Date: 17-01-2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: None for plaintiffs.
Adv. Mr. Kudalkar for the defendant no.9.
Advocate for the defendant no.9 tendered registered Ch/s No. 36/2021 along with affidavit in support. t.o.r.
The plaintiffs have lodged the suit on 09/12/2019. Since then, the matter is on stamp number. Today also, plaintiffs and their advocate are absent. So, last chance is granted to plaintiffs for removing office objections till next date.
Matter is adjd. to 10/02/2021 for removal of office objections and reply to Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Rajesh Adrekar for the plaintiff.
Court time is over.
Matter is adjd. to 11/02/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv. Rajesh Adrekar for plaintiffs.
Advocate for plaintiffs filed applications under section 80 (2) and Order II Rule 2 of CPC.
ORDER
Considering the nature of the suit and reliefs sought for, to my mind, an opportunity of being heard should be granted to defendants before deciding the above applications. It seems that plaintiffs have removed the office objections except for the bar under section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Section 80 of CPC. So, the suit be registered without prejudice to the right of defendants to raise objections as to the maintainability of the suit and other legal issues, if any.
Matter is adjd. for directions to 22/04/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Due to covid-19, matter is adjd to
Next Purpose: C/S REPLY
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv. Mr. Nidumpara for the plaintiff present.
Adv. Ms. Priya Nidvekar for defendants No.1 to 3 present.
Adv. Mr. Vishal Yadav for the defendant No.4 present.
Adv. Mr. Jain for the defendant No.9 present.
Advocate for the plaintiff tendered registered N/M No.1747/2021 along with affidavit in support. t.o.r.
Advocate for the plaintiff affidavit of service. O- seen.
Two draft NMs along with affidavit in support of NM tendered by advocate for the defendant No.4. O- Leave to register N/Ms granted.
Reply to NM 1747/2021 filed by Adv. Ms. Priya Nidvekar for defendants No.1 to 3. It is t.o.r.
The ld. advocate of plaintiff is repeatedly direct to wind up argument in short. Because this Court is already over Burden with regular work. But, just taking time of the Court, the advocate insisting to this Court to listen him for long time. Already ten minutes have spent by this Court to listen his repeated submission. Because of other work this matter is kept back.
L.O at 05.10 p.m.
Heard argument of ld. advocate of plaintiff at 05.10 p.m. to 05.22 p.m. and heard argument of ld. advocates of defendant No.1 to 4 at 05.23 p.m. to 05.42 p.m.
Further heard argument of ld. advocate of plaintiff at 05.42 p.m. to 05.50 p.m.
This Court started dictation inspite of that the ld. advocate of plaintiff repeating his same submission of jurisdiction which this Court has already listen from him.
The ld. advocate of plaintiff submitted that this Court has jurisdiction to entertain the suit. He further submitted that some property is lying at Goa and some property at Delhi. Therefore, this Court has jurisdiction to entertain the suit. The suit is filed by plaintiff in the year 2019. Since, then it is pending in the Court. Now, plaintiff is came with urgent relief in NM. by challenging notice of the defendants regarding auction of suit property on 12/08/2021. The ld. advocate of defendants submitted that this Court has no jurisdiction to entertain the suit. Section 34 of (SARFAESI), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is applicable to this case and this Court has no jurisdiction to entertain the suit. Heard lengthy arguments from both sides and this Court started dictation of the order inspite of that the ld. advocate of the plaintiff repeatedly submitted he has to listen more.
He submitting same submission repeatedly. Therefore, this Court started dictation of the order. From both the side, there is legal question that this Court has no jurisdiction either territorial or legal jurisdiction to entertain the suit. But, the suit is already filed in 2019, which is till now pending in the Court. The plaintiff has challenging auction notice dated 12/08/2021. Today, 11/08/2021, the suit is sub-judice before the Court. The question of jurisdiction will be decided later on. But, considering urgent relief and pendency of the suit before the Court it is necessary to direct defendants not to take action in respect of auction notice dated 12/08/2021.
Matter is adjd. to 18/08/2021 for tendering registered NM/ NM reply.
Next Purpose: REPLY
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Adv. Sharad Koli for plaintiff present.
Adv. Sushant Yadav for defendant No.3 present.
Adv. Shriram Redij for defendant/Union of India present.
Advocate for the defendant No.3 tendered registered N/M No.1782/2021 along with affidavit in support. t.o.r.
Advocate for the defendant No.3 tendered registered N/M No.1783/2021 along with affidavit in support. t.o.r.
Matter is adjd. to 11/11/2021 for NM No.1782/2021 and NM No.1783/2021 reply.
Next Purpose: REPLY
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: REPLY
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv. Sandhya Present for plaintiff.
Adv. Patil present for defendant no. 03.
None present for other defendants.
Matter adjourned for nm hrg. To 02/05/22.
Next Purpose: REPLY
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Adv. Sandhya Tiramare present for plaintiff and she tendered original registered Notice of Motion No. 150/2022 @ affidavit. t.o.r.
She again tendered original registered Notice of Motion No. 1676/2022 @ affidavit. t.o.r.
Adv. Rediz present for defendant 10 and 11.
Adv. Arshan Lenin present for defendant no. 04.
Plaintiff failed to file reply to the NM no. 1782/2021.
Matter adjourned for hearing on nm 1782/2021 to 15/07/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: None present for plaintiff.
Adv. Horambe present for defendant 10 and 11.
Adv. Rama Nageshwar present for defendant no. 04.
None present for other defendants.
Heard arguments ld adv. For defendants 04 on nm no. 1782/2021.
As plaintiff and his adv. are absent, Matter adjourned for argument of plaintiff on nm no. 1782/2021 if any to 04/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Neha Mishra present for plaintiff.
Adv. Pramar Nageshwar present for defendant 04.
Adv. Shriram rediz present for defendant no. 10 and 11.
kb
l.o. at 04.28 pm.
Adv. Nedampura present for the plaintiff and sought adjournment.
Matter adjourned for arguments of plaintiff on nm to 07/09/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: As p.o. is on leave, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Adv. Neha mishra present for plaintiff and sought adjournment.
Intern Hf adv. Sriram rediz present for defendant.
Adv. Rama nageshwar present for defendant no. 04.
None present for other defendants.
Matter adjourned for nm hearing to 03/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Adv. Neha mishra present for plaintiff and sought adjournment.
Adv. Shyam horamber present for defendant 10 and 11.
Adv. Rama nageshwar present for defendant no. 04.
Adv. Priya nigwekar present for defendant no. 01.
Matter adjourned for hearing on nm no. 1782/2021 of plaitniff as a last chance to 30/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Adv. Sharad koli present for plaintiff and sought adjournment.
Adv. Rama Nageshwar present for defendant 04 and submitted that, she will tender written notes of arguments.
Adv. Priya nigbekar present for defendant no. 01 to 03.
Matter adjourned for arguments of plaintiff if any on nm no. 1782/2021 and submission of written notes of arguments to 16/12/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. Neha mishra present for plaintiff.
Adv. Rama nageshwar present for defendant 04.
Adv. Sayee Redij present for defendant no. 10 and 11.
None present for other defendants.
As court is busy in hearing arguments on nm execution application no. 222/2022 in suit no. 785/2019. Hence, Matter adjourned for nm hearing to 27/01/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv. Neha mishra present for plaintiff.
Adv. Rama nageshwar present for defendant no. 01.
Adv. Shyam horambe present for defendant no. 10 and 11.
None present for other defendants.
As court is busy in dictating order on nm in group matter i.e. suit no. 901/20, 902/20, 961/20, 962/20, 963/20 and 1030/20. Hence,
Matter adjourned for nm hearing to 09-02-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: Court is on leave.
Adjourned to-
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Adv. Neha Mishra present for plaintiff and sought adjournment.
Adv. Sai Rediz present for defendant no. 10 and 11.
Adv. Rama Nageshwar present for defendant no. 04.
Matter adjourned for nm hearing as a last chance/order to 27/03/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv. Neha mishra present for plaintiff and sought adjournment on the ground that, advocate on record has been to Kochin for personal work.
Adv. Prasad Bhabal present for defendant no. 04.
Adv. Shriram Rediz present for defendant no. 10 and 11.
Matter adjourned for nm 1782/2022 hearing to 05-06-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: Adv. Shamim for plaintiff present.
Adv. Rama Nageshwaram defendant No.4.
Adv. Priya Nigwekar for defendant No.1 present.
Adv. Shriram Redis for defendant Nos.10 and 11 present.
Adv. Suraj Kudalkar present for defendant No.6.
Matter adjourned for NM Hearing to 28.06.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: None present for plaintiff.
Adv. Smita Hartalkar present for defendant No.10 and 11.
Matter adjourned for NM hearing to 23.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Adv. Shamin present for plaintiff.
Adv. Rama Nageshwaran For defendant No.4 present.
Adv. Shyam Holambe present for defendant No.10 and 11.
Matter adjourned for NM hearing to 13.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: As court is on leave. Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2023
Date: 02-11-2023
Business: Adv. Sandhya Tirmare present for plaintiff. She prays for an adjournment. Adjournment is granted as last chance. Adv. Rama Nageshwaran for defendant No.4 present. Adv. Smita Hatalkar h/f. Adv.Redij present for defendant No.10 and 11. Matter adjourned for hearing on NM 1747/2021 to 20.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2023
Date: 20-12-2023
Business: dv. Sneha Shajin h/f. Nedumpara present for plaintiff.
Adv. Rama Nageshwaran for defendant No.4 present.
Adv. Smita Hatalkar h/f. Adv.Redij present for defendant No.10 and 11.
Adv. Jagannathan B. h/f. Adv. O.S. Das present for defendant Nos.1 to 3.
Matter adjourned for hearing on NM 1747/2021 to 23.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2024
Date: 23-02-2024
Business: Adv. Adarsh Kanojia h/f. Nedumpara present for plaintiff.
Adv. Jagannathan B. h/f. Adv. O.S. Das present for defendant Nos.1 to 3.
Adv. Rama Nageshwaran for defendant No.4 present.
Adv. Krishna Yadav h/f. Adv. Suraj Kudalkar present for defendant/State.
Matter adjourned for hearing on NM 1747/2021 to 15.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: Adv. Adarsh Kanojia h/f. Nedumpara present for plaintiff.
Adv. Jagannathan B. h/f. Adv. O.S. Das present for defendant Nos.1 to 3 and tendered registered notice of motion No.411/2020. Taken on record.
Adv. Rama Nageshwaran for defendant No.4 present.
Adv. Shriram Redij present for defendante Nos.10 and 11.
Heard argument of both sides on Notice of Motion No1782/2021
ORDER
1) Notice of Motion No.1782/2021 is allowed.
2) Plaint in S.C. Suit No.1265/2021 is rejected.
3) S.C. suit no.1265/2021 is disposed off. It appears from perusal of record that registered notice of motions No.294/2020, 411/2020, 1747/2021, 150/2022, 1783/2021 and 1676/2022 and chamber summons No.36/2021 are pending in this matter. They also stand disposed off.
4) Notice of Motion No.1782/2021 is disposed off accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 15-03-2024