Date: 08-02-2018
Business: Adv. Kashmira Sayyed for plff present.
Adv. Ronnie for Deft.no.6 to 12 present.
Adv. Nair for Deft.no.13 present.
Registered NM 460/18 tendered by plff.
Affidavit of service tendered by plff.
Service affidavit transpired that service is completed against Deft.no.1 to 5. None appeared for Deft.no.1 to 5. NM to proceed without reply of Deft.no.1 to 5.
Reply tendered by Deft.no.6 to 12.
Ld.Adv for plff requested for adjournment for argument.
Adj as a last chance for argument. Liberty is granted to Deft.no.13 to file reply.
Adj for arguments to 21.02.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2018
Date: 21-02-2018
Business: Adv. Kashmira Sayyed for plff present.
Adv. Yogendra for Deft.no.2 present.
Adv. Pradnya for Deft.no.6 to 12 present.
Adv. Amruta for Deft.no.13 present.
K.B.
L.O.
Heard arguments of Adv. for Deft.
K.B.
L.O.
Adv. Mathew for plff present.
Adv. Pradnya for Deft.no.6 to 12 present.
Ld.Adv. Shri. Mathew tried to take photographs of reply on his mobile. At that time he is requested to go outside of the Court and take the snaps of his own proceedings. He failed to do so and he has taken photographs in open Court. Therefore the Duty Officer ASI Shri. Bhalbar buckle no.21984 attached to Dahisar P.Stn asked him to hand over the mobile. He refused to do so. Thereafter from 1pm to 2 noon his arguments are heard. He is requested to argue on relevant aspects only. He failed to listen. Hence adj for order with liberty to file written arguments to 07.03.2018.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-03-2018
Date: 07-03-2018
Business: Both parties and Adv. are absent.
K.B.
L.O. at 11.30am.
Adv. Parmar for plff present.
Adv. Amruta Joshi for Deft no.13 present.
On oral request of Adv. Parmar keep back for arguments.
K.B.
L.O. at 12 noon.
Adv. Parmar for plff present.
Adv. Amruta Joshi for Deft.no.13 present.
On oral request of Adv. Parmar keep back for arguments.
K.B.
L.O. at 1.05pm.
Adv. Parmar for plff present.
No argument on behalf of plff.
NM to proceed without argument with liberty to file written arguments.
Adj for order on NM to 31.03.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 31-03-2018
Date: 31-03-2018
Business: Court is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 05-04-2018
Date: 05-04-2018
Business: Adv. Heena Shaikh for plff present.
Adv. Madan Mohan for deft.no.6 to 12 present.
Adv. Yogendra for deft.no.2 present.
Deft.no.2 tendered reply to NM No.1096/18.
Heard argument of deft.no.1 and deft.no.6 to 12 on NM No. 1096/18.
K.B for argument of Plff.
L.O.
R and P shows that ample opportunity is already granted to plff. Stepping ahead the dates are also fixed as per convenience of plff. In spite of this, plff failed to argue all the Nms. Today also junior Advocate of plff requested for an adjournment. The conduct on the part of plff shows that plff is prolonging the passing of orders on NM. Therefore request is rejected. All the Nms are placed for order on next date with liberty to file written arguments.
Adj for order on NM to 07.04.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 07-04-2018
Date: 07-04-2018
Business: By Precipe.
Adv. Heena Shaikh for plff present.
Two draft Nms tendered by plff.
O- Leave is granted to register both Nms.
Rejoinder filed by plff.
Adj for production and service of NM to 09.04.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-04-2018
Date: 09-04-2018
Business: Adv. Heena Shaikh for plff present.
Adv. Madan Mohan for deft.no.6 to 10 present.
K.B.
L.O.
Adv. Mathew for plff present.
Adv. Madan Mohan for deft.nos.6 to 10 present.
Registered NM no.1469/18 and NM No.1470/18 tendered by plff.
Service affidavit filed by plff.
The service affidavit transpired that service is not completed against deft.nos.1 and 2 and relief is claimed against deft.no.1 and 2. Hence plff is directed to serve the notice of both NM on deft.no.1 to 4 through Sherif office.
Adj for service and reply on both NM to 18.04.2018.
Next Purpose: SERVICE
Next Hearing Date: 18-04-2018
Date: 18-04-2018
Business: As Court is on leave, hence board is discharged and adj to 04.05.2018.
Next Purpose: SERVICE
Next Hearing Date: 04-05-2018
Date: 04-05-2018
Business: Adv. Kashmira Sayyed for plff present.
Affidavit of service of NM No.1469/18 and NM No.1470/18 filed by plff.
Adj to 21.06.2018 for reply on NM.
L.O.
Adv. Pradnya Kulkarni for Bank of India present.
Adv. Amruta Joshi for deft.no.13 present.
Next Purpose: REPLY
Next Hearing Date: 21-06-2018
Date: 21-06-2018
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 01-08-2018
Date: 01-08-2018
Business: Adv D\''Silva for plff present.
Adv Amruta Joshi for deft no.13 present.
Matter adjd to 3/08/2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-08-2018
Date: 03-08-2018
Business: Adv. mahamuni for pltff present.
Adv.Pradnya Kulkarni for Bank of India present.
Adv. Amruta Joshi for deft no. 13. present.
Matter adjd to28.8.2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 28-08-2018
Date: 28-08-2018
Business: Adv. Mahamuni for pltff present.
Adv Asif Khan for deft no. 2 present.
He tendered reply to N/M no. 1469/18 and 1470/2018
Adv. Amruta Joshi for deft. no. 13present.
Matter adjd to 6.9.2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-09-2018
Date: 06-09-2018
Business: Adv. Mahamuni for pltff present.
L.O.
Adv. Mathews Nedumpara for pltff present.
Matter adjd to 4.10.2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-10-2018
Date: 04-10-2018
Business: Adv. Mahamuni for pltff present.
Adv. for deft. absent.
Matter adjd to 28.11.2018 for N/M hearing.
Next Purpose: HEARING
Next Hearing Date: 28-11-2018
Date: 28-11-2018
Business: Adv. Mahamuni for pltff present.
Adv. Amruta Joshi for deft. no. 13. present.
Matter adjd to 19.12.2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-12-2018
Date: 19-12-2018
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: Adv. for pltff absent.
Adv. Medas Nambhiyar for deft. no. 13 present.
L.O.
Adv. Shashikala Mahamuni for pltff present.
Matter adjd to 11.4.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Business: None present. It appear that plff has intentionally avoided to comply office objection and to register the suit. Plff to comply office objection to register suit.
All NM are posted for dismissal.
Matter is adjd.for dismissal on 24.04.2019.
LO at 4.45 p.m.
Adv. Ms. Mahamuni appeared for plff. she is not ready to
argue. Above roznama is intimated to her.
Next Purpose: DISMISSAL
Next Hearing Date: 24-04-2019
Date: 24-04-2019
Business: Adv. Ms. Mahamuni for Plaintiff, prayed for adjd.
None for Defendant.
Matter is adjd.for dismissal on 28.08.2019.
Next Purpose: DISMISSAL
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Next Purpose: DISMISSAL
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: None for plaintiff present.
Adv. Ms. Roop Basu for defendant no.13 present, submits that present suit is not tenable before this suit, therefore, all NM be dismissed.
It is observed in roznama dtd. 11.04.2019, that plff has intentionally avoided to comply office objection and suit along-with all NM were posted for dismissal.
It is to note that in last two years plff is failed to comply office objection. Deft no.14 to 16 and 18 are Government Officer. Deft no. 17 is Judicial officer i.e. ld CMM of Mumbai.
The plaint runs in 54 pages and prayer clause runs in 14 pages having 50 prayer clause.
It appear that plff has challenge the SARFAESI notices and proceeding. It is not clarify why the Governor and chief Secretary of the Maharashtra state are made party in the proceeding. There is no relief claim against deft no.13 ECG Corporation and deft nos. 14 to 18.
It appear that deft intend to challenge judicial order, which require to challenge in appeal, before appropriate forem.
There is no Jurisdiction Court. In view of section 34 of SARFAESI Act, the jurisdiction of Civil court is expressly barred.
Plff and his adv are absent. It appear that It is not correct to say that intentionally avoided to comply office objection and to proceed all NM. Hence, Suit at St no.8932/17 along-with five NM (NM 3746/17, NM 460/18, NM1096/18,NM 1469/18, NM 1470/18) stands dismissed.
Suit be register for statistical and record purpose.
Nature Of Disposal: DISMISSED
Disposal Date: 07-11-2019
