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NOTICE OF MOTION

M/s. Muscovite Agro Trading Co.VsIndian Bank and Anr.

CNR MHCC01012830201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 10th May 2025

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104699/2019
Registration Date
07 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-12-2019
    Business: Adv. Jagruti Gaikwad for Plaintiff present.
    None for defendants.
    Adjd. for NM hearing to 7/1/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: None for plaintiff.
    Adv. Vaidehi Joshi for defendant present.
    As per office order No. 66 of 2020 dated 16 March, 2020, the Hon''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
    Matter adjd for NM reply and WS to 26-06-2020 at 2.45 pm.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-06-2020
    
    Date: 26-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None present.
    Today matter is for NM reply and WS.
    The Hon\''ble High Court directed as per clause 4 of SOP                  dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for NM Reply and WS on 04/02/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv. for plaintiff present and seeks adjournment to file rejoinder to reply of defendant.
    None for defendant.
    Adjournment granted as last chance to file rejoinder
    Adjd for NM reply to 12/03/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Nobody present.
    The reply of defendant is not on record. However as per last roznama adv. for plaintiff requested for adjournment on the ground to file rejoinder affidavit.
    Adjd for NM reply as last chance to 06/07/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: Due to COVID-19 matter adj. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Board is discharged
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: Court is Vacant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Matter pertains to C.R.No.59
    Adv. Kavita Shinde for plaintiff present.
    None present for defendant.
    Matter ajdd for NM reply on 07/01/2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Court is Vacant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: AS PO IS ON TRAINING
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: Matter called out at 3.02 pm
    None for plff
    None for Defendant
    Matter is adjd on 24.08.2022 for Reply on NM
    Later on at 3.19 pm
    Adv for the plff present
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Matter called out at 3.30 pm
    Adv Kavita Shinde for plff present
    None for Defendant
    Defendant has not filed reply.  Put up for appropriate order on next date.
    Matter is adjd on 07.10.2022 for NM Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: Matter called out at 4.45 pm
    Adv Kavita Shinde for plff present
    None for defendant
    Adv for plff submits that plff No.2 has expired.  She seeks time to take further steps.  Granted.
    Matter is adjd on 21.11.2022 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Matter called out at 3.08 pm
    None for plff
    None for defendant
    Matter is adjd on 01.02.2023 for Steps
    LO Plff No.3 a/w Adv Kavita Shinde for plff present
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: Adv. for plaintiff present and tendered draft Ch/s along with affidavit in support. TOR -O – Leave is granted to register the same.
    None for defendant
    Copy be served upon other side.
    Matter is adjd on 10-03-2023  for Ch/s
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 10-03-2023
    
    Date: 10-03-2023
    Business: Adv. Kavita Shinde for plaintiff present and tendered registered Ch/s 276/23 along with supporting affidavit. TOR
    None for defendant.
    Adv. for plaintiff seeks time to file service affidavit.
    Matter is adjd on 11-04-2023 for Ch/s reply.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: adjd to
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: Adv. Kavita Shinde for plaintiff present.
    Matter is adjd on 17-06-2023 for Ch/s
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Representative of plaintiff present, his advocate absent.
    Adv. Ms. Akanksha Sarpole I/b M/s. R.J Singh & Co for defendant present.   She seeks time
    Adjournment Application tendered by Ld. Advocate for defendant t.o.r and marked as Exh. 7
    Order : Adjournment Application is granted subject to cost of Rs. 1,000/- to be paid to the plaintiff on or before next date.
    Matter is adj to 28.08.2023 for Reply on Chamber Summons.
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy hearing of other matters, recording evidence in Sessions Case hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Adv.Akanksha Sarpole a/w Adv.Priyanka Sugdare i/b R.J.Singh and Company for plaintiff present.
    Matter is adj to 20/09/2023 for reply on C/S.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-09-2023
    
    Date: 20-09-2023
    Business: PO is on Leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-11-2023
    
    Date: 01-11-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Nikita Sarmalkar for plaintiff present.
    Adv. Akanksha Sarpole i/b R.J.Singh and Company for defendant present.  She filed reply to C/S No.276/2023.
    She seeks time to file reply on N/M No.4699/2019.  Very last chance is granted.
    Matter is adj to 12/02/2024 for reply on N/M and argument on C/S.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: None present for plaintiff.
    Adv. R. J. Singh for Defendants present.
    Matter is adj to 29.04.2024 for Ch/s Argument
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 29-04-2024
    
    Date: 29-04-2024
    Business: CORAM - H.H.J. SHRI. S. B. JOSHI-(C.R.NO.61)
    Matter pertains to Cr.No.59.
    Plaintiff No.3 and his Adv.Kavita Shinde are present.
    Adv. for defendant absent. Defendant absent.
    Defendant failed to file written statement since long hence suit is kept for passing NO WS order.
    Since long defendant failed to file reply to N/M hence N/M to proceed without reply of defendant for argument.
    As defendant is absent, last chance is granted to the defendant to argue on chamber summons.  Chamber Summons is kept for argument by both sides.
    Matter is adj to 06/05/2024 for argument on N/M and C/S and NO WS order.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.Kavita Shinde for plaintiff present.
    Adv.R.J.Singh for defendant present.
    Partly heard both the sides on C/S No.276/2023.
    Matter is adj to 29/06/2024 for argument on C/S P.H.
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 29-06-2024
    
    Date: 29-06-2024
    Business: PO IS ON LEAVE.
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 20-07-2024
    
    Date: 20-07-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    None for plaintiff.
    Adv.R.J. Singh for defendant present.  He seeks time to argue on N/M and C/S.  Time granted as a last chance.
    Matter is adj to 17/08/2024 for argument C/S P.H and N/M.
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    Business: PO IS ON LEAVE-(C.R.NO.59)
    None for plaintiff.
    Adv. for defendant present.
    Matter is adj to 21/09/2024 for argument C/S P.H.
    Later on at 3.30pm
    Adv.Kavita Shinde for plaintiff is present.    She seeks short date, hence request of Adv. for plaintiff date is preponeded and matter kept on 05/09/2024 subject to intimation to other sides.
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 05-09-2024
    
    Date: 05-09-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    None present.
    Matter is adj to 29/11/2024 for argument on C/S P.H, argument on N/M and necessary order.
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 29-11-2024
    
    Date: 29-11-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    None for plaintiff.
    Adv.Pankaj Uttaradhi h/f Adv.R.J.Singh for defendant No.1 present.  He seeks time to argue on C/S and N/M.  Time granted as last chance.
    Matter is adj to 31/01/2025 for argument on C/S P.H.
    Later on at 3.52pm
    Adv.Kavita Shinde for plaintiff present.
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 02-01-2025
    
    Date: 02-01-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    Adv.Kavita Shinde for plaintiff present.
    Harish Madiyar-Plaintiff No.3 present.
    None for defendant.
    Keep Back.
    Matter called out at 4.34pm
    Adv.Kavita Shinde for plaintiff present.
    Harish Madiyar-Plaintiff No.3 present.
    None for defendant.
    As per record and proceeding N/M No.4699/2019 is pending for reply of defendant but defendant fails to file reply to N/M.
    Defendant called repeatedly he is absent.  C/S No.276 of 2023 is pending for hearing since long hence, defendant is directed to remain present on next date proceed with C/S No.276 of 2023 if, fails C/S will be decided on merit against defendant.
    Plaintiff also preferred application(Exh-8) for withdrawal of suit but as per record plaintiff No.2 is reported to be died hence, application (Exh-8) be kept for hearing after deciding C/S No.276/2023.
    Matter is adj to 20/01/2025 for hearing on C/S No.276/2023 and reply on N/M.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-01-2025
    
    Date: 20-01-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    Plaintiff No.3 present, his advocate absent.
    None for defendant.
    Keep Back.
    Matter called out at 4.37pm
    Adv.Kavita Shinde for plaintiff present.
    Pulkit Sankhla-Manager Indian Bank Mumbai present.
    Defendant is directed to advance argument on C/S No.276/2023 other wise C/S will be decided on merit.
    Matter is adj to 27/01/2025 for argument on C/S.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-01-2025
    
    Date: 27-01-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    Plaintiff No.3 present.
    Adv.Kavita Shinde for plaintiff present.
    Adv.R.J. Singh for defendant Nos.1 and 2 present.
    By consent of both the parties, matter is adj to 31/01/2025 for hearing on C/S.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-01-2025
    
    Date: 31-01-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    None present.
    Keep Back.
    Second time matter called out at 4.41pm
    Adv.Kavita Shinde for plaintiff present.
    Adv.Govind Munde i/b Adv.R.J. Singh for defendant present and filed adjournment application t.o.r marked as Exh-9.  Order-Other side to say.
    Adv. for plaintiff filed say on Exh-9itself.
    Heard both the sides on Exh-9.
                               ORDER ON EXHIBIT-9
         Read application and say.  Heard both the sides. Perused record and proceeding presence C/S No.276/2023 is taken out by plaintiff in February-2023 thereafter, defendant filed reply on August-2023 and matter was posted for hearing on C/S.  From the record it is clear that C/S is pending since one year.  As per consent of both the parties today’s date was given for hearing on C/S but defendant remains absent no medical certificate in support of adjournment application is filed on record hence, application (Exh-9) is rejected.
    Matter is adj to 10/02/2025 for hearing by plaintiff on C/S No.9/order on C/S.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-02-2025
    
    Date: 10-02-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    Plaintiff No.3 is present, his advocate absent.
    Adv.R.J. Singh a/w Adv.Govind Munde for defendant Nos.1 and 2 present.
    Heard Ld.Adv. for defendant Nos.1 and 2 on C/S No.276/2023.
    Matter is adj to 15/02/2025 for order on C/S No.276/2023.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 15-02-2025
    
    Date: 15-02-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    Adv.Tanmay Kate h/f Adv.Kavita P. Shinde for plaintiff present.
    Adv.Govind Munde i/b Adv.R.J. Singh for defendant Nos.1 and 2 present.
    F.R.S.R following order is passed on Chamber Summons No.276 of 2023.
    ORDER
    1. The Chamber Summons No.276 of 2023 is allowed.
    2. Plaintiff is permitted to carry out necessary amendment as per Schedule within 14 days from the date of this order and to file amended plaint within statutory period.
    3. The Chamber Summons No.276 of 2023 is disposed off.
    Matter is adj to 11/03/2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-03-2025
    
    Date: 11-03-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    Adv.Kavita Shinde for plaintiff present and sought time for taking steps. Order-Granted.
    Adv.Govind Munde for defendant present.
    Matter is adj to 04/04/2025 for taking steps by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-04-2025
    
    Date: 04-04-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    None for plaintiff.
    Adv.R.J. Singh for defendant present.
    Plaintiff is directed to tender registered C/S No.820/2025 on record on or before next date.
    Matter is adj to 19/04/2025 for reply on C/S No.820/2025.
    Later on at 3.32pm
    Adv.Kavita Shinde for plaintiff present and tendered registered C/S No.820/2025 along with affidavit in support. T.O.R.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Matter pertains to C.R. No.59.
    Plaintiff No.3 a/w his Adv. Kavita Shinde is present.
    Assistant Manager of defendant Bank namely Pulkit Kanojia a/w his Adv. Hitendra Pandey i/b Adv. R. J. Singh is present. He seeks time. Advocate for plaintiffs has objection.
    Matter adjourned for filing reply to CS No.820/2025 by defendant as a last chance to 23.04.2025.
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-04-2025
    
    Date: 23-04-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    Adv.Kavita Shinde for plaintiff present.
    Adv.Hitendra Pandey for defendants present.
    Keep Back.
    Second time matter called out at 3.21pm
    Adv.Kavita Shinde for plaintiff present.
    Adv.Hitendra Pandey for defendants present and filed reply to C/S No.820/25 itself.
    Heard both the sides on C/S No.820/2025.
    F.R.S.R following order is passed on Chamber Summons No.820 of 2025.
    ORDER
    1. The Chamber Summons No.820 of 2025 is made absolute in terms of prayer clause (a) and (b).
    2.  The Chamber Summons No.820 of 2025 is disposed off.
    Matter is adj to 08/05/2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-05-2025
    
    Date: 08-05-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    Adv.Kavita Shinde for plaintiff present.
    Adv.Hitendra Pandey for defendant present.
    Ld.Adv. for plaintiff submitted that matter is going to be settled hence, requested to refer the matter to lok-adalat.  Matter referred to lok-adalat.
    Matter is adj to 10/05/2025 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 10-05-2025
    
    Date: 10-05-2025
    Business: MATTER PERTAINS TO CR NO.59
    Adv. Kavita Shnde along with plaintiff present and submitted that matter is settled and plaintiff is withdrawing the suit. Accordingly, parties have signed the Appendix-A form at Exhibit-9. In view of terms of settlement
    LOK-ADALAT AWARD
    1.Suit No.2948/2019, is decreed in terms of Award passed in Lok-Adalat (Exhibit-9).
    2.Award passed in Lok-Adalat (Exhibit-9) shall form part and parcel of the decree.
    3.Pending Notice of Motion/ applications, if any, shall stand disposed off.
    4.Parties shall bear their own costs.
    5.Court fees, be refunded, if any, to plaintiffs, as per rules.
    6.Compromise decree be drawn up, accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 10-05-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 113200/2019
    Filing Date: 07-12-2019
    First Hearing Date: 18th December 2019
    Decision Date: 10th May 2025
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    10 May 2025
    Order Details: Notice of Motion
    Pdf Text: N/M No. 4699 of 2019 in Suit No. 2948 of 2019
    MATTER PERTAINS TO CR NO.59 Adv. Kavita Shnde along with
    plaintiff present and submitted that matter is settled and plaintiff is
    withdrawing the suit. Accordingly, parties have signed the AppendixA
    form at Exhibit9. In view of terms of settlement LOKADALAT AWARD
    1.Suit No.2948/2019, is decreed in terms of Award passed in Lok
    Adalat (Exhibit9). 2.Award passed in LokAdalat (Exhibit9) shall form
    part and parcel of the decree. 3.Pending Notice of Motion/ applications,
    if any, shall stand disposed off. 4.Parties shall bear their own costs.
    5.Court fees, be refunded, if any, to plaintiffs, as per rules.
    6.Compromise decree be drawn up, accordingly.
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