Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 11-05-2021
Date: 11-05-2021
Business: By Precipee
NOB TOB
Adv. Mr. Dinesh Dubey for plaintiff present and tendered draft N/M along with Affidavit. Leave granted to register N/M.
Adjd to 03.06.2021 for Ad-Interim Hearing.
Next Purpose: HEARING
Next Hearing Date: 03-06-2021
Date: 03-06-2021
Business: Adv. Mr. Dinesh Dubey for plaintiff present
Defendant present
Heard Ld. Adv. for the plaintiff on ad-interim relief.
Plaintiff is directed to serve hard copies of the documents relied upon by the plaintiff to the defendant today itself. The defendant to file reply / argue on ad-interim relief tomorrow and the order will be passed for ad-interim relief tomorrow itself.
Adjd to 04.06.2021 for Ad-Interim Hearing/order.
Next Purpose: HEARING
Next Hearing Date: 04-06-2021
Date: 04-06-2021
Business: Adv. Mr. Dinesh Dubey for plaintiff present.
Adv. Mr. A. R. Bamne for defendant present.
Heard Adv. for defendant on ad-interim relief.
Order on Ad-interim relief
Perused plaint, documents annexed to the plaint, notice of motion, affidavit in support of the notice of motion and heard both sides. The plaintiffs have prayed for ad-interim reliefs in terms of following prayers -
b. That, pending the hearing and final disposal of the present suit, stay the implementation and effect of the Order dated 03.02.2017, passed by the defendant and the classification letter declaring the plaintiffs as willful defaulter.
c. That pending the hearing and final disposal of the present suit, the defendant and its officers, agents, representatives etc. be restrained from taking any coercive action/steps against the plaintiffs, pursuant to/in furtherance of the order dated 03.02.2017 and the classification letter declaring the plaintiffs as willful defaulter.
d. That pending the hearing and final disposal of the present suit, the defendant and its officers, agents, representatives etc. be restrained from publishing any further photographs of the plaintiffs above named in any newspaper or other print media with the intentions to intimate to the public at large the order dated 03.02.2017 passed by the defendant declaring the plaintiffs as willful defaulter.
From the plaint allegations and arguments of Ld. Adv. for the plaintiffs, it is apparent that the plaintiffs are aggrieved by the declaration by the defendant that the plaintiffs are willful defaulters of the bank. According to the ld. Advocate for the plaintiffs, the Company of the plaintiffs namely Dighi Port Limited is acquired by Adani Ports and Special Economic Zone Limited (APSEZ) and in view of Judgment of Honourable Calcutta High Court in Gaurav Dalmia Vs. Reserve Bank of India and others 2020 SCC Online Cal 668 the Willful defaulter tag of the plaintiffs, in the capacity of promoters and directors of such Company, has to go after such acquisition, and therefore, the plaintiffs are entitled for ad-interim reliefs. He further argues that on the basis of illegal order dated 03.02.2017 declaring the plaintiffs as willful defaulters, the defendant bank has prepared itself to inform Airport authorities and initiate coercive action against plaintiffs preventing them from exercising their fundamental rights guaranteed under articles
14, 19 and 21 of the constitution of India.
Ld. Advocate for the defendants has pointed that the Order of declaration as willful defaulter was communicated to the plaintiffs on 10.01.2018, the suit was instituted on 21.06.2020 and the plaintiffs have approached for ad-interim relief in May 2021. From this the defendant suggests that there is no urgency in the matter and opportunity should be given to it and the interim protection be granted or rejected only.
After going through the documents produced by the plaintiffs, they were declared willful defaulter by the defendant on 03.02.2017 and the order was communicated to the plaintiffs on 10.01.2018. The plaintiffs are taking exception to this order on the ground that the order is per se illegal for want of adherence to guidelines issued by the Reserve Bank of India. As submitted by the Ld. Advocate for the defendant, the defendant has not yet filed reply to the notice of motion. The issue whether the order dated 03.02.2017 is illegal and can be set aside by Civil Court will require evidence of the parties and it can\''t be decided at an ad-interim stage..
The plaintiffs are relying upon judgment of Honourable Calcutta High Court in Gaurav Dalmia (supra) wherein it is held that once the willful defaulter tag attached to the petitioners, merely in the capacity of the promoters and directors of the company, goes by virtue of corporate resolution the willful defaulter tag of the petitioners, in the capacity of promoters and directors of such company only and not in any other individual capacity, had to go. In the instance case, the plaintiffs have averred in the plaint paragraph no.30 that the ad-judicating authority allowed their application for approval of the resolution plan of APSEZ vide its order dated 05.03.2020 and appeal is filed before the Appellate authority challenging the said order. From this, it is clear that the order for approval of the resolution plan is under challenge and it has not attained finality. Therefore, the citation relied upon by the plaintiffs is not useful to them.
The defendant is justified in arguing that there is delay in seeking ad-interim relief. The order of willful defaulter is communicated to the plaintiffs on 10.01.2018, the plaintiffs approached Civil Court in June 2020 and sought ad-interim relief in May 2021. Therefore, the plaintiffs have failed to establish urgency to grant ad-interim relief. For all the aforesaid reasons, the interim reliefs sought by the plaintiffs can only be considered after giving opportunity of hearing to the defendant after filing reply and therefore, the plaintiffs are not entitled for ad-interim reliefs. Hence, following order -
Order
Ad-interim reliefs are rejected.
Authenticated copy be given to both the parties.
Adjd to 01.07.2021 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: At. 11.16 am
Adv. Dinesh Dubey for plaintiff present.
Board Clerk stated that file is not searched.
Search the file and put up before me.
kb L O at 1.00 pm
Adv. for plaintiff present.
None for defendant.
Adjd for NM reply to 08/07/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Matter is searched and is put up before me.
Adv. Dinesh Dubey for plaintiff present.
None for defendant.
Adv. for plaintiff filed application on behalf of plaintiff for filing list of documents. t.o.r.
Adv. for plaintiff filed list of documents. t.o.r.
Adv. for plaintiff requested for passing ad interim protection. The ad interim order is rejected by my predecessor after hearing the parties on merits. Therefore again ad interim protection cannot be considered.
Adv. for plaintiff prayed to pass no Written statement order.
Due to COVID-19 pandemic such adverse orders cannot be passed against the party absent.
Adv. for plaintiff has urgency to hear the notice of motion. Reply is not filed.
The defendant to file reply to notice of motion on next date.
Adv. for plaintiff stated that notice of motion is not registered therefore to extend the time to register it.
Time extended to register notice of motion.
Adjd for NM reply to 30/07/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: Adv. Dinesh Dubey for plff. present and tendered registered Notice of Motion 1500 of 2021
Due to COVID-19 pandemic, matter is adjourned.
Adjd to.12.08.2021 for NM replyrejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Dinesh Dubey for plaintiff present.
Adv. Nilesh Bamne for defendant present.
Adv. for defendant is seeking time to file reply . Adv. for plaintiff requested to pass ad-interim order thereby restrain the defendant from taking any coercive action on the basis of declaration of plaintiff as defaulter.
I have gone through ad-interim order passed by my predecessor on 04.06.2021. Considering the reason shown in order it will be interest of justice before granting any ad-interim order to decide the NM itself. Defendant is given a last opportunity to file reply on next date failing which NM will be heard and decided without reply of defendant.
Adjd for NM reply/NM hearing to 31/08/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Adv. Dinesh Dubey For plaintiff present.
Adv. Mr. Nilesh Bamne I/b M/s. A. R. Bamne and Co. For defendant present.
Adv. For defendant filed reply to Notice of motion. t.o.r.
Adv. For deft is seeking adjournment to argue NM. Adjournment granted to argue NM with direction to defendant to argue on next date failing which the NM will be heard and decided without argument of defendant
Adjd for NM hearing to 22/09/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Adv. Dinesh Dubey For plaintiff present.
Adv. Mr. A. R. Bamne For defendant present.
Heard arguments of Adv. Mr. Dinesh Dubey for plaintiff and Adv. Mr. Bamne for defendant for NM No. 1500/2021
Pursis filed by Adv. For plaintiff along with page No. 35 filed on 08/07/2021.
Interpreter is directed to tag the said page with list of documents filed by plaintiff on 08/07/2021
Adjd for NM arguments PH to 28/09/2021
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv. Mr. Dinesh Dubey for plaintiff present.
Adv. Mr. A. R. Bamne for defendant present.
Heard arguments of Adv. Mr. Dubey for plaintiff and Adv. Mr. Bamne for defendant.
Adjd for NM orders to 05/10/2021
Next Purpose: NM ORDERS
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Dinesh Dubey for plaintiff present.
Adv. Nilesh Bamne for defendant present.
FRSR the following order is passed in NM No. 1500/21
ORDER
1. Notice of Motion is rejected.
2. No order as to costs.
3. Accordingly, Notice of Motion is disposed of.
Time extended to serve writ of summons to defendant.
Adjd for affidavit of service of writ of summons to 25/11/2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Tushar Agarwal For plaintiff present.
Time extended to serve writ of summons.
Adjd for affidavit of service to 25/02/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Dt.25/02/2022
Suit 946/21
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. Dinesh Kumar Dubey for plaintiff present.
Adv. Nilesh Bamne I/b Adv. A. R. Bamne and Co. for defendant present.
Exh.01 Plaint.
Exh.02 Vakalatnama.
Exh.03 original writ of summons filed by advocate for plaintiff. TOR.
Exh. 04 Adv. A. R. Bamne and Co. filed Vakalatnama on behalf of defendant. TOR.
Writ of summons filed by plaintiff without affidavit of service of. In the writ of summons there is acknowledgement of receipt of this summons by advocate of defendant that the writ of summons is received on dt 29-01-2022.
Exh.05 Adv. For defendant filed Written Statement. TOR. R and R.
Court is busy in hearing of argument in suit no.6791/97. Hence matter is adjd for affidavit of service to 10-06-2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: BY PRECIPE O- allowed
Adv. For plaintiff present.
Exh-6 Application for withdrawal of suit filed by adv. For plaintiff. T.O.R. O- Application is filed by plaintiff to withdraw the suit but plaintiff is not present. Plaintiff to remain present for withdrawal of suit.
Already adjd to 10/06/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: BY PRECIPE O- Allowed
Plaintiff No. 1 and 2 present.
Adv. Dinesh Dubey for plaintiff present.
Application for withdrawal of suit filed by adv. For plaintiff. T.O.R.
Application is filed to withdraw the suit. Plaintiff NO. 1 and 2 are present they do not desire to proceed with the suit. Defendant has filed their written statement and they participated in the proceeding therefore it is necessary to call the say of defendant.
Both the plaintiffs stated that they do not want to proceed with the suit. Plaintiff to serve copy of application to defendant.
Already adjd to 10/06/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv. Rohit Pandey for plaintiff present and filed application
for withdrawal of appearance of vakalatnama. t.o.r. and marked as Exh.7.
Adv. Divya Bamne for defendant present.
On perusal of the record, it appears that plaintiff no. 1 and
2 had filed application Exh. 6 for withdrawal of the suit on
05-03-2022 through advocate. On 08-03-2022, both
plaintiffs appeared before the court and stated that the do
not desire to proceed with the suit. Considering contents in
earlier roznamas dtd. 05-03-2022 and 08-03-2022,
application Exh. 6 can be allowed and there is no scope for
the defendant to raise any objection to unconditional
withdrawal of the suit. Hence, I passed the following order-
Order
1. Application Exh.6 is allowed.
2. Suit No. 946/21 is disposed off as withdrawn.
3.Court fees be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly.
4. Parties shall bear their own costs.
5. Proceeding of the suit is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 10-06-2022