Full Order Text
Order 1 · 07 Nov 2019 · CNR MHCC010018752018
Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100460/2018 Gaurav Doshi Suit Stamp No. 8932/2017 Vs Board of Directors of Punjab National Bank and Ors. 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 COURT 31 ADDL SESSIONS JUDGE -- 1 of 1 --