BANK OF INDIAVsMrs. Naina Manoj Singh +3 more

Date: 06-05-2021
Business: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 23.07.2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: The plaintiff and his advocate absent.
On perusal of record, it appears that writ of summons is not issued to the defendants. Hence the plaintiff is directed to take steps for issuance of writ of summons to all defendants.
Matter is adjd.to 25-08-2021 for Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: Adv. Priya Nighwekar for plaintiff present and filed application for issuance of summons -allowed.
Issue fresh writ of summons to the defendants.
Matter is adjd.to 08-10-2021 for writ of summons to deft.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Adv. Priya Nighwekar  for plaintiff present.
Adv. Isha Malik  for defendants no. 3 and 4 present and filed vakalatnama t.o.r. and marked as Exh. 2 and she also submitted that she received copies of the plaint and documents on 17-09-2021 and she sought time to of 4 weeks to file written statement.
Adv. Darshit Jain a/w  Pradeep Singh for defendants no.   1 present and submitted that he did not received the copy of the plaint and documents.
The plaintiff is directed supply copies of the plaint and documents to defendant no. 1 and to file affidavit of service.
Matter is adjd.to 12-11-2021 for written statement of deft.
no. 3 and 4 and for service affidavit.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Adv. Priya Nigvekar for plaintiff present.
Adv. Hema T.  i/b Vimadalal & Co.  for defendants no. 3 & 4 present and filed written statement t.o.r. and marked as Exh.3
Adv. for the defendants no. 3 and 4 are directed to file
statement of truth in support of written statement and
affidavit of admission and denial of documents on the next
date of hearing.
Matter is adjd.to 14-12-2021 for filing  statement of truth
by defts and admission/denial by the plaintiff & deft. no. 3 &4.
LO
Adv.  Pradeep Singh for defendant no.1 present and filed vakalatnama t.o.r. and marked as Exh.4
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Court is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: None for plaintiff.
Adv. Ms. Virti M. Shah h/b Vimadalal & Co. for defendants no.3 & 4 present and filed statement of truth in support of written statement (Exh.3), t.o.r. and marked as Exh.5.
She also filed statement of admission and denial of documents.
She placed on record copy of statement of truth and statement of admission and denial for the plaintiff.
Adv. Mr. Darshit Jain for defendant no.1 present and filed written statement, t.o.r. and marked as Exh.6.  He also filed statement of truth in support of written statement (Exh.6), t.o.r. and marked as Exh.7.  He placed on record copies of Exh.6 and 7 for the plaintiff and defendants no.3 & 4.
The plaintiff is directed to file aff/service.
Matter is adjd.to 07-02-2022 for aff/service regarding
defendant no. 2 and for statement of admission and
denial by the plaintiff and defendant no.1.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: The matter was on board dated 07/02/2022.
Holiday was declared on 07/02/2022 to mourn the sad demise of Bharat Ratna Lata Mangeshkar on 06/02/2022.
Adv. Virti Shah and Isha Vaishnavi Thakur i/b Vimadalal & Co. for defendant no.3 & 4 present and filed affidavit in support of statement of admission and denial, t.o.r. and marked as Exh.8.
Matter is adjd.to 17-03-2022 for aff/service regarding
defendant no.2 and admission and denial by the plaintiff
and defendant no.1.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Adv.  Priya Nigavekar for plaintiff present and filed affidavit of service with original writ of summons and three acknowledgment and one closed returned envelope  t.o.r. and marked as Exh.9
Adv. Irfan Unwala for defendant no. 1 present.
Adv. Virti  Shah for defendant no. 3 and 4 present.
None for defendant no. 2
Adv. Virti Shah for defendants no. 3 and 4 had already filed statement of admission and denial of documents on 14-01-2022, but it remained to be exhibited  inadvertently. Hence, it is marked as Exh. 10
Adv. for Plaintiff  received copy of  Exh. 5, Exh. 6, Exh. 7 , Exh. 8 and Exh. 10.
Adv. for Defendant no. 1 received copy of  Exh. 5 , Exh. 8 and Exh. 10
Adv. for Defendant no.  3 and 4 received copy of  Exh. 6 and  Exh. 7.
Matter is adjd.to 19-04-2022 for ex parte order against
deft. no. 2 and admission denial by plaintiff and
defendant no. 1
Next Purpose: ORDER
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Adv. Priya Nigwekar  for plaintiff present. .
Adv. Nikitesh Kotangale  for defendant no. 1 present.
None for defendants no. 2,3 and 4.
On perusal of record, it appears that writ of summons was sent to  defendant no. 2 through RPAD and closed envelope is returned with endorsement as unclaimed as per affidavit of service Exh.9 .  Defendant no. 2 failed to appear. Hence, suit to proceed ex parte against  defendant no. 2.
Matter is adjd.to  20-06-2022 for admission and denial for plaintiff and deft. no. 1 as a last chance.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: None for plaintiff when called.
Adv. Vidhi Karia for defendant no.1 present.
Adv. Isha Thakur and Adv. Virti Shah for defendant No. 3 and 4 present.
Exh-11 Adv. for defendant tendered statement of admission denial of defendant NO.1. T.O.R. O- Seen. Copy be served to plaintiff.
Adv. for defendant submitted that copy of admission denial is served to defendant No. 3 and 4.
Adjd for draft issues to 04/07/2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. Isha Thakur and Adv. Virti Shah for defendant NO. 3 and 4 present.
Adv. Ravindra Singh for defendant No. 1 present.
None for plaintiff when called.
Exh-12 Issues framed
Adjd for case management hearing to 28/07/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: None for plaintiff present.
Adv. Ravindra Singh for defendant no.1 present.
Adv. Virti Shah for defendant no.3 and 4 present.
Heard defendant advocates on case management. Exh- 12 case management order passed.
SCHEDULE OF TRIAL DETERMINED AFTER CASE MANAGEMENT HEARING
(ORDER XV-A RULE 1 OF CPC)
		Heard learned counsel Adv. Ravindra Singh for defendant no.1 and Adv. Virti Shah for defendant no.3 and 4 on the point of case management hearing. None for plaintiff present.  In this suit, issues are framed on 04/07/2022 at Exh.12.  The case management hearing is conducted today in consonance with Order XV-A Rule 1 and 5 of the CPC for completion of remaining stages in the matter. Following schedule of case management is determined :
1. 	Filing List of witness  - on or before 06/08/2022.
2. 	Filing of evidence of plaintiff as well as original documents  - on or before 12/08/2022.
3. 	For filing say on documents by defendants – on or before 20/08/2022
4. 	Hearing argument of both sides on the documents- on or before 24/08/2022.
5. 	For passing orders on documents on or before 26/08/2022
6.	 Further examination in chief of plaintiff and marking of documents on or before 30/08/2022
7. 	For cross-examination of plaintiff on or before 06/09/2022
8. 	Evidence of the witness of plaintiff to be recorded by conducting cross-examination and re-examination - on or before 	12/09/2022.
9.	Evidence of defendants to be recorded on or before 19/09/2022
10.	Evidence of witness of defendants to be recorded on or before 23/09/2022
11. 	Filing of written argument by both the side - on or before 30/09/2022.
12.	For advancing oral arguments with time limit of two hours to 	either side. (see Order XVIII Rule 2 (3-F) of the CPC) - on or before 03/10/2022.
		Both sides are directed to adhere to time frame as far as possible. Consequences for non-compliance with orders as per Order XV-A Rule 8 of the CPC may ensue/follow.
						Sd/-								(A.S.SALGAR)
						Judge,
					City Civil Court,
					(Court Room No.31)
Date : 28/07/2022.		                               Mumbai.
Adjd. to 06.08.2022 for list of witness.
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Adv. Ravindra Singh for defendant present.
None for plaintiff when called.
Adjd for evidence to 12/08/2022
L. O
Adv. Esha Malik i/b Vimadala and Co. for defendant No. 3 and 4 present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: Adv. Ravindra Singh for deft No.1 present.
None for plaintiff when called.
Adjd for evidence to 24/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. Isha Thakur for defendant NO. 3 and 4 present.
Adv. Ravindra Singh for defendant No.1 present.
None for plaintiff when called.
Adjd for recording evidence to 26/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Adv. Isha Thakur for deft NO. 3 and 4 present.
Adv. Ravindra Singh for deft No.1 present.
None for plaintiff when called. Plaintiff is absent from last three dates. Hence matter be kept for passing further orders
Adjd for evidence to 30/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: P. O is on training as per office order no. 179 of 2022 hence adjourned.
Adjd for evidence to 06/09/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Adv. Heena i/b Vimadalal and Co. for defendant No. 3 and 4 present.
Adv. Ravindra Singh for defendant No. 2 present.
None for plaintiff when called.
Adjd for recording evidence to 30/09/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Adv. Heena Thalesar for defendant No. 3 and 4 present and submitted that plaintiff Is absent from last several dates hence matter be kept for dismissal order.
None for plaintiff when called.
Hence matter is kept for dismissal to 15/10/2022
Next Purpose: DISMISSAL
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: Adv. Isha Thakur for defendant NO. 3 and 4 present.
Adv. Ravindra Singh for defendant No. 1 present.
Adv. Priya Nigwekar for plaintiff present.
Application filed by adv. for plaintiff for removing the suit from the caption of dismissal. t.o.r. and marked as Exh. 14  O- Other side to say.
Adv. for defendant seeks time to file reply on Exh. 14
Adjd for reply of defendant on Exh.14/dismissal to 31/10/2022
Next Purpose: DISMISSAL
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: Adv. Isha Thakur for deft No. 3 and 4 present and tendered reply. t.o.r. and marked as Exh.  15 O- R and R.
Adv. Priya Nigwekar for plaintiff present.
Adv. Ravindra Nagarkoti for deft NO. 1 present.
Adjd for hearing to 11/11/2022
Next Purpose: HEARING
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: adv. Isha Thakur i/b Vimadalal and Co. for defendant No. 3 and 4 present.
None for plaintiff when called.
Adjd for hearing to 17/11/2022
L. O
Adv. Suraj Singh for defendant No. 1 present.
Next Purpose: HEARING
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: Adv. Ravindra Nagarkoti h/f Adv. Pradeep Singh for deft No.1 present and tendered affidavit in reply to Exh.14.
Adv. Manish Doshi i/b Vimadalal and Co. for defendant 3 and 4 present and submitted that plaintiff is absent from so many dates and suit be dismissed.
None for plaintiff when called.
Adjd for argument on Exh.14  to 30/11/2022
L. O at 1.09 pm
Adv. Priya Nigwekar for plaintiff present.
Next Purpose: HEARING
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: Adv. Priya Nigvekar for plaintiff present.
Adv. Ravindra Nagarkoti for defendant no.1 present.
Adv. Manish Doshi for defendant no.3 and 4 present.
Heard arguments of both sides on Exh.14.
Ajdj to 09.12.2022 for order on Exh.14.
LO
Heard arguments of Adv. Ravindra Nagarkoti for defendant no.1
Next Purpose: ORDER
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv. Priya Nigwekar for plaintiff present.
Adv. Isha Thakur for defendant No. 3 and 4 present.
              Order passed below Exh.14
1. Application at Exh. 14 is allowed.
2. Matter be removed from the caption of dismissal. 3. The plaintiff is directed to file affidavit of examination in chief along with documents within one month from the date of this order.
4. Order accordingly.
Matter Is adjd for evidence of plaintiff to 07/01/2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: Adv. Priya Nigwekar for plaintiff present.
Adv. Ravindra Nagarkoti for defendant no. 1 present.
Adv. Isha Thakur for defendant no. 3 and 4 present.
Witness of plaintiff present. Witness administered oath. Witness identified the contents of documents and signature on it. Hence marked exhibit as under
Affidavit of evidence of Abhishek Bhatia filed t.o.r. and marked as Exh.  16 O- R and R in evidence.
List of documents t.o.r. and marked as Exh.  17 O- Filed.
Exh-18 Authority letter
Exh-19 Application.
Exh-20 Sanction Letter
Exh-21 Bearer letter of Rs. 1400000/-
Exh-22 Installment letter.
Exh-23 Non relation with any director of bank.
Exh-24 Multipurpose documents of Rs. 1400000 executed by defendant no.1.
Exh-25 Affidavit cum undertaking.
Exh-26 Declaration.
Exh-27 Specimen undertaking to be obtained from borrower in respect of payment of stamp duty on loan and security documents.
Exh-28 Agreement for home loan of Rs. 1400000
Exh-29 Description of property.
Exh-30 Title deed.
Exh-31 Memorandum of Entry/Oral assets of Flats/ Property
Exh-32 Acknowledgment of debt and securities of housing loan.
Exh-33 Office copy of Notice under 13 (2) of SARFAESI Act, 2002 to deft no.1.
Exh-34 Letter to station house officer V.P Raod pstn.
Exh-35 Office copy of advocate notice.
Exh-36 Office copy of advocate notice.
Exh-37 Statement of account along with I. T certificate.
Exh-38 Particulars of claim.
Document at Sr. no. 4 not found in compilation of documents.
Adjd for cross examination to 20/01/2023 at 4 pm
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: None for plaintiff.
Adv. Manish Doshi for defendant no.3 and 4.
Case is adjourned for recording evidence on 28.02.2022.
LO
Adv. Ravindra Nagarkoti for defendant no.1 present.
Adv. Priya Nigwekar for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: None for plaintiff.
Adv. Pradeep Singh for defendant no.1 is present.
Plaintiff is directed to remain present on next date.
Case is adjourned for marking of documents to 23-03-2023.
L.O. at 11.47 am
Adv Priya Nigavekar for plaintiff is present.
Adv. Manish Doshi for defendant no.3 and 4 is present and tendered draft Notice of Motion alongwith affidavit. O- Leave granted to register NM. Copy be served to the other sides.
Case is adjourned for tendering original registered NM alongwith affidavit and marking of documents to 23-03-2023.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: Adv. Priya Niglekar for plaintiff present. She is seeking time to file reply. Time granted.
Adv. Heena T. i/b Vimadalal and Co. for defendant No. 3 and 4 present. She tendered registered NM No.997/2023.
Case is adjourned for 20.04.2023 for reply on NM.
Later on at 2.00 p.m.
Adv. Ravindra Nagarkoti for defendant No.1 present. He tendered draft NM a/w affidavit. O-leave is granted to register NM.
Copy be served to other side.
Case is already adjourned for 20.04.2023 for reply on NM.
Next Purpose: REPLY
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: None for plaintiff.
Adv. Ravindra Nagarkoti h/f Pradeep Singh for deft no.1 is present and tendered original registered Notice of Motion No. 1347 of 2023 along-with affidavit t.o.r.
Adv Heenat i/b Vimadala and Co for defendant No.3 and 4 is present.
Copy of NM no. 1347/23 is received to the adv for defendant nos. 3 and 4 today in the Court.
Case is adjourned for NM reply to 14-06-2023.
Next Purpose: REPLY
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: Bank of India Vs Mrs. Naina Manoj Singh
Plaintiff side called, but absent.
Defendant no. 1 and 2 called, but absent.
Adv. S. B. Trivedi present for defendant No.3 Raju Shah and No. 4 Rajesh Bhansali.
 Parties to takes steps regarding pending Notice of motion.
Matter adjourned to 18.09.2023 for reply to Notice of Motion.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Bank of India Vs Mrs. Naina Manoj Singh
Court hall shifted from 3rd Floor to 1st Floor on 16.09.2023.
Adv.  S. P Trivedi for defendant no. 3 and 4 present.
Parties to supply the  document to each other and to complete  the pleadings. Else put for necessary order.
Matter adjourned to 03.11.2023 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Bank of India V/s Naina Singh
Plaintiff side called, but absent.
Adv. S. B. Trivedi present for defendant No.3 and No.4.
Put for dismissal order.
Case adjourned to 05.02.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Court hall shifted from City Civil Court Building Fort to Mazgaon Court Building, Mazgaon on  on 02.01.2024.
Bank of India V/s Naina Singh
Plaintiff side called, but absent.
Adv. S. B. Trivedi present for defendant No. 3 and 4 .
Plaintiff is granted last chance to take steps.
Two Notices of Motion are pending.
Parties to complete pleadings and to supply documents to each other. Parties shall argue pending applications, by next date, without fail. Else, put for necessary Order.
Suit adjourned to 11.03.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: Bank of India V/s Naina Singh
Adv. V. Jaganathan present for plaintiff.
Adv. S. B. Trivedi present for defendant No. 3 and 4.
Adv. Janhvi Kadam present for defendant No.1.
Exh.43 - Application filed by plaintiff for removing the Suit from dismissal caption.
Strongly objected by defendant No.1, 3 and 4.
Order -Application at Exh.43 is allowed.
Perusal shows that, Suit is pending for reply of plaintiff since, April, 2023 for Notice of Motion.
Plaintiff to file reply.
Both Notice of Motion to proceed without reply of plaintiff.
Suit adjourned to 19.04.2024 for NM arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: Bank of India VS Naina Manoj Singh
Adv. O A Das present for plaintiff.
Adv. S B Trivedi present for defendant no.3 and 4.
Later on at 12..55 Hrs.
Adv. O A Das present for plaintiff.
Adv. S B Trivedi present for defendant no.3 and 4.
On oral request of defendant suit is adjourned.
Suit adjourned to 02.08.2024 NM hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 02-08-2024

Date: 02-08-2024
Business: Bank of India Vs Mrs. Naina Manoj Singh
Adv. O A Das present for plaintiff.
Adv. Ravindra Nagarkoti present for defendant no.1.
Adv. Isha Thakur present for defendant no.3 and no.4.
Vide order dt. 19.04.2022, Suit is ex-parte against defendant no.2.
There appears two Notices of Motion pending since February, 2023 and March, 2023.
Defendant no.1 is seeking oral adjournment to argue the Notice of Motion.
Parties to file brief Written arguments on both Notice of Motions.
Considering the age of the Suit parties to expedite.
Suit adjourned to 30.09.2024 for NM hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 30-09-2024

Date: 30-09-2024
Business: Adv. O. A. Das present for plaintiff.
Adv.Ms. Gunjan Doiphode present for defendant No. 3 and No. 4.
Suit is kept back
L.O. at 12.52 Hrs.
Adv. O. A. Das present for plaintiff.
Adv.Ms. Gunjan Doiphode present for defendant No. 3 and No. 4.
Perused roznama Dt. 11.03.2024.
Plaintiff is directed to file reply to Notice of Motion No. 997 / 2023.
Plaintiff filed overleaf reply to Notice of Motion No. 997 / 2023, stating that, the plaintiff submits to the order of the Court.
Exh. 44 - Written submissions filed by plaintiff against Notice of Motion No. 101347 / 2023.
Exh. 45 - Written arguments filed by defendant No. 3 and No. 4 on Notice of Motion No. 997 / 2023.
Parties to conclude arguments on both Notice of Motions.
Suit adjourned to 04.12.2024 for arguments on Notice of Motions.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-12-2024

Date: 04-12-2024
Business: Adv. Jagganathan present for plaintiff.
Adv. Ms. Isha Thakur present for defendant No. 3 and No. 4.
Parties to take steps regarding pending Notice of Motion.
Suit adjourned to 24.1.2025 for arguments.
Next Purpose: FOR___________________
Next Hearing Date: 24-01-2025

Date: 24-01-2025
Business: Bank of India Vs Mrs. Naina Manoj Singh
Adv. Jagannathan present for plaintiff.
Adv. Manish Doshi present through VC for defendant no 3 and defendant 04.
On oral request of defendant, Suit is kept back
Later on at 13:45 Hrs.
Adv. Jagannathan present for plaintiff.
Adv. Manish Doshi present through VC for defendant no 3 and defendant no 04.
Defendant no 01 and 02 called but absent.
Parties to take appropriate steps regarding pending notice of motion.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 11.03.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: (CIS is not working)
Adv. Dhanashree Wakchoure for plaintiff present.
Adv. Isha Thakur for defendants No.3 and 4 present.
Order on Notice of Motion No.997/2023
Defendants No.3 and 4 took out this Notice of Motion for additional issues/framing of issues. The plaintiff has filed say on the said Notice of Motion and submitted to the jurisdiction of this court.
Heard Ld advocates appearing for the parties. Perused record.
As it is evident from the pleading of defendants No.3 and 4 by way of written statement that they have raised defence with respect of to the competency of defendants No.1 and 2 mortgaging the suit property with the plaintiff Bank. In view of thereof, the issues which are proposed by defendants No.3 and 4 by way of this NM required to be framed. Hence, following issues are to be framed. i)  Whether the plaintiff is entitled to a declaration that any amount which may be payable by defendant Nos.1 and 2 is validly secured in favour of the plaintiff under the alleged mortgage of suit property created by defendant No.1.ii)  Whether the plaintiff is entitled to sell the suit property and realize and appropriate the net sale proceeds towards recovery of any amounts that may be due to payable by defendant Nos.1 and 2 to the plaintiff. In view of the foregoing discussion, NM No.997/2023 stands allowed and made absolute in terms of prayer clause (a).
Additional issues are framed
Dictated and pronounced in open court.
Adv. for the defendants No.3 and 4 filed draft Notice of Motion along with affidavit in support. TOR.
O. Leave is granted to register the same.
Copy be served to the plaintiff.
None appeared for defendant No.1. Hence, NM No.1347/2023 be kept under the caption of dismissal.
Matter stands Adj for dismissal of NM on 21-03-2025
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-03-2025

Date: 19-03-2025
Business: Taken on Board for speaking to the minutes.
Perused Record and Roznama Order Dt. 11.03.2025 from Commercial Suit No. 100297 / 2021. Speaking to the minutes, the Court rectifies the typographical errors in the roznama Dt. 11.03.2025 as follows :-
1) In order on Notice of Motion No. 997 / 2023 it is stated as,
Defendants No. 3 and 4 took out this Notice of Motion for recasting / framing of issues.
There is typographical mistake, wherein instead of word recasting, word additional issues is to be quoted.
2) In Order on Notice of Motion No. 997 / 2023, it is stated as,
Issues framed at Exh.12 are recasted.
There is typographical mistake, wherein the entire sentence has to be struck of and in same place Additional issues are framed  is to be quoted.
Accordingly, roznama dated 11.03.2025 be corrected and re-uploaded. Rest of the roznama dated 11.03.2025 stands unchanged.
Parties to note.
Matter already adjd to 21-03-2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-03-2025

Date: 21-03-2025
Business: Adv. Jagannathan for plaintiff present.
Adv. Ritabh Singh for defendant No.3 and 4 present in court hall.
Adv. Manish Doshi for defendants No.3 and 4 present through VC.
Advocate for the defendants No.3 and 4 tendered the registered Notice of Motion No.1681/2025 along with affidavit in support. TOR
Copy of NM served to the plaintiff.
Matter stands Adj for reply to NM No.1681/2025 on 24-04-2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2025

Date: 24-04-2025
Business: Adv. Jagannathan for plaintiff present.
Adv. Rishit Vimadalal   for the defendants No.3 and 4 present.
Exh.   Reply to NM No.1681/2023 filed by the plaintiff.
O. Seen.
Copy served to other side.
Leave to file rejoinder, if any.
Matter stands Adj to 23-06-2025 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 23-06-2025

Date: 23-06-2025
Business: Adv. Jagannathan h/f Adv. O. A. Das for plaintiff present.
Adv. Rishit Vimadalal a/w Adv. Dhaval Pariya i/b Vimadalal and Co. for defendants No.3 and 4 present.
Advocate for the plaintiff submit that Advocate Mr. O.A. Das had   undergone surgery and matter may be kept after two weeks.
Matter stands Adj to 05-07-2025 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-07-2025

Date: 05-07-2025
Business: PO IS ON LEAVE
MATTER ADJD TO
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 24-07-2025

Date: 24-07-2025
Business: Adv. Jagannathan for plaintiff present.
None present for defendant No.1 and 2.
Adv. Dhaval Puriya for defendants No.3 and 4 present in court hall.
Adv. Rishit Vimadalal for defendants No.3 and 4 present through VC.
Exh.47 Advocate for plaintiff filed written submission to NM No.1347/2023. Copy served on defendants No.3 and 4.
Second Notice of Motion 1681/2025 is moved by defendants No.3 and 4 under Order 7 Rule 11 of the Code of Civil Procedure. Plaintiff filed reply on NM No.1681/2025. Advocate for plaintiff submit that advocate on record Mr. O. A. Das is not available due to ailment. Reply filed by plaintiff on NM will be treated as argument of plaintiff on Notice of Motion No.1681/2025.
Kept back for argument of defendants No.3 and 4 on NM No.1681/2025 at 03.00 pm.
Later on at 03.15 pm
Adv. Jagannathan for plaintiff present.
Adv. Dhaval Puriya for defendants No.3 and 4 present.
Matter stands Adj to 29-08-2025 for argument on NM No.1681/2025 by defendant No.3 and 4.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 29-08-2025

Date: 29-08-2025
Business: Adv. Jaganathan for plaintiff present.
Adv. Rishit Vimadalal for defendants No.3 and 4 present through VC.
None appeared for defendants No.1 and 2.
Advocate for plaintiff submit that arguing Counsel Mr. O. A. Das will attend the court in second sessions. Advocate for defendants No.3 and 4 submit that he is not available in second session. Advocate for plaintiff submit that his presence may be excused at the time of argument of defendant No.3 and 4 on notice of motion. Advocate for plaintiff submit that he don’t have any objection if the NM is argued in his absence.
Kept back for argument on NM No.1681/2025.
Later on at 01.10 pm
Argument of defendants No.3 and 4 heard in respect of NM No.1681/2025.
On oral request of advocate Mr. Jaganathan keep it in second session for argument on NM.
Later on in second sessions none appeared physically or virtually on behalf of plaintiff to argue the NM. Hence, reply filed by plaintiff on the Notice of Motion will be treated as argument of Plaintiff.
Matter stands Adj to 10-09-2025 for order on NM No.1681/2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: Adv. Jaganathan h/f Adv. O. A. Das for plaintiff present.
Adv. Rishit Vimadalal for defendants No.3 and 4 present.
Exh.48 Written submission filed by advocate for plaintiff to NM No.1681/2025.
Copy served on other side.
Kept back for order on NM No.1681/2025.
FRSR following order is passed on NM No.1681/2025
ORDER
    1. Notice of Motion No. 1681 of 2025 is allowed.

    2. Plaint (as a whole) in Commercial Suit No. 297 / 2021 stands rejected under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 as against defendant nos. 3 and 4.

    3. Both parties to bear their own cost.

    4. Order is dictated and pronounced in Open Court.

    5. Record of Notice of Motion No. 1681 / 2025 shall form part of Commercial Suit No. 297 / 2021.
Matter stands Adj to 29-10-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: Adv. Jaganathan for plaintiff present.
None present for defendant.
     Plaint is already rejected against defendant No.3 and 4 as a whole. Issues are framed on 11.03.2025. Plaintiff already filed evidence affidavit and further examination in chief already conducted. So put up suit for cross examination of PW-1 and argument on Notice of Motion No.1347/2023.
Matter stands Adj to 29-11-2025 for cross examination of PW-1 and argument on NM No.1347/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-11-2025

Date: 29-11-2025
Business: None present for plaintiff.
None present for defendant.
 Matter stands Adj to 28-01-2026 for argument on NM No.1347/2023. If said notice of motion is not argued on next date then it will be dismissed.
Later on at 01.50 pm.
Adv. Jaganathan for plaintiff present.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 28-01-2026

Date: 28-01-2026
Business: Adv. Vinod Shukla for plaintiff present.
None present for defendant.
   On oral request of advocate for plaintiff, time is granted for service of NM.
Matter stands Adj to 20-04-2026 for service of NM.
Next Purpose: SERVICE
Next Hearing Date: 20-04-2026

Date: 20-04-2026
Business: Adv. Jaganathan h/f Adv. O. A. Das for plaintiff present.
None present for defendant.
     On 10.09.2025 plaintiff filed written submission to NM 1681/2025 that written submission was marked as Exh.48. However, exhibit number was not written in roznama dated 10.09.2025. That notice of motion is already disposed of on merit on 10.09.2025.
        I have gone through record, notice of motion 1347/2023 is filed by defendant No.1 for rejection of plaint. Plaintiff already filed written submission. However, defendant never turned up before this Court for argument on NM 1347/2023. Hence, put up NM 1347/2023 for dismissal order.
Matter stands Adj to 15-06-2026  for dismissal of NM 1347/2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-06-2026

Date: 15-06-2026
Business: Adv. Vinod Shukla for plaintiff present.
None present for defendant.
Order- The NM 1347/2023 is filed by defendant No.1 for rejection of plaint under Order 7 Rule 11 (d) of CPC. It is pending for argument since long, however, defendant and their advocate are absent since long. On 20.04.2026 detail order was passed wherein on absence of defendant and her advocate, NM will be dismissed. Inspite of passing order, today, defendant and her advocate absent. Hence, NM is dismissed for want of prosecution.
Matter stands Adj to 21-07-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-07-2026

Date: 21-07-2026
Business: None present for plaintiff.
Matter stands Adj to 07-08-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-08-2026

Date: 07-08-2026
Business: PO IS ON LEAVE
ADJD TO
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-09-2026

Date: 08-09-2026
Business: Adv. Vinod Shukla for plaintiff present and filed an application to proceed the suit ex-parte against defendant No.1. TOR and marked as Exh.43.
O- Perusal of the record reveals NM 1347/2023 filed by defendant No.1 for rejection of plaint under Order 7 Rule 11 (d) of CPC was dismissed on 15.06.2026. Thereafter, defendant No.1 failed to appear. Hence, suit to proceed further.
Matter stands Adj to 27-10-2026 for cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2026

NOTICE OF MOTION/101347/2023
NOTICE OF MOTION/101681/2025
NOTICE OF MOTION/100997/2023

Filing Number: 105353/2020
Filing Date: 31-10-2020
First Hearing Date: 06th May 2021
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE