Order 1

Order Details: Other
Pdf Text: 07.11.2019
Sr. no.26
NM 2242/18 @
NM 3157/18 @
NM 3382/18 in
St. 5837/18
(SU 3437/19)
CORAM : H.H. AD HOC ASST. SESSION JUDGE
SHRI. G.G. BHANSALI (C.R.NO.31)
None for plaintiff present.
Adv. Ms. Chitrangada Singh for deft nos. 1 to 11 present.
Adv. Mr. Rahul Agarwal for defendant no.12 present.
submits that present suit is not tenable before this suit,
therefore, all NM be dismissed.
It is observed in roznama dtd. 03.04.2019, that plff has
intentionally avoided to comply office objection.
It is to note that in last two years plff is failed to comply
office objection. Deft nos.13 to 23 are Government Officer.
Deft no. 15 is Judicial officer i.e. ld CMM of Noida.
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.12
ECG Corporation and deft nos. 13 to 23.
It appear that deft intend to challenge judicial order, which
require to challenge in appeal, before appropriate forum.
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.5837/18
alongwith NM 2242/18 stands dismissed.
NM No. 3382/18 and NM 3157/18 filed by deft no. 1 to
11 and 12 respectively become infructuous, hence,
disposed of.
Suit be register for statistical and record purpose.
Judge
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