Date: 06-02-2020
Business: Adv. Amritpal Singh for plaintiff present and filed original CS 168/20 supported by affidavit and original NM no. 495/20 supported by affidavit. He also filed affidavit of service in NM.
None present for defendant.
Heard Ld. counsel for plaintiff. He sought one week time for hearing him on office objections.
Matter stands Adj for hearing on office objection to 14.02.2020.
Next Purpose: HEARING
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for hearing to 18.03.2020.
Next Purpose: HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: By praecipe matter is taken on today\''s board.
Adv. Amritpal Singh for plaintiff present.
None present for defendant.
Heard Ld. counsel for plaintiff on office objections.
Ld. counsel for plaintiff submitted that the objection no. 1 deals with the valuation of the suit, objection no. 2 deals with prayer clause (n), (p) and (r) respectively that the same are not maintainable, objection no. 3 relates to the non-joinder of wife of the plaintiff as party to the suit on whose instance reliefs are sought and lastly objection no. 4 deals with leave under order 2, rule 2 and u/s 80 of CPC.
So far as objection no. 1 is concerned, he submitted that provisions of section 6(iv)(ha)(hb) of Bombay Court fees Act are not applicable in this case because the plaintiff is not avoiding the sale or acquisition of property in the suit. On the other hand, plaintiff is seeking protection of his possession and declaration that section 14, 34 and 35 of SARFAESI Act, 2002 are unconstitutional.
In this regards, he placed reliance on the provisions of O-XXVII-A of CPC and submitted that plaintiff has made State of Maharashtra as defendant no. 6 and Union of India as Defendant no. 7 as party to the suit and submitted that in view of the above compliance made by the plaintiff as per above said provisions, the office objections do not survive.
He lastly submitted that in view of the urgency in the matter and prayer clause (v) and (w) of the plaint, leave under O-2, R-2 and section 80 of CPC may be granted to institute the suit. It was also submitted that the relations between the plaintiff and his wife are already strained and plaintiff do not want to burden his wife with the litigation. Hence, she is not made plaintiff in the suit. Present suit is filed by the plaintiff as a partner of the firm M/s Anand Trading Corporation and Anand Tyres and it is maintainable in law.
After going through the pleadings and the plaint and documents on record, I find that there is substance in the submissions made by the Ld. counsel for plaintiff. The relief claimed in the suit is for declaration and other consequential reliefs, which are not susceptible in monitory evaluation. Similarly, a prayer clause (n), (p) and (r) respectively are maintainable in law in view of the compliance with the provisions of O-XXVII-A of CPC and other provisions of law.
Lastly, wife of plaintiff is not a necessary party, though she is a proper party. The partner of a firm can institute a suit on behalf of the firm/property of firm and partner of the firm. Considering the urgency in the matter it will be proper to grant leave under O-2, R-2 and Section 80 of CPC. The applications seeking leave are allowed accordingly. Other objections can be kept open to be considered and decided by the court during the trial and suit can be directed to be registered.
Therefore, office is directed to register the suit, keeping objection no. 1 to 3 open to be decided by the court during the trial.
Next Purpose: HEARING
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: matter adjd to 23.03.2020
Next Purpose: HEARING
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Next Purpose: HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Next Purpose: HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. K. Kanalkar for the plaintiff.
None for defendants.
Advocate for the plaintiff tendered registered N/M No.326/2021 along with affidavit in support. t.o.r.
Matter is adjd. to 05/02/2021 for NM reply.
Next Purpose: HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv.Rajesh Adrekar for plff present.
He filed Affidavit of service t.o.r.
Matter is adjd. to 12-02-2021 for reply by deft no.1,2 and 5 and service to the remaining defts.
Next Purpose: REPLY
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv. Nidumpara for plaintiff
Adv. Sawant for the defendant No.1.
She filed undertaking to file vakalatnama on next date.
Matter is adjd. to 25/02/2021 for ch/s reply.
Next Purpose: REPLY
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Matter is adjd. to 16.03.2021 for reply on N/M No.326/21.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Nedumpara A/w Nikita Panhalkar for the plaintiff.
Adv. Amin for the defendants No.1 and 2.
Adv. Mr. Kapse for the defendant No.6
Advocate for the plaintiff tendered registered N/M No.774/2021 along with affidavit in support. t.o.r.
Reply to NM No. 326/2021 filed by advocate for the defendants No.1 and 2.
Heard ld. advocate for the plaintiff partly.
Matter is adjd. to 19/03/2021 for further arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Nidhumpara for the plaintiff present.
Adv. Amin for defendants No.1 and 2 present.
Fourt draft NMs along with affidavit of support tendered by advocate for the plaintiff. O- Leave to register N/Ms granted.
Further argument ld. advocate is heard.
Matter is adjd. to 22.03.2021 for NM hearing at 4.30 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: None present.
Matter is adjd. to 31/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv. Mr. Rajawaleja for the plaintiff.
None for defendants.
On oral request of the ld. advocate for the plaintiff, mater is adjd. to 26/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2021
Date: 26-06-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Court is busy in dictating order in NM-1792/21 (Suit-1568/21) and NM No.3356/18 (Suit-2349/18).Hence board is discharged.
Matter is adjd. to 09.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None present.
KB
LO
As Court is busy in hearing argument in SU 3584/11. Hence, board is discharged.
Matter is adjd. to 15.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: None present for the plaintiff.
Adv Mr.Kudalkar for defendant nos.3 to 5 present.
Matter is adjd. to 26.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: None present for plaintiff. None present for defendant. As plaintiff and his advocate are absent. Matter adjourned for dismissal order to 11.07.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: None present for plaintiff.
None present for defendants.
kb.
l.o. at 05.19 pm.
None present for plaintiff.
None present for defendants.
From the matter on record, it appears that, since long plaintiff and his advocate are absent and they did not take steps to proceed further with the suit and notice of motion no. 326/2021 and notice of motion no. 774/2021 and therefore, the matter is kept for dismissal order. Today also plaintiff and his advocate are absent and did not take steps to proceed further with the suit and the above notice of motions. From the above conduct of plaintiff, it appears that, plaintiff is not interested to proceed further with the suit and the above notice of motions. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 3 Of Code Of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 3 Of Code Of Civil Procedure. As the suit is dismissed, notice of motion 326/2021, notice of motion 774/2021, notice of motion 880/2021, notice of motion 881/2021 notice of motion 882/2021 and notice of motion 883/2021, Notice of motion 495/2020, CC 168/2020 do not survive. Hence notice of motion 326/2021, notice of motion 774/2021, notice of motion 880/2021, notice of motion 881/2021 notice of motion 882/2021 and notice of motion 883/2021, Notice of motion 495/2020, CC 168/2020 are disposed off. Proceeding is closed.
l.o. at 05.35 pm.
Adv. Kapse present for defendant no. 03 to 05.
Nature Of Disposal: DISMISSED
Disposal Date: 11-07-2022
