Mr. Rajesh Vishwanath MishraVsIndusInd Bank

Date: 04-02-2022
Business: 04/02/2022 CORAM- H.H.J. SHRI.K.V.MORE (COURT ROOM NO.4)
Suit No.251/2022  (By Precipe)
Adv.Anandprakash Mishra  for plaintiff present.
None for defendant.
Exh.1  Plaint.
Exh.2  Vakalatnama on behalf of Plaintiff.
Exh.3  Memorandum of registered address.
Exh.4  List of documents.
Adv. for plaintiff has taken out draft Notice of Motion alongwith affidavit in support and prays for leave to register the same.
O- Leave is granted to register the same.
Plaintiff to serve Writ of Summons and Notice of Motion upon defendant through Court Bailiff.
At the request of Ld. Adv.for the plaintiff, matter is adjourned to             10-02-2022 for service report of Notice of Motion and Writ of Summons.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: 10/02/2022 CORAM- H.H.J. SHRI.K.V.MORE (COURT ROOM NO.4)
Suit No.251/2022
Adv.Anandprakash Mishra for plaintiff present.
None for defendant.
Registered Notice of Motion No.335/2022 alongwith affidavit in support tendered by Adv.for, t.o.r.
Exh.5  Original Writ of Summons filed by Ld. Adv.for the plaintiff, t.o.r.
Heard Ld. Adv.for plaintiff for some time. Plaintiff has filed present suit against defendant Bank for restoration of credit card services, not to levy further interest penalty and pending the hearing of the suit not to harass plaintiff for the disputed payment. Plaintiff was issued credit card by the defendant Bank initially thereafter on 28.02.2021 plaintiff made request to block the credit card facility from the mobile application and also requested to issue new credit card. The case of plaintiff is of fraud on his new credit card for which plaintiff has already registered F.I.R. in Charkop Police Station. The investigation of the offence is in progress. Now defendant Bank is demanding the due amount of Rs.5,42,000/- and charging interest and penalty interest on the same hence plaintiff is seeking interim relief to retrain the defendant Bank from calculating interest levying penalty and not to cause harassment of the plaintiff. Notice of Motion is served upon the defendant Bank but nobody has appeared on behalf of defendant therefore, the prayer of plaintiff in the Notice of Motion has to be allowed in absence of any objection by the defendant Bank and I proceed to pass the following order -
              ORDER ON NOTICE OF MOTION NO.335/2022
1.Notice of Motion No.335/2022 is made absolute in terms of prayer clause (a) and (b).
2.Notice of Motion No.335/2022 is disposed of, accordingly.
Matter is adjourned to 04-04-2022 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: 04/04/2022 CORAM- H.H.J. SHRI.K.V.MORE (COURT ROOM NO.4)
Suit No.251/2022
Adv.Anand Prakash for plaintiff present.
None for defendant.
Matter is adjourned to 22-06-2022 for Written Statement.
Later on,
Adv.Dinesh Rajpurohit present and undertakes to file Vakalatnama on behalf of defendant on next date.
Matter is already adjourned to 22-06-2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: 22/06/2022 COURT IS ON LEAVE. (C.R. NO.4)
SU 251/2022
As the P.O. is on leave, hence board is discharged and matter is adjourned to 27-07-2022 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: 27/07/2022 CORAM- H.H.J. SHRI. R.M. MISHRA (C.R. NO.4)
SU 251/2022
Adv. Anand Prakash Mishra for plaintiff present.
Nimesh Kumar Representative of Bank present.
K.B. L.O.
Adv. Megha Jani for defendant present.
Rest of the appearance is same.
Exh.6 Application for taking documents on record filed by Advocate for plaintiff, t.o.r.
O- Application is allowed to the extent of production of record only.
Exh.7 Vakalatnama filed by Advocate for defendant, TOR. O- Filed.
It be kept for consideration on the point of limitation, if any.
Advocate for defendant has taken out draft Notice of Motion alongwith affidavit in support and prays for leave to register the same. O- Leave is granted to register the same.
Copy supplied to plaintiff
Matter is adjourned to 11/10/2022 for reply to Notice of Motion.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: 11/10/2022 CORAM- H.H.J. SHRI. R.M. MISHRA (C.R. NO.4)
SU 251/22
Adv. Anand Prakash for plaintiff present.
Adv. Megha Jani for defendant present.
K.B. L.O.
Same appearance.
Say given by advocate for plaintiff on notice of motion itself.
Ld. Advocate for the plaintiff strongly objected to condone delay and for taking the written statement of the defendant on record on the ground that there is intentional delay on the part of the defendant. Infact, perusal of the record shows that the notice of motion taken out by the plaintiff for interim reliefs already been allowed. Moreover, written statement is already tendered on record by the defendants which shows that pleadings are almost completed and trial would begin as soon as issues are framed. Thus, considering all these circumstance, coupled with the reliefs prayed in the suit, in my view, it will be just and proper to decide the suit on merit by granting opportunity to the defendants to contest the matter by filing the written statement. The plaintiff can be compensated by awarding reasonable costs towards delay caused by the defendants. Hence, following order-
1. Draft notice of motion is allowed in terms of prayer clause (a) and (b) subject to costs of Rs. 2,000/- to be paid to the plaintiff through his advocate on or before the next date.
2. Draft notice of motion be registered for statistical purpose.
Advocate for defendant tendered registered N/M No. 3183/22  alongwith affidavit in support, T.O.R. which is already disposed off.
Matter is adjourned to 21/12/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: 21/12/2022 CORAM- H.H.J. SHRI. R.M. MISHRA (C.R. NO.4)
SU 251/22
Adv. Anand Prakash Mishra for plaintiff present.
Adv. Megha Jani for defendant present.
Advocate for plaintiff has taken out draft Notice of Motion alongwith affidavit in support and prays for leave to register the same. O- Leave is granted to register the same.
Copy supplied to defendant.
Matter is adjourned to 20/02/2023 for reply to notice of motion.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: 20/02/2023 CORAM- H.H.J. SHRI. R.M. MISHRA (C.R. NO.4)
SU 251/22
(NM No. 4186/22)
Plaintiff and advocate absent.
Adv. Megha Jani for defendant present.
Matter is adjourned to 13/06/2023 for reply to notice of motion.
Later on. Adv. Jagnnath Shanbag h/f A. P. Mishra for plaintiff present.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: 13/06/2023 CORAM- H.H.J. DR. (SMT.) NEELKANTH SRISHTY (C.R. NO.4)
SU 251/22
(NM No. 4186/22)
Adv. Jagannath Shanbaug h/f Anandprakash Mishra for plaintiff present.
Defendant and advocate absent.
Matter is adjourned to 09/08/2023 for reply to notice of motion.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: As court is on leave hence, board is discharged and matter is adjourned to
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: Date - 22/11/2023 (C. R. NO. 4)
251/2022
As P.O. is on leave, hence board is discharged and matter is
Adj for reply to notice of motion to 08-03-2024.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 08-03-2024

Date: 08-03-2024
Business: Date - 08/03/2024 (C. R. NO. 4)
Civil Suit 251/2022
Holiday Declared on 08-03-2024 on Account of Mahashivratri, hence board is
Adj to 12-07-2024 for reply to notice of motion.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 12-07-2024

Date: 12-07-2024
Business: 12/07/2024 CORAM- H.H.J. SHRI. A.V.DHULDHULE  (C. R. NO. 4)
Civil Suit 251/22
(n/m no.4186/22)
None appeared.
Reply not filed. N/m proceed without reply.
Adjd to 11-12-2024 for n/m hearing.
L.O Adv Imran Shaikh for plaintiff present.
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: 11/12/2024 CORAM- H.H.J. SHRI. A.V.DHULDHULE  (C. R. NO. 4)
Civil Suit 251/22
(n/m no.4186/22)
(CNR No.MHCC04-000591-2022)
Adv D.R Shukla for plaintiff present.
None for defendant.
Oral adjournment sought by adv for plaintiff.
Adjd to 16-04-2025 for n/m hearing.
L.O Adv Megha Jani for defendant present.
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 16-04-2025

Date: 16-04-2025
Business: 16/04/2025 CORAM- H.H.J. SHRI. A.V.DHULDHULE  (C. R. NO. 4)
Civil Suit 251/22
(n/m no.4186/22)
Adv Anand Prakash Mishra for plaintiff present.
None for defendant.
Adjd to 08-09-2025 for n/m hearing.
L.O Adv Megha Jani for defendant present.
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 08-09-2025

Date: 08-09-2025
Business: 08/09/2025 CORAM- H.H.J. SHRI. B. D. PAWAR  (C. R. NO. 4)
Civil Suit No. 251/2022
Adv. D. R. Shukla for plaintiff present.
Adv. Megha Jani for defendant present.
KB
L.O.
Adv. Anandprakash Mishra for Plaintiff present.
Advocate for plaintiff tendered register NM no. 4186/2022 along with affidavit .
Adjd to 16/01/2026 for N/m hearing
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 16-01-2026

Date: 16-01-2026
Business: 16/01/2026 CORAM- H.H.J. SHRI. S. M. Agarkar  (C. R. NO.17)
Civil Suit 251/2022
MHCC04-000591-2022
R and P received today under transfer from Cr. No. 4.
Adv D. R. Shukla for plaintiff present.
Adv Chetana Dharod h/f Adv. Megha Jani for defendant present.
Adv for plaintiff and defendant seeks time for N/m hearing.
Matter is adjourned to 15.04.2026 for N/m hearing.
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 15-04-2026

Date: 15-04-2026
Business: 15/04/2026 CORAM- H.H.J. SHRI. S. M. Agarkar  (C. R. NO.17)
Civil Suit 251/2022
MHCC04-000591-2022
Adv Anandprakash Mishra for plaintiff present.
Adv Megha Jani for defendant present.
Representative of defendant bank present.
Kb
Lo
Same appearance.
Exh.8 Adv for defendant tendered affidavit in suit no.251/2022.
Adv for plaintiff not pressed the N/m No. 4186/2022. Hence it is disposed of accordingly.
Exh.9 Written statement of defendant taken on record.
Matter is adjourned to 13.08.2026 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-08-2026

Date: 13-08-2026
Business: Court is vacant.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-10-2026

Notice of Motion/4186/2022
Notice of Motion/335/2022
Notice of Motion/3183/2022

Registration Number: 251/2022
Transfer Date: 14-10-2025
From Court: 4 - Judge City Civil Court and Additional Sessions Judge
To Court: 17 - Judge City Civil Court and Additional Sessions Judge

Filing Number: 606/2022
Filing Date: 24-01-2022
First Hearing Date: 04th February 2022
Court Number And Judge: 17-Judge City Civil Court and Additional Sessions Judge