Komal Vineet DujodwalaVsReligare Finvest Ltd. and Anr.

Date: 31-01-2020
Business: By praecipe matter is taken on today\''s board.
Adv. Nikhil Patil with Adv Gajanan Shinde for plaintiff present and filed original Nm no. 434/20 along with affidavit. He also filed affidavit of NM no. 434/20.
Adv. Nishant Rana for defendant no. 2 present and filed draft NM along with affidavit. Leave granted to register draft NM. He undertakes to serve the plaintiff well in advance before next date.
Heard Ld. counsel for both the sides regarding grant of interim relief to the plaintiff as per prayer clause (a) of the motion. Ld. counsel for defendant has opposed the request for grant of interim relief and submitted that plaintiff\''s suit is itself not maintainable and this court has no jurisdiction. He also submitted in this regard that he also taken out a draft motion today itself. He will be submitting reply to motion taken out by the plaintiff by next date. Hence, prayed for any early date.
In view of the above, no order is passed regarding interim relief in the matter.
Hence, Matter stands Adj for filing reply and hearing on NM on 05.02.2020.
Next Purpose: REPLY
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Adv. Nikhil Patil with Adv Gajanan Shinde for plaintiff present and filed original writ of summons.
Adv. for defendant no. 1 present and filed original NM no. 539/20 along with affidavit.
Adv. Nishant Rana with Adv. Chinmayee Ghag for defendant no. 2 present and filed reply to NM no. 434/20. Copy served on other side.
Heard both sides on NM no. 539/20 for some time.
Ld. counsel for both the sides fairly submitted that pleadings in the motion are complete. they have no objection to frame the preliminary issue as to the jurisdiction of the court in view of NM no. 539/20 filed by the defendants and after hearing both the side to decide the same on the merits.
In view of the above, preliminary issues are framed in the suit.
Preliminary issues as to the jurisdiction of the court are framed.
Matter stands Adj for hearing on preliminary issues and Nm no. 539/20 and 434/20 to 11.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: The court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Adv. Patil for plaintiff present.
Adv. Nishant Rana for defendant no. 1 and 2 present.
  FRSR following order is passed below
                                  ORDER
1.         NM no. 539 of 2020 is hereby allowed and made absolute.

2.      In the present suit, the plaint is liable to rejected under order 7, Rule 11(d) of the CPC as barred by provisions of section 34 r/w section 17 SARFAESI Act, 2002 and it is rejected accordingly.
3.         A decree shall be drawn.
4.         Parties shall bear their own costs.
           NM no. 539 of 2020 and the suit is disposed of accordingly and so also NM no. 434 of 2020 is disposed of as infructuous.
Nature Of Disposal: DISMISSED
Disposal Date: 05-03-2020

Main Case No: SUIT/0102880/2019
Main Cnr: MHCC010087382019
Main Filing No: 111447

Filing Number: 101203/2020
Filing Date: 28-01-2020
First Hearing Date: 31st January 2020
Decision Date: 05th March 2020
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE