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NOTICE OF MOTION

Shri. Abdul Hafeez Mohd. Mumtaz Baig +1 moreVsOriental Bank Of Commerce +2 more

CNR MHCC0100479220193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 17th October 2019

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101746/2019
Registration Date
03 May 2019

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-06-2019
    Business: Matter stands Adj for reply to NM on 28.08.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: Adv. Parte for plaintiff present.
    Adv. Narayan for defendant present and filed reply to NM no. 1746/1990. Taken on record. Copy served to other side
    Matter stands Adj to 03/10/2019 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Adv. Chitnis for plaintiff present.
    Adv. Narayan for defendant no. 1 to 3 present.
    Heard both sides on NM no. 1746/19
    Matter stands Adj for Order on NM no. 1746/19 to 17.10.19
    Next Purpose: ORDER
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Adv. Arun Singh for plaintiff present.
    Adv. Narayan for defendant present.
      FRSR following order is passed on NM no. 1746/2019
                                      ORDER
    Notice of Motion No.1746/2019 is hereby allowed in following terms-
    1.    Defendant no.1 bank is directed to accept the remaining balance amount of consideration of the suit flat from the plaintiffs i.e. 75 percent of the purchase price (Rs.45 Lakh) within a period of two months, from today, along with interest at the bank rate from the due date till actual payment is made and complete sale transaction with the plaintiffs by issuing share certificate and hand over vacant and peaceful possession of the suit flat to the plaintiffs within the above stated period of two months.
    2.       In the event, the defendant no.1 is not in a position to comply with the above order within stipulated period then alternatively, the defendant no.1 is directed to refund the amount of Rs.15 Lakh to the plaintiffs, being 25 percent of the purchase price, along with interest accrued at the bank rate from the date of payment till actual refund of the said amount within a period of two months from today.
    3.    Sheristedar of this Court is directed to supply the authenticated copy of today\''s Roznama to the Ld. Counsel for the plaintiffs for information and communication of the same to the defendant bank for compliance.
                Notice of Motion stands disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 17-10-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 105136/2019
    Filing Date: 03-05-2019
    First Hearing Date: 18th June 2019
    Decision Date: 17th October 2019
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Oct 2019

    Order Details: Notice of Motion Pdf Text: 1 N/M 1746/19(Suit 909/16) IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI NOTICE OF MOTION NO.1746/2019 IN S.C. SUIT NO. 909/2016 1. Shri Abdul Hafeez Mohd. Mumtaz Baig 2. Shri Abdul Hakim Mohd. Mumtaz Baig ..Plaintiffs V/s. 1. Oriental Bank of Commerce 2. Mr Vilas Sawant, 3. Mr. Brijlal Meena ..Defendants Appearance: Adv. Mr.Dipak Chitnis for the plaintiffs. Adv. Mr. Anant Narayan for the defendants no.1 to 3. CORAM : HHJ Shri V.V…

    Read Full Order

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