Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.1663 of 2018
CNR No.MHCC010055472018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1663 OF 2018
IN
S.C.SUIT NO.631 OF 2017
Mrs. Lalita Mohan Tejwani .. Plaintiff.
Versus
The Janakalyan Sahakari Bank Ltd. and Ors. .. Defendants
Ld. Advocate Joveson for plaintiff.
Ld. Advocate Bhupesh Samant for defendants.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 04.10.2018
: ORDER :
This Notice of Motion is taken out by plaintiff to recall the
order passed on 26.02.2018.
2. As per the contention of the plaintiff they were only to portray
the actual facts before the court. The facts set out in the order are not
the fact, which are set out in the plaint. They submitted that it is
not their case that the plaintiff is running the business with the help
of fund provided by the defendant bank. But the defendant bank
failed to provide promised fund for the business. It was also submitted
that it was not the case of plaintiff that aid business ended in loss and
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betrayals. But there was betrayals in the business. There are the two
factual errors.
3. Defendant appeared and submitted that the review
application filed by the plaintiff is not maintainable. The suit was filed
to restrain and to declare the notice is illegal by declaring the plaintiff
as willful defaulter. It was further submitted that the review petition
is not maintainable as per order 47 Section and 114 of CPC.
4. Heard Counsel for plaintiff. Perused the written submission
filed by the defendant. Law officer of defendant no. 1 present. Perused
the material on record.
5. The earlier Notice of motion was filed for grant of interim
relief of temporary injunction. I have perused the order dated
26.02.2018. The suit was filed for restraining the defendant no. 1 from
the declaring the plaintiff as a willful defaulter. The Court has rightly
observed that there was several dispute pending between the plaintiff
and bank before the various courts and during the pendency of the
dispute notice was issued by the bank for declaring the plaintiff as
willful defaulter. It appears that the defendant had already declared the
plaintiff as a willful defaulter.
6. In this case the defendant no. 1 is the cooperative Bank
registered under the Provisions of Maharashtra Cooperative Societies
Act, 1960 and Rules 1961. As per section 164 of the Maharashtra Co
operative Societies Act the jurisdiction of the civil court is barred.
In the opinion of the court whether the defendant bank failed to
provide the promised fund for the business and whether there was
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betrayal in the business by the defendant, was not the error apparent
and mistake of fact. These were not the grounds of interim relief
claimed. The two facts set out by the plaintiff in its review petition
is not new discovery or mistake apparent on part of the court and nor
this is a sufficient ground to interfere with the order by way of
review. The court had discussed the show cause notice, role of
Executive committee and the review committee and also the conduct
of the plaintiff. Thus, in the opinion of the court the facts quoted
by the court in its order as per the contention of the plaintiff cannot be
the ground for review of the order passed by this court. This notice
of motion is not maintainable. Accordingly, I pass the following order.
: ORDER :
Notice of Motion No.1663 of 2018 is rejected.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 04.10.2018 Gr. Mumbai
Dictated on : 05.10.2018
Transcribed on : 05.10.2018
Signed on : 05.10.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 06.10.2018 at 4.18 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
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Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
04.10.2018
JUDGMENT/ORDER signed by P.O. on 05.10.2018
JUDGMENT/ORDER uploaded on 06.10.2018
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