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Commercial Suit

The Co-op Bank Employees UnionVsAbhudaya Co-operative Bank Ltd. and 4 ors +5 more

CNR MHCC01007462201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PLAINT RETURN
Decision Date: 04th April 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100769/2021
Registration Date
16 Aug 2019

Advocates

4

Parties

7

Acts & Sections

1
Hindu Marriage Act · Sec 34 · 37

Case History / Proceedings

Case History
Date: 19-08-2019
Business: Matter adjd to 26.08.2019 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Rakesh Sawant for plaintiff present.
Adv. for defendant absent.
Advocate for plaintiff tender rejoinder to the affidavit of the defendant no.1.
Advocate for plaintiff tender affidavit in rejoinder to the reply filed by def.no.6 for def.no. 2 to 6.
Matter adjd to 05.09.2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 05-09-2019

Date: 05-09-2019
Business: Adv. for plaintiff present.
Adv. for defendant present.
By consent matter adjd. to 19/9/19  for reply.
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Shmiana for plaintiff present.
Adv.K.B. Adyanthaya for defendant no. 1 present.
Adv. Ashish Kanojia for defendant no. 2 to 6 present.
Matter adjd to 07.10.2019 for hearing on notice of motion no. 2821/2019.
Next Purpose: HEARING
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Court is on leave. Matter adjd to 10.12.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff present.
Adv.Ashish Kanojia for defendant no. 2 to 6 present.
Perused record, plaintiff at the time of filling suit prefer application for ad-interim relief and accordingly order was passed in favour of plaintiff. Later on plaintiff has taken out notice of motion no.2821/2019 after granting leave to register defendant no. 2 to 6 is appeared  and tender their reply. Thereafter matter is posted for argument. However, plaintiff failed to argue the matter till today. Today also Adv. Husen is present on behalf of advocate but she shown her inability to argue the matter in absence of holding advocate. Notice of motion is pending since 20.07.2019, no steps taken by plaintiff, hence I proceeded to pass following order.
ORDER
1) Plaintiff is directed to argue notice of motion on next date without fail otherwise order passed by this court dated 20.07.2019 stands automatically vacated.
2) Plaintiff to take note of order.
Matter adjd to 02.01.2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Plaintiffs present.
Defendants present.
Adv.Rakesh Sawant for plaintiff present.
Adv. K.B.Adyanthogre for defendant no. 1 present.
Adv.Sanjeev Punalekar for defendant no. 2 to 6 present.
Partly heard, Ld. Counsel for plaintiff.
Matter adjd to 09.01.2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Representative of plaintiff is present.
Representative of defendant is present.
Adv. Rakesh Sawant for plaintiff is present.
Adv. Adv. K.B. Adyanlhogre for defendant no. 1 is present.
Adv. Adv.Sanjeev Punalekar for defendant no. 2 to 6 is present.
Ad-interim if any, continue till next date.
Matter adjd to 24.01.2020 for hearing.
Judge
Next Purpose: HEARING
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Plaintiff absent.
Representative of defendant present.
Adv.Shrikant for plaintiff present.
Adv.K.B.Adyanlhogre for defendant  no. 1 present.
Adv. Sanjeev Punalekar for defendant no. 2 to 6 present.
Both advocate orally requested to adjourned the matter on next date. Oral request is accepted and matter is adjourned on next date.
Ad -interim if any, continued till next date.
Matter adjd to 10.02.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Adv.Peerzada for plaintiff present.
Adv.Adhayanta for defendant no. 1 present.
Adv. for defendant no. 2 absent.
As court is busy in dictating judgment in Suit No. 4431/2010.
Matter adjd to 03.03.2020 for hearing on notice of motion.
Next Purpose: HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv.Mr.A.S.Peerzada  with Adv Iqbal Shaikh for plaintiff present.
Adv.K.B.Adyanthaya for defendant no.1.
Adv Mr.Sanjiv Punalekar for defendant nos.3 to 6.
Argument heard from both sides.
Matter adjd to 24/3/2020 for order.
Ad.interim order if any to continue till next date.
Next Purpose: ORDER
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: ORDER
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: PO is on leave
Next Purpose: ORDER
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Adv. A. S. Peerzada along with Adv.  Iqbal Shaikh  for plaintiff present.
Adv. K. B. Adyanthaya for defendant no. 1 present.
Adv. Amit Saple for defendant no. 2 and 5 present and filed vakalatnama t.o.r. and marked as Exh.3
Adv. Kishor Kadam for defendant no. 3 present.
Matter is adjd.to 08-10-2021 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Adv. A.S. Peerzada  for plaintiff present.
Adv.  K. B. Adyanthaya for defendant no. 1 present.
Adv.  K. P. Anilkumar  alongwith Amit Saple for defendant no.  2 and 5 present.
Adv. Vinod Tayade alongwith Rashmi S. Dandekar for defendant no. 3  and 4 present.
Adv. Vinod Tayade submitted that industrial Court Bandra has appointed administrator and the said order is stayed for four weeks.
Adv.  K. P. Anilkumar submitted that defendant no. 6 died on 18-04-2021 and he wants to file rejoinder.
Matter is adjd.to 18-11 -2021 for rejoinder of  deft. no. 2
and 5.
Next Purpose: REJOINDER
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Adv. Peerzada a/w Adv. Iqbal & Adv. Rakesh Sawant for plaintiff present.
Adv. Tritesh Kotian h/f Adv. K. B. Adyanthaya for defendant no. 1 present.
Adv. Amit Sapale a/w Adv. Chinmay Aapte h/f Adv. Anilkumar  defendant no. 2 & 5 present and filed affidavit in reply t.o.r.
Adv. Vinod Tiyade for defendant no. 3 & 4 present.
Considering submission of Adv. K. P. Anilkumar made on 08-10-2021, defendant no. 6 died on 18-04-2021. No application is moved for bringing his legal representatives on record within period of 90 days from the date of death. Hence, the suit is abated against defendant no. 6 as per Order 22 Rule 4 (3) of the C.P.C..
Defendant no. 1,3 & 6 had already filed reply affidavits. Today defendants no. 2 & 5 have also filed reply affidavit. As defendant no. 4 failed to file reply and matter is old one, NM No. 2821/19 is kept for hearing without reply of defendant no. 4.
Earlier order if any, to continue till next date.
Matter is adjd.to 17-12 -2021 for NM Hrg. (12.30pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: None for plaintiff.
 Adv. K. B. Adyanthaya for defendant no. 1 present.
Adv. Amit Saple for defendant no. 2 and 5 present.
Adv. Vinod Tayade  for defendant no. 3 present and submitted that order passed by Industrial Court is under challenge before Hon’ble High Court and the said matter is on 06-01-2022 and therefore, this matter may be kept after that date.
Considering submission of Adv. Vinod Tayade, matter is adjourned to 28-01-2022.
Matter is adjd.to 28-01 -2022 for NM Hrg. (3.00 pm)
LO
Adv. Vijay Ghedia for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: Adv. Vijay Ghedia i/b Adv. Rakesh Sawant for plaintiff present.
Adv. K. B. Adyanthaya  for defendant no. 1 present.
None for defendants  no. 2 to 5.
Earlier order if any, to continue till next date.
Matter is adjd.to  10-03-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Adv. Vijay Ghedia for plaintiff present.
Adv. K. B. Adyanthaya for defendant no. 1 present and submitted that matter before Honble High Court is kept on 15-03-2022. He prayed for adjournment.
Adv. Vinod Tayde  for defendant no. 3 present.
None for defendant no. 2 and 5.
With consents of both sides, matter is adjourned to 12-04-2022.
Earlier order if any, to continue till next date.
Matter is adjd.to 12-04-2022 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Adv. Vijay Ghedia for plaintiff.
Adv. K. B. Adyanthaya for defendant no. 1 present.
Adv. Vinod N. Tayade for defendant  no. 3 present.
Earlier order if any, to continue till next date.
Matter is adjd.to  22-06-2022 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. V. N. Tayade for defendant No. 3 and 4 present and sought time for NM argument.
Adv. Vijay Ghedia i/b Adv. Rakesh Sawant for plaintiff present.
Adv. Tritesh Kotian for defendant no.1 present.
Earlier order if any to continue till next date.
Adjd for NM hearing to 15/09/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: Matter pertains to C.R. No.31
Adv. A. S. Peerzada a/w Adv. Iqbal Shaikh for plaintiff present.
Adv. K. B. Adhyanthaya for defendant no.1 present.
Adv. V. N. Tayade for defendant no.3 and 4 present.
Earlier order if any to continue till next date.
Adjd to 20/10/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: Adv. A.S. Peerzada for plff. present.
Adv. Vinod Taide for deft. Nos. 3 and 4 present.
Adv. K.B. Adyanthaya for deft. No. 1 present.
Adv. Amit Saple for defendant no.2 and 5 present.
Application filed by deft. No.4 for condoning the delay and setting aside the order dated 18.11.2019.
Affidavit in support of application
Earlier order to continue till next date.
Adjd. to 17.11.2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: Adv. Vijay Kedia for plaintiff present and sought time to file reply to NM.
Adv. Adyanthaya for defendant No. 1 present.
Adv. K. P. Anilkumar for defendant No. 2 and 5 present and objected for adjournment
Adjd for NM reply to 19/11/2022
L. O
Adv. Rakesh Sawant along with adv. Shamiyana for plaintiff present and submitted that earlier order be continued.
Adv. Piyush Shah for defendant No. 4 present and has no objection for continuation of earlier order
Adv. AnilKumar for defendant No. 2 and 5 not present at this stage.
It is submitted by adv. for plaintiff that she tried to contact Adv. Anilkumar for defendant No. 2 and 5 but was unable to reach. It is submitted by adv. for plaintiff that ad-interim order be continued.
Heard adv. for plaintiff and adv. for defendant No. 4 at length.
The ad-interim was still in existence. If the order is discontinued then the plaintiff will suffer loss therefore the said ad-interim order needs to be continued till next date. Hence earlier order shall continue till next date.
Matter is adjd to 19/11/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: Adv. Rakesh Sawant for plaintiff present.
Adv. Adyanthaya for defendant no.1 present.
Adv. K. P. Anilkumar i/b Amit Saple for defendant no. 2 and 5 present.
Ld. Adv. for plaintiff filed the say on Exh.4.
Ld. Adv. for defendant 2 and 5 submitted that he wants to file say on Exh.4 and sought time. O- time grated.
Earlier order shall continue till next date.
Adjd. 25.11.2022 for reply of defendant 2 and 5 on Exh.5
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Adv. Shamiana along with Adv. A. S. Peerzada i/b Adv. Rakesh Sawant for plaintiff present.
Adv. K. B. Adhyanthaya for deft No. 1 present and submitted that his reply may be treated as argument on NM No. 2821/19
Adv. V. N. Tayade for defendant No. 3 and 4 present.
Adv. K. P. Anil Kumar for defendant No. 2 and 5 present.
Earlier ad-interim order to continue till next date.
Adjd for NM hearing to 08/12/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Adv. A. S. Peerzada along with adv. Iqbal Shaikh for plaintiff present.
Adv. K. P. Anilkumar for defendant No. 2 and 5 present.
Adv. V. N. Tayade for defendant No. 3 and 4 present.
Adv. for plaintiff filed handwritten say on Exh. 4 itself.
Reply of defendant No. 2 on Exh. 4 filed. t.o.r. and marked as Exh.  6 O- R and R
Heard arguments of adv. V. N. Tayade for defendant No. 3 and 4, adv. Anilkumar for deft no. 2 and 5 and adv. Peerzada for plaintiff on Exh 4.
Earlier ad-interim order to continue till next date
Adjd for order on Exh. 4 to 12/12/2022
Next Purpose: ORDER
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Mr. Vinod Tayde for defendant nos. 3 and 4 present.
Adv. A. S. Peerzada for plff. present.
Adv. Anilkumar for deft No. 2 present.
FRSR the following order is passed on Exh. 4
ORDER
1. Application at Exh. 4 in commercial Suit no. 769 of 2021 is allowed.
2. The order of no reply dt. 18.11.2021 passed against defendant No. 4 is set aside.
3. The defendant No. 4 is permitted to file affidavit in reply to the Notice of motion no. 2821 of 2019.
4. Order accordingly.
Earlier ad-interim order, if any, to continue till next date.
Adjd. to 21.12.2022 for argument on Notice of Motion 2821/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Adv.Peerzada a/w. Iqbal Shaikh for the plaintiff present.
Adv. Vinod Tayde for the defendant No. 3 and 4 present.
Adv. Tritesh Kotian for the defendant No.1  present.
Adv. K.P. Anil Kumar for defendant      No. 2 and 5 present.
Defendant Nos. 2 and 5 sought time for argument on NM.
Reply of defendant No. 4 is taken on record and it is already marked as Exh. 5.
Earlier ad-interim order, if any to continue till next date.
Case is adjourned for argument on notice of motion  to 17.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Matter pertains to Cr.No.31
Adv.Peerzada for plaintiff present.
Adv. Vinod Tayde for the defendant No. 3 and 4 present.
Adv. Adhyanthan for the defendant No.1 present.
Adv.Ms.Priyanka Kumar for defendant No. 2 and 5 present.
Ld.Adv. Peerzada filed application for extension of earlier ad-interim order (Exh-7).
Adv. for defendant No.3 and 4 as well as defendant No.1 have shown no objection to extend the earlier order till next date.  In view of submission, earlier ad-interim order, if any to continue till next date.
Matter is adj to 31/01/2023 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: Adv.Peerzada for plaintiff present.
Adv. Tritesh Kotian for defendant no.1 is present.
Adv. Vinod Tayde for the defendant No. 3 and 4 present.
Adv.Amit Saple h/f Adv. K.P. Anil Kumar for defendant No. 2 and 5 present and sought time for NM hearing as senior counsel is busy in other court.
Ld adv for plaintiff objected.
In the interest of justice adjournment granted.
Earlier ad-interim order if any to continue till next date.
Case is adjourned for NM hearing to 09-02-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Adv Peerzada for plaintiff present.
Adv K.B.Adhyanthaya for defendant no 1 present.
Adv Vinod Tayde for defendant no 3 and 4 present.
Adv k.P.Anilkumar for defendant no 2 and 5 present.
Interim order if any to continue till next date.
By consent case is adjourned for 9.3.23 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: CORAM  H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Adv. Mr. A.S. Peerzada a/w Iqbal Shaikh i/b Rakesh Sawant for plaintiff present.
Adv. Mr. K.B. Adyanthaya for defendant no. 1 is present.
Adv. V.N. Tayade for defendant no. 3 and 4 is present.
Adv. Mr. K.P. Anil kumar for defendant no. 2 and 5 is present and sought time.
Earlier interim order to continue till next date.
Case is adjourned on 10.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Mr. A.S. Peerzada a/w Iqbal Shaikh i/b Rakesh Sawant for plaintiff present.
Adv. Mr. K.B. Adyanthaya for defendant no. 1 is present.
Adv. V.N. Tayade for defendant no. 3 and 4 is present.
Adv. Mr. K.P. Anil kumar for defendant no. 2 and 5 is present.
Earlier order continued till next date.
Case is adjourned for NM hearing to 02-05-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: Adv. Iqbal shaikh for plaintiff
Adv. K.B. Adyanthaya for defendant no.1 is present.
KB at 2.45 pm LO at 3.25 pm
Adv for plaintiff is present.
Adv. Chinmay Apte for defendant nos. 2 and 5 is present.
Adv Upadhay h/f Vinod Tayade for defendant nos.3 and 4 is present.
Earlier order if any continued.
Case is adjourned for NM hearing to 03-05-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: Adv. Iqbal shaikh for plaintiff
Adv. K.B. Adyanthaya for defendant no.1 is present.
None for defendant no.2 and 5.
Adv Ashwin Singh for defendant no.3 and 4 is present.
With consent of both sides, matter adjourned.
Earlier order if any continued till next date.
Case is adjourned for NM hearing to 04-05-2023 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: Adv A.S. Peerzada for plaintiff is present.
Adv. K.P. Agarwal for defendant no.2 and 5 is present.
Adv. K.B. Adyanthaya for defendant no.1 is present.
Adv. Ashwin Singh for defendant no.3 and 4 is present.
Earlier order if any continued till next date.
Case is adjourned for NM hearing to 15-06-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: Matter pertains to C.R.No.31
Adv. A. S. Peerzada for plaintiff present.
Adv. K. B Adyanthaya for defendant no.1 present.
Adv. K. P. Anil Kumar for defendant no.2 and 5 present.
Adv. V. N. Tayade for defendant no.3 and 4 present.
Earlier ad-interim order, if any to continue till next date.
Matter adjourned to  13.07.2023 for hearing on notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: The Co-op Bank Employees Union Vs Abhudaya CHSL
Adv. A. S. Peerzada present for plaintiff.
Adv. K. B. Adyanthaya present for defendant No..
Adv. K. P. Anil Kumar present for defendant No. 2 and 5.
Adv. Vinod Tayde present for defendant No.3 and 4.
Exh.8- Notice of Motion No.2821/19 filed by plaintiff (Exhibit marked today).
Exh.9- Affidavit in support of Notice of Motion No.2821/19 filed by plaintiff (Exhibit marked today).
Exh.10- reply to Notice of Motion No.2821/19 filed by defendant No.1 (Exhibit marked today).
Exh.11-reply to Notice of Motion No.2821/19 filed by defendant No. 2 and 5 (Exhibit marked today).
Exh.12- reply to Notice of Motion No.2821/19 filed by defendant No.3 (Exhibit marked today).
Exh.13-reply to Notice of Motion No.2821/19 filed by defendant No.6 (Exhibit marked today).
Exh.14- Rejoinder filed by plaintiff to reply filed by defendant No.1(Exhibit marked today).
Exh.15- Rejoinder filed by plaintiff to reply filed by defendant No.6 (Exhibit marked today).
Earlier ad-interim relief, if any to continue till next date.
Matter adjourned to 04.08.2023 for Notice of Motion hearing at 15.00 Hrs.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: The Co-op Bank Employees Union Vs Abhudaya CHSL.
Adv. Iqbal Shaikh present for plaintiff.
Adv. K. B. Adyanthaya present for defendant No.
Adv. Chinmay Apte present for defendant Nos. 2 and 5.
Adv. Vinod Tayade present for defendant Nos. 3 and 4.
All counsels are seeking oral adjournment for arguments.
Perusal shows that, the Suit was filed in the year 2019 and the plaintiffs have also preferred Notice of Motion in the year 2019. Since then, interim stay is being extended.
Considering the age of the Suit and Notice of Motion, parties to argue the Notice of Motion on next date, without fail. Else, put for necessary order.
Matter adjourned to 09.08.2023 for Arguments at 15.00 hours.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: Adv. Iqbal Shaikh present for plaintiff.
Adv. K. B. Adyanthaya present for defendant No.
Adv. Chinmay Apte present for defendant Nos. 2 and 5.
Adv. Vinod Tayade present for defendant Nos. 3 and 4.
Paucity of time with Court.
Interim relief if any to extend till next date.
Matter already adjourned to 30.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: The Co-op Bank Employees Union Vs Abhudaya CHSL
Adv. Iqbal Shaikh present for plaintiff.
Adv. K. B. Adyanthaya present for defendant No.1.
Amit Sable present for defendant No.2 and 5.
Adv. Vinod Tayade present for defendant Nos. 3 and 4.
Exh.16 – Synopsis of argument filed by plaintiff.
Exh.17 – Additional affidavit in reply to NM  No.2821 / 2019 filed by defendant No.1.
Exh.18 – Written notes of arguments filed by defendant No.1.
Exh.19 – Synopsis of argument filed by defendant No.3.
Exh.20 – Written argument filed by defendant No.4.
Exh.21- Synopsis of arguments defendant No.2 and 5.
Interim relief if any, continue to till next date.
Matter adjourned to 18.09.2023 for NM arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: The Co-op Bank Employees Union Vs Abhudaya CHSL
Court hall shifted from 3rd Floor to 1st Floor on 16.09.2023.
Adv.  A. S. Peerzada a/w Iqbal Shaikh present for plaintiff.
Adv. Tritesh Kotian present for defendant No.1.
Adv.  Amit Saple present for defendant no. 2 and 5.
Paucity of time with the court.
On submission of all counsel matter adjourned for 12.10.2023.
Interim relief to conitnued to till next date.
Matter adjourned to 12.10.2023 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: The Co-op Bank V/s Abhudaya CHSL
Plaintiff lawyer called, but absent.
Adv. Adhayathaya present for defendant No.1.
Adv. K. P. Anil Kumar present for defendant No.2 and 5.
Adv. Vinod Tayade present for defendant No.3 and 4.
Exh.22  - Additional affidavit in reply filed by defendant No.3.
defendant No.2 and 5 submitted that, they do not want to file reply to Exh.22.
Defendant No.1 Bank submitted that they want to file reply to Exh.22.
Matter adjourned to 06.11.2023 for NM arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: The Co-op Bank Employees Union Vs Abhudaya CHSL
Adv. A. S. Peerzada present for plaintiff.
Adv. K. B. Adiyanthaya present for defendant no.1
Adv. Anil Kumar present for defendant no.2 and 5.
Adv. Tawade present for defendant no.3 and 4
Due to paucity of time matter adjourned to 28.11.2023 at 15.00 Hrs.
Ad-interim order if any to continue till next date.
Case adjourned to 28.11.2023 for NM arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: Adv. A. S. Peerzada present for plaintiff.
Adv. K. B. Adyanthaya present for defendant no. 1.
Adv. J. P. Anilkumar, Chinmay Apte present for defendant no. 2 and 5.
Adv. Vinod Taide present for defendant no. 3 and 4.
Adv. K. B. Adyanthaya submitted that the Reserve Bank of India has appointed administrator over the defendant no.1 bank.  Hence, its details are necessary in this suit.
In back drop of afforsaid submission, all plaintiffs and defendant to take appropriate steps in the suit as per provisional of Law.
Interim relief, if any, to continue till next date.
Case adjourned to 07.12.2023 for NM argument / Compliance.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: The Co-op Bank Employee VS Abhudaya Co. Operative Bank
Adv. A. S. Peerzada present for plaintiff.
Adv. K. B. Adyanthaya present for defendant no. 1.
Adv. Chinmay Apte present for defendant no. 2 and 5.
Adv. Vinod Taide present for defendant no. 3 and 4.
Exh.23- additional affidavit in reply to Notice of Motion No. 2821/2019 filed by defendant no.1 on 28/11/2023. (Exhibit marked today)
Exh.24- adv for defendant no.1 filed application along with press release dt. 24/11/2023 on record.
Case adjourned to 05.1.2024 for hearing of Notice of Motion.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
The Co-op Bank V/s Abhudaya CHSL
Plaintiff side called, but absent.
Adv. K. P. Anilkumar and Adv. Amit Saple Present for defendant No. 2 and 5.
Defendant No.3 Kishore Kadam present.
Parties to take appropriates steps.
Interim relief if any to continue till next date.
Case adjourned to 30.01.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
The Co-op Bank Employees Union V/s Abhudaya Co-op. Bank
Adv. A. S. Peerzada present with plaintiff.
Adv. K. P. Anilkumar present for defendant Nos.2 and 5.
Adv. Vinod Tayde present with defendant Nos. 3 and 4.
None present for defendant No.1.
Perused roznama Dt. 28.11.2023.
Today, plaintiff, defendant No. 2 to 5 have concluded their arguments on pending Notice of Motion No. 102821 / 2019.
Perusal shows that, defendant No.1 and all the parties have already filed written arguments on 30.08.2023.
Defendant No.1 is granted opportunity to make oral submissions, if any.
Interim relief, if any continue till next date.
Case adjourned to 01.02.2024 at 15.00 hrs for arguments of defendant No.1.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-02-2024

Date: 01-02-2024
Business: The Co-op Bank Emplooyees V/s Abhudaya Co-perative Bank
Plaintiff representative Sunil Salvi present. His counsel absent.
Adv. K.B. Adyanthaya Present for defendant No.1.
He concluded his arguments on NM 102821 / 2019.
Rest counsels are absent.
On oral request of plaintiff, Suit is adjourned for reply of plaintiff.
Suit adjourned to 05.02.2024 at 15.00 for reply of plaintiff.
Next Purpose: REPLY
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Co-op Bank employees Union V/s Abhudaya Bank
Adv. A. S. Peerzada and Adv. Iqbal Shaikh present for plaintiff.
None present for defendant No.1 Bank.
Chandrkanat Patil present for defendant No.2 Abhudaya employees.
Kishore Kadam present for defendant No.3.
Defendant No. 4 to 6 are absent.
Heard Adv. A. S. Peerzada.
All present today, submitted that, the argument are concluded.
Suit adjourned to 22.02.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: Co.op Bank employee V/s Abhudaya Co-op Bank
Plaintiff representative Sunil Salvi, Amit Murkar, Prakash Waghmare present.
None present for defendant No.1.
Defendant No.2 representative Chandrkant Patil, Mahadev Jadhav, Sunil Choudhary, Mayur Divekar and Yogesh Kadam present.
Defendant No.3 Kishor Kadam present.
Stenographer is on leave.
Suit is adjourned for order on Notice of Motion.
Suit adjourned to 26.02.2024 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: The co-op Bank Employee V/s Abhudaya co-op Bank
Plaintiff representative Chandrkant Patil , Mahadev Jadhav.
Stenographer is on leave.
Suit adjourned to 29.02.2024 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-02-2024

Date: 29-02-2024
Business: The co-op Bank employee V/s Abhudaya Co-op Bank
All called, but absent.
Stenographer is on long leave.
Suit adjourned to 18.03.2024 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: All called but absent.
Stenographer is on leave.
Suit adjourned to 04.04.2024 for orders.
Later on at 15.00 hrs.
Prakash Waghmare present for plaintiff.
Chandrakant Patil and Mahadev Jadhav present for defendant.
Suit adjourned to 04.04.2024 for orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: The Co-op Bank Employees Union Vs Abhudaya Co-operative
All called, but absent.
FRSR following order is passed in Notice of Motion No. 2821 / 2019
       ORDER
    1. Notice of Motion No. 102821 of 2019, is filed.

    2. Plaint of Commercial Suit No. 100769 / 2021, Co-operative Bank Employees Union Vs. Abhudaya Co-operative Bank, be returned to the Plaintiff U / Order 7 Rule 10 of Code of Civil Procedure, 1908, for presenting the same before appropriate forum.

    3. Parties are at liberty to agitate about Notice of Motion No. 102821 / 2019, before the appropriate forum.

    4. This be considered as intimation of the decision of the Court to the plaintiff. Plaintiff is at liberty to make an application U / Order 10-A of the Code of Civil Procedure for necessary compliance.

    5. Interim relief granted by my Learned Predecessor on 20.07.2019, is extended for next two months from the date of this Order, so as to facilitate the parties to approach the appropriate Forum.

    6. Order pronounced in Open Court in presence of Mayur Ramchandra Divekar, representative of D2-Union, by explaining the substance of Order.

    7. Parties be informed about their right to challenge this Order and period of limitation for same.

    8. Record of Notice of Motion shall be part of Commercial Suit No. 100769 / 2021.
Nature Of Disposal: PLAINT RETURN
Disposal Date: 04-04-2024

Additional Case Details

Additional Case Details
Filing Number: 107982/2019
Filing Date: 18-07-2019
First Hearing Date: 19th August 2019
Decision Date: 04th April 2024
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

3
Final Order 2Full order available
04 Apr 2024

Order Details: Notice of Motion Pdf Text: NM 102821 / 2019 Co-op. Bank Employees – Abhudaya Order (Exh.8) 1 of 8 City Civil and Sessions Court, Mazgaon Greater Mumbai Court Room No. 31 – Commercial Court, (Additional District Judge : Vijay S. Hingne, LL. M.) MHCC010077362019 Notice of Motion Filed : 20.07.2019 Arguments Over : 05.02.2024 Decided on : 04.04.2024 Duration : 4 Y, 8 M, 15 Days Exhibit No.8 Commercial Suit No. 100769 / 2021 Notice of Motion No.…

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Interim Order 1Full order available
12 Dec 2022

Order Details: Order below exhibit Pdf Text: 1 OBE 4 in Comm. Suit 769/2021 ORDER BELOW EXHIBIT 4 IN NOTICE OF MOTION NO. 2821 OF 2019 IN COMMERCIAL SUIT NO. 769 of 2021 The Cooperative Bank Employees Union, Mumbai ...Plaintiff Versus Abhudaya Cooperative Bank Ltd. & Ors. ….Defendants Appearance: Adv. Vinod Tayade for Defendant Nos. 3 and 4. Adv. K.P. Anilkumar for Defendant Nos. 2 and 5 Adv. A.S. Peerzada for Plaintiff. CORAM : SHRI. A.S.SALGAR ADHOC JUDGE, (C.R.NO.31) DATED…

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Order 1Full order available
12 Dec 2022

Order Details: Order below exhibit Pdf Text: 1 OBE 4 in Comm. Suit 769/2021 ORDER BELOW EXHIBIT 4 IN NOTICE OF MOTION NO. 2821 OF 2019 IN COMMERCIAL SUIT NO. 769 of 2021 The Cooperative Bank Employees Union, Mumbai ...Plaintiff Versus Abhudaya Cooperative Bank Ltd. & Ors. ….Defendants Appearance: Adv. Vinod Tayade for Defendant Nos. 3 and 4. Adv. K.P. Anilkumar for Defendant Nos. 2 and 5 Adv. A.S. Peerzada for Plaintiff. CORAM : SHRI. A.S.SALGAR ADHOC JUDGE, (C.R.NO.31) DATED…

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