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: CORAM- HIS HONOUR JUDGE SHRI R.V. KOKARE.
Adv. Megha Gupta for plff present.
Adv. Jamshed Ansari for deft no.1 present.
Adv. Sahil Sayyed a/w Adv. Niyati Merchant for deft no.10 is present.
Exh.2- Vakalatnama filed by deft no.1 T.O.R.
Exh. 3- Vakalatnma filed by deft no.10 .T.O.R.
Regd NM No. 1233/2020 filed by plff.
None present for Deft nos. 2 to 9.
Heard adv Megha Gupta on behalf of the plffs., heard adv Jamshed Ansari for deft no.1 and adv Sahil Sayyed for deft no.10.
Adv. Megha Gupta submitted that it is apprehension in the hands of the defendant to declare fraud or taking any coercive action against the plff. Therefore, atleast status quo order be passed till filing the reply on notice of motion on behalf of the defts.
dv Jamshed Ansari and adv Sahil Sayyed on behalf of the defts no.1 and 10 respectively submitted that on perusal of the plaint itself it is clear that the present suit is pre-matured, cause of action does not disclose, the present suit is not maintainable, the plffs have no locus standi to file the present suit, the suit of the plff is liable to be rejected. Therefore, the plffs are not entitled to get any relief against the defts. and they have requested short adjmnt for filing reply to notice of motion.
Order-
After hearing arguments advanced on behalf of the plffs and deft nos. 1 and 10 and on perusal of roznama dtd.10/06/2020, it appears to me that admittedly, on 10/06/2020 advs Shri Jamshed Ansari for deft no.1 and adv Niyati Merchant for deft no.10 were present, but on that day they have not filed their reply to the notice of motion. Today, also the deft nos. 1 and 10 have not filed their reply and they have requested short adjmnt for filing their reply. On perusal of the documents produced on record, it appears to me that prima facie there is apprehension to the plffs at the hands of defts. about declaration of fraud or taking any coersive action against plffs. Therefore, both the parties are hereby directed to maintain status quo till filing reply of the defts on notice of motion filed by the plffs.
Adjd for filing reply to 29.06.2020.
Next Purpose: REPLY
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Business: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 04-07-2020
Date: 04-07-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE.
Plffs and their advs are absent when called out.
Adv Mr.Jamshed Ansari for deft nos.1 to 9 is present and filed reply to NM No.1233/2020.
Adv Ms. Niyati Merchant a/w. Adv Sahil Sayyed for deft no. 10 is present and filed reply.
By precipe filed by defts. Copy of reply served on the plff.
Adv for defts requested that there is no clarity of the order of status quo. Therefore, the order of status quo may kindly be modified today only.
Adv for plff is absent today and the notice of motion is matured for argument. Therefore, the request of advocates of the defts for modifying the order of status quo is not considered today due to today the adv for plff is absent.
Both parties are directed to file their written notes of arguments on or before 18/07/2020 and its copies are exchanged in between the parties.
Earlier order, if any, is continued till next date.
Matter is adjd for arguments on NM 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: ARGUMENTS
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Business: Adv Sanjay Thakur for plff is present and requested that the mother of the plff’s advocate is found positive of Corona. Therefore, he requested short adjmnt.
Adv. Niyati Merchant for deft no.10 is present and tendered notes of arguments and its copy served on the plff. and the advocate opposed for granting adjmnt. to the plff.
Adv Jamshed Ansari for deft nos.1 to 9 is present and filed written notes of args and also served its copy to the plff.
Advs for deft nos. 1 to 9 and 10 are strongly opposed for granting adjmnt.
Considering positive corona to the mother of plff’s advocate, adjmnt is granted.
Earlier order, if any, is continued till next date.
Matter adjd for NM to 05/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2020
Date: 08-08-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE.
Adv Priyanka Dubey for plff is present.
Adv. Niyati Merchant Adv. Sahil Sayyed for deft no.10 is present.
Adv. Jamshed Ansari for deft nos. 1 to 9 is absent.
Adv for plff filed written notes of arguments. Its copy served on the defts.
Earlier order, if any, is continued till next date.
Matter adjd for oral arguments on NM to 17/08/2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adv Nimay Dave alongwith Adv Ms. Megha Gupta on behalf of the plff are present.
Adv Jamshed Ansari for deft nos.1 to 9 is present.
Adv. Sahil Sayyed alongwith Adv. Niyati Merchant for deft no.10 is present.
Heard arguments of both parties.
Both parties are requested short adjmnt for filing citation and additional written notes of arguments. Request is allowed.
Earlier order, if any, is continued till next date.
Matter is adjd for filing addl.notes of arguments and citation to 25/08/2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Adv. Megha Gupta for plff present.
Adv. Jamshed Ansari for deft nos. 1 to 9 present.
Adv. Niyati Merchant for deft no. 10 present.
Matter adjd for order on NM to 16/09/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Adjd for NM orders on 29/09/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Advocate Vivek Singh for plaintiff is present.
F.R.S.R the following order is passed on N/M No. 1233/2020
ORDER
1. The Notice of Motion No. 1233/2020 is allowed.
2. The defendants bank personally or through its representatives are restrained from taking coercive action against plaintiffs on account of red flag or fraud account, based on master circular. Defendants or their representatives are restrained from branding the plaintiffs as fraud and publishing the name of plaintiffs as fraud till final disposal of the suit.
3. It is needless to say that defendants are at liberty to proceed against the plaintiffs regarding recovery proceedings, attachment, sale of attachment property to recover the defaulted loan.
4. Cost in cause.
5. Notice of Motion No. 1233/20 is disposed off accordingly.
Adjourned for filing W/S to 20.10.2020.
Nature Of Disposal: ALLOWED
Disposal Date: 29-09-2020