Date: 25-06-2019
Business: Adv. Ms. Sarita Vishwakarma for plaintiff present.
Adv. Ms. Sheetal Chaturvedi for defendant no.1 present, submits V/P of MDP partners vide Exh.2.
Adv. Mr. Rohit Kanmurde for defendant no.2 present, submitted V/P of Anup Khetan and Co. vide Exh.3.
Registered NM No.2246/19 tendered by adv. Ms. Vishwakarma for plff.
Ld adv. for bank prayed for one month adjournment. It is strongly objected by adv. for plff. Next date 09.07.2019 is given, defts to file reply positively on 09.07.2019.
Matter is adjd. for NM reply on 09.07.2019.
Next Purpose: REPLY
Next Hearing Date: 09-07-2019
Date: 09-07-2019
Business: Adv. Mr. Bobade a/w Adv. Ms. Priyanka Dube for plaintiff present.
Adv. Ms. Sheetal Chaturvedi for defendant present.
Reply to NM no.2246/19 filed by deft.
Copy served to plff.
Matter is adjd. for NM argument on 24.07.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: Adv. Mr. Bobade a/w adv. Ms. Priyanka Dube for plaintiff present.
Adv. Mr. Prakash Shinde for defendant present.
Both side arguments are partly conducted.
Matter is adjd. for argument on 25.07.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-07-2019
Date: 25-07-2019
Business: Adv. Adv. Ms. Priyanka Dube for plaintiff present.
Adv. Mr. Prakash Shinde for defendant present.
Argued partly and prayed for adjd. r/o. 29.07.2019.
Matter is adjd. for argument on 29.07.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 29-07-2019
Date: 29-07-2019
Business: Adv. Mr. Babade and a/w Adv. Ms. Prinyanka Dube for plaintiff present.
Adv. Mr. Prakash Shinde for defendant present.
Part arguments of adv. Mr. Shinde for defendant bank are heard.
Matter is adjd. for NM argument on 01.08.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: Adv. Ms. Priyanka Dube for plaintiff present.
Adv. Mr. Prakash Shinde for defendant no.1 present.
Argument of Adv. Mr. Shinde is completed.
Matter is adjd. for reply by plff. on 02.08.2019 at 3.30
p.m.
Next Purpose: REPLY
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Adv. Mr. Bobade a/w adv. Ms. Priyanka Dube for plaintiff present, heard reply.
None for defendant present.
Adjd for rejoinder by defendant bank.
Matter is adjd. for rejoinder on 05.08.2019.
Next Purpose: REJOINDER
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Court is on Judicial Training
Next Purpose: REJOINDER
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Adv. Ms. Priyanka Dube for plaintiff, submits that argument are over on both side.
Adv. Ms. Niyati Marchant for defendant no.1 present, submits that arguments were completed on last date.
Matter is adjd. for order on 21.08.2019.
Next Purpose: ORDER
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Adv. Mr. Bobade a/w adv. Ms. Priyanka Dube for plaintiff present.
Adv. Mr. Prakash Shinde for defendant bank present.
It is shown for order.
However, arguments in Suit no. 2078/19 are yet to complete. Both suit are having similar question involved. Hence, roznama be shown as posted for argument.
Matter is adjd. for NM argument on 27.08.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 27-08-2019
Date: 27-08-2019
Business: Adv. Mr. Bobade a/w adv. Ms. Priyanka Dube for plaintiff present.
Adv. Mr. Prakash Shinde for defendant present.
Matter is adjd. for argument in Reply on 31.08.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-08-2019
Date: 31-08-2019
Business: Adv. Ms. Priyanka Dubey for plaintiff present.
None for defendant present.
Heard argument and reply of ld adv. Ms. Dubey for plff. As adv. Mr. Shinde for deft bank is absent, adjd for rejoinder reply of bank, if any.
Matter is adjd. for rejoinder reply on 07.09.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Business: Adv. Priyanka Dubey for Plff.
Adv. Prakash Shinde for Deft. Bank, submitted reply.
Matter is adjd. for submission of case-laws on
17.09.2019.
Next Purpose: CIATATION
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Adv. Ms. Priyanka Dube for plaintiff present.
Adv. Ms. Niyati Marchand for defendant present.
Citation filed by plff. Argument of both side are completed.
Matter is adjd. for NM order on 27.09.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Adv. Ms. Priyanka Dubey for plaintiff, requested for status-quo order as matter is finally heard by this court and awaiting order. It is experience of plff that as petition is filed, the banks had declared the account of plff as fraud.
Adv. Ms. Niyati Marchand for defendant, resisted for order of status-quo as there are holidays in next week and matter is reserved for order.
However, ld adv. for deft is not ready to file pursis. In respect of maintaining status-quo. In present case both side has argued at length in various sittings, there is bulky record, today due to heavy board. It is not possible to proceed for order. Hence, parties to maintain status-quo. It is made clear no further action in view of master circular be obtain against plff. till further order as matter is reserved for order r/o. 04.10.2019.
Matter is adjd. for order on NM on 04.10.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: - ORDER - 1.The Notice of Motion no. 2246 of 2019 is allowed, as per prayer clause a and b.
2 Defendant bank, personally or through representative are restrained from taking coercive action against plaintiff on account of red flag or fraud account, based on master circular. Defendant or their representative are restrained from branding the plaintiff as willfull defaulter and publishing the name of plaintiff as defaulter, till further order. 3.Defendant may submit written statement in detail to expedite hearing. 4.It is made clear that defendant bank may continue with proceeding under SARFAESI Act, recovery proceeding, attachment and sale of attached property to recover the defaulted loan against plaintiff. 5.Notice of Motion no. 2246 of 2019 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 04-10-2019
