quo order. However, NM No. 1220/20 is decided on merit by ld. Predecessor on 29-09-2020. Therefore, no question of vacating status quo would arise. Hence, NM No. - 1306/20 become infructuous. Hence, NM No. 1306/20 stands disposed off.
    In 2nd session -
    Heard argument of  Adv. Anamika Singh for defendant on NM no. 1305/20.
    Adv. Ambrin Malik for plaintiff prayed for adjournment as Adv. Gupta is not feeling well.
    Matter is adjd.to 05-02-2021 for Arguments.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv. Amrin Malik  for plaintiff, submits that arguing counsel Megha Gupa (AOR) Suffering from food poisoning, prayed for adjournment.
    Adv Anamika  for defendant is present.
    Matter is adjd.to 15-02-2021 for argument.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: Adv Mr. Mayang a/w Ms. Megha Gupta for plff. present.
    Adv. Ms. Prapti Kedia a/w Adv. Ms. Anamika for defendant, prayed for adjd to submit rejoinder argument.
    Heard argument of adv. Ms. Gupta for plff.
    Matter is adjd.to 16.02.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Adv. Ms. Aamrin Mallik a/w Adv. Ms. Megha Gupta for plaintiff present.
    Adv. Ms. Anamika for defendant present.
    Heard rejoinder argument of Adv. Ms. Anamika for deft.  Both side learned advs. requested for adjourn to file written notes of argument.
    Matter is adjd.to 26.02.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Adv. Ms. Megha Gupta for plaintiff present.
    Adv. Ms. Meiyl for defendant present.
    Exh.8- Written notes of argument submitted by plff.
    Exh.9- Written notes of argument submitted by deft.
    (Copies are served to opposite side).
    Matter is adjd.to 12.03.2021 on NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Adv. Ms. Amrin Malik a/w Megha Gupta for plff. present.
    Adv. Ms. Meryl Quadeos h/f Ms. Anamika Singh for deft., present.
    Court time is over.
    Matter is adjd.to 17.03.2021 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Adv. Ms.Megha Gupta for plaintiff present.
    Adv. Ms. Anamika for defendant present.
    F.R.S.R the following order is passed on NM no. 1305/20.
    ORDER
    1. Notice of Motion No. 1305/20 stands dismissed.
    2. Parties to complete the pleading and submit draft issues to expedite hearing.
    3.Notice of Motion no.1305/20 is disposed off accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 17-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104370/2020
    Filing Date: 03-09-2020
    First Hearing Date: 05th September 2020
    Decision Date: 17th March 2021
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Mar 2021

    Order Details: Notice of Motion Pdf Text: N/m No. 1305/2020 in Comm. Suit No. 450/2020. 1 Order. MHCC010038922020 Presented on : 03-09-2020 Registered on : 03-09-2020 Decided on : 17-03-2021 Duration : 0 years, 6 months, 14 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1305 OF 2020 IN COMMERCIAL SUIT NO. 450 OF 2020 Mr. Kunal Jiwarajka and Others ...Plaintiffs Versus YES Bank Limited ...Defendant CORAM : SHRI G.G.BHANSALI. (C.R.NO.31). DATE : 17th MARCH,…

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