Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101470/2018
Gaurav Doshi - Suit Stamp No.8932 of 2017 Vs Chief Manager 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
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