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Court Order

Final Order 1

CNR MHCC01012209201927 Aug 2021
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 27 Aug 2021 · CNR MHCC010122092019

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104456/2019
Balaji Glaziers and Interiors LLP Vs Kotak Mahindra Bank Ltd.
Date : 27-08-2021
Business : Adv.Archana Mahadik h/f.Adv.Manoj Bhatt for plaintiff
present. None present for defendant. KB LO at 11.37 am
Adv.Ankit Rajput h/f. Adv.Manoj Bhatt for plaintiff
present. Adv.Rupesh Sohoni for defendant present. The
plaintiff tendered pursis, Exh.7 with regard to the
compliance of order dated 11.11.2019 passed in Roznama.
Heard the Ld. Adv. for the plaintiff and the defendant. The
plaintiff submits that in view of order dated 11.11.2019 and
the compliance made in that regard nothing is remained to
decide in NM 4456/2019. Hence, I passed the following
order ORDER The Notice of Motion No.4456/2019 is
taken out by the plaintiff for the interim relief to issue
directions to the defendants to return all the title documents
in respect of shop No.8 by releasing all charges and or lien
upon the said documents/premises, to close the overdraft
facility account of the plaintiff standing with the defendants
and direct the defendants to grant no objection certificate so
as to enable the plaintiff to open bank account with any
other bank. The defendant by reply opposed the grant of
interim relief. My Predecessor has passed order in roznama
dated 11.11.2019 and directed the defendant to return the
title documents of shop No.8 to the plaintiff alongwith no
objection certificate, so as to enable the plaintiff to open
bank account with any other bank subject to plaintiff
depositing an amount of Rs.1,65,200/-. In view of the same,
today the plaintiff has filed pursis, Exh.7 informing that
pursuant to the order the plaintiffs have deposited said
amount Rs.1,65,200/- with the Court on 15.11.2019. The
order as to return of title documents by the defendant has
been complied. The plaintiffs also submitted to dispose off
the notice of motion in view of said compliance. By
considering the reliefs claimed in the notice of motion,
objections raised to the same by the reply,
today&amp#039s pursis, Exh.7 filed by the plaintiff
and upon hearing the parties I am of the view that no
further order is required to be passed in the said NM.
Hence, I passed the following order. ORDER Notice of
Motion No.4456/2019 is disposed off in terms of order
dated 11.11.2019 and compliance to thereof as stated in
pursis Exh.7. Matter adjd for admission and denial by the
defendant. There is possibility of settlement, hence, parties
to consider whether there can be settlement and inform on
the next date so that matter will be referred to lok-adalat.
Nature of Disposal : OTHER
Disposal Date : 27-08-2021
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