Date: 10-06-2020
Business: Lockdown due to Covid 19, adjd. to 15.06.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Adv Megha Gupta for plff present.
None for deft.
Regd NM 1232/2020 is tendered by plff.
Heard adv Megha Gupta for the plff.
Perused notice of motion and documents annexed with the plaint.
Prima facie case is made out. Therefore, both parties are directed to maintain status quo till next date.
The plff and its adv are hereby directed to comply Order 39 Rule 3 of Code of Civil Procedure.
Adj. for comply and filing reply to 22.06.2020.
Next Purpose: REPLY
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 04-07-2020
Date: 04-07-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE.
Plff and his adv are absent.
Adv Mr.Zoheb Khatri for deft no.1 is present.
Adv for deft no. 1 filed his vakalatnama at Exh.2 and tendered draft notice of motion. Leave is granted for registration. Adv for deft no. 1 has requested for short adjmnt for filing reply. Request is granted. None present for deft no. 2. Adv for plff till today not filed service of writ summons to the deft no. 2. Therefore it is directed to the plff to file service of writ of summons on next date.
Earlier order if any, is continued till next date.
Matter is adjd for service of writ of summons on deft no. 2 and filing reply to 18/07/2020.
Sheristedar is hereby directed to furnish authenticated copy of today s roznama to either parties, if they have required.
Judge
Next Purpose: REPLY
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Business: Adv. Sanjay Thakur for plff is present.
Adv. Rohit Khatri for deft no.1 is present.
Reply to NM No. 1232/2020 filed by deft no.1.
Regd. NM No. 1248/2020 tendered by deft no.1.
None present for deft no.2.
Adv for plff filed adjmnt appln. and marked Exh.5. Application is allowed.
Earlier order, if any, is continued till next date.
Matter is adjd for argument on NM to 06/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Business: Both the parties and their advocates are absent when called out.
Advocate for plaintiff is directed to take steps against defendant no.2 for service of writ of summons.
Earlier order if any, to continue till next date.
Adjourned for service of writ of summons to defendant no.2 and argument on N/M to 19/09/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: None present for plff.
Adv. Nidhi Singh for deft no. 1 present.
The Plff not taken steps against the deft no.2 till today. It is directed to the plff to take the step against the deft no. 2 on or before next date, otherwise necessary order will be passed.
The plff also directed to file reply on the NM taken out by the deft no.1 on or before next date, otherwise necessary order will be passed.
Earlier order, if any, is continued till next date.
Adjd for taking steps against the deft no. 2 and filing reply on NM taken by the deft no.1 to 25/09/2020.
Later on
Adv Vivek Singh for plff present.
J
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Both parties and their advocates are absent when called out.
Earlier order, if any, is continued till next date.
Adjourned for reply on NM filed by the deft no.1 and service of writ of summons to the deft no.2 to 12/10/2020.
Later on
Adv Zoheb Khatri for deft no.1 present.
Next Purpose: REPLY
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: Adv. Vivek Singh for plaintiff present.
Adv. Nidhi Singh for defendant no.1 present.
Advocate for plaintiff submitted that the plaintiff have served on defendant no.2, but due to failure of power supply, plaintiff could not file service affidavit. So, time is granted for filing service affidavit and filing reply on NM taken out by defendant no.1. Request allowed.
Advocate for Defendant no.1 filed W/Statement, t.o.r. and marked at Ex.6.
Earlier order if any, to continue till next date.
Adjd. for filing service affidavit against defendant no.2 and reply to NM taken out by the Deft. No.1 and hearing on NM No.1232/20 on 22/10/2020.
Next Purpose: REPLY
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Business: As Court is on leave
Next Purpose: REPLY
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: None present for plaintiff.
Advocate Nidhi Singh for defendant no.1 present.
The plaintiff has failed to serve NM and writ of summons on defendant no. 2 despite of directions.
The plaintiff is failed to press to continue earlier order.
Adjourned for hearing on NM to 09.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: Adv. Amreen Malik for plaintiff present.
Adv. Nidhi Singh for defendant no. 1 present.
On perusal of affidavit of service it appears that NM served on defendant no.2 by email.
None present for defendant no.2, hence the NM of plaintiff proceed ex-party against defendant no.2.
Earlier order if any, is continued till next date.
On oral request of plaintiff advocate matter is adjourned for NM argument as counsel is not available.
Hence Adjourned for NM hearing on 25.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Advocate Aamrin Malik for plaintiff is present.
Advocate Kirti Vagal for defendant no. 1 is present.
Earlier order if any, to continue till next date.
Adjourned for NM hearing to 04.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Advocate Megha Gupta for plaintiff present.
Advocate Nidhi Singh for defendant no.1 present.
None present for defendant no.2.
Advocate Megha Gupta for plaintiff requested that the counsel of the plaintiff is not available today therefore short adjournment may granted for today. The advocate for the defendant no.1 has strongly objected to the request of the advocate of the plaintiff for granting adjournment. Request of plaintiff is granted to subject to last chance.
Earlier order if any to continue till next date.
Adjourned for NM hearing on 09.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Advocate Aamrin Malik for plaintiff is present and filed adjournment application at Exh. 07.
Advocate Nidhi Singh for defendant no. 1 is present and filed say on Exh. 07.
None present for defendant no. 2
ORDER BELOW EXHIBIT-07
Adjournment application (Exh.7) of the plaintiff is hereby allowed.
Earlier order if any, to continue till next date.
Adjourned for NM hearing to 12.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv. Amrin Malik for plaintiff submits that some installment has been paid by the plaintiff and it is likely to complete in next two months.
Adv.Vidhi Singh for defendant no. 1, submits that it was OTS proposal of last year, still she verify from the bank.
At the request of both side adjourned to 10-02-2021.
Matter is adjd.to 10-02 -2021 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Megha Gupta for plaintiff, submits that in view of OTS some installments paid by the plaintiff. Plaintiff is intending to clear the loan, prayed for short date to seek instructions from plaintiff.
Adv. Nidhi Singh I/b India Law for defendant no. 1 , submits that conditions in OTS proposal has been jumped by the plaintiff. Defendant no. 1 is ready to argue the NM.
Plaintiff to clarify the stand on next date.
With convenience of both side adjourned to 16-02-2021.
Plaintiff to register the suit at the earliest.
Authenticated copy given to both parties.
Matter is adjd.to 16-02-2021 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv. Ms. Amrin Mallik a/w Ms. Megha Gupta for plaintiff present, submits that plff is ready to go on with OTS, plff is also ready to deposit Rs. 40 Lacks each month.
Adv. Ms. Nidhi Singh for defendant no.1, submits that for twice plff. has jump previous OTS terms. However, it is necessary for the plff to approach NPA management branch, situated at IDBI tower, Cuffe Parade at Culaba.
Plff to submit application in writing to the NPA branch of IDBI. Deft no.1 Bank to consider the application as per existing rules and policy.
It is submitted by plff that he will visit the branch on 20.02.2021 along-with application in writing.
Authenticated copy given to both parties.
Matter is adjd.to 25.02.2021 for NM hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Mr. Mayang Tripathi a/w adv. Ms. Megha Gupta for plaintiff, submits that plff has moved the proposal of settlement/OTS on 20.02.2021, it is awaiting for approval from the bank.
Adv. Mr. Zoheb Khatri for deft. no.1 present.
Plff to clarify whether court fees is deposited as per rules.
Plff to register the suit positively before within 10 days.
Matter is adjd.to 03.03.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Court is on leave
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv. Megha Gupta for plaintiff present.
Adv. Zoheb Khatri for defendant no. 1 present.
Adv. Gupta for plaintiff submits that OTS proposal given by the plaintiff is misunderstood by the Bank.
Adv. Khatri for def. no., 1 submits that plaintiff has jumped the OTS proposal for twice, it is prayed for matter be placed for argument on NM.
At the request of both side adjournment is granted.
Adv. for plaintiff directed to remove the office objections and register the suit positively before next date, in default court may impose cost.
Matter is adjd.to 17.03.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Ms. Megha Gupta for plaintiff present.
Adv. Mr. Zoheb Khatri for defendant no.1, as Adv. Nidhi Singh is busy in Hon\''ble High court, prayed for adjd. r/o. 07.04.2021.
Earlier order if any, to continue till next date.
Matter is adjd.to 07.04.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: None for plaintiff.
Adv. Mr. P.D.Gandhi for defendant no.1 Bank, prayed for cost as plff is failed to comply the order dated 25/02/2021 and 09/03/2021.
On perusal of roznama, it was repeatedly directed to register the suit. In roznama dated 09/03/2021, it was intimated to plff that in default to register the suit, court may impose the cost. It appears plff is intentionally avoiding to register the suit. Hence, plff to pay cost of Rs.10,000/- (Rupees Ten Thousand Only) to the deft.no.1, within ten days.
In default to register on next date, court may impose heavy cost.
Adv. Gandhi for deft.no.1 is directed to intimate today\''s roznama to ld. adv. for plff by e-mail.
Matter is adjd.to 16.04.2021 for n/m hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 03.05.2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 11.06.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: Adv. Amrin Malik for plaintiff present.
None for defendant
Matter is already adjd.to 05-07-2021 for NM Arguments
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Next Purpose: REPLY
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Next Purpose: REPLY
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Next Purpose: NM ORDERS
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Next Purpose: NM ORDERS
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Megha Gupta for plaintiff present.
Adv. Chitrang Gamoth along with Adv. Nidhi Sing for defendant present.
F.R.S.R. following order is passed -
ORDER
1. Notice of Motion No. 1232/2020 is made absolute in terms of prayer clause (a),(b) and (c).
2. Notice of Motion No. 1248/2020 is made absolute in terms of prayer clause (b).
3. The plaintiff is directed to carry out amendment in the plaint within 14 days from today.
4. Notice of Motion No. 1232/2020 and 1248/2020 are disposed off accordingly.
Matter is adjd.to 17-11-2021 for compliance.
Nature Of Disposal: OTHER
Disposal Date: 29-09-2021