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.
Registered NM No.2247/19 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.2247/19 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.
Court time is over in another matter between same party.
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.
Court time over in argument in another petition of same parties. 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.
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.
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.
None for defendant present.
Matter is adjd. for argument on NM on 05.08.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Court is on Judicial Training
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Adv. Ms. Priyanka Dube and Adv. Mr. Bobade for plaintiff, Completed argument on NM.
Adv. Ms. Niyati Marchant for defendant no.1 present, requested for adjd as her senior will argue on 21.08.2019.
Matter is adjd. for NM argument of Deft. on 21.08.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Adv. Mr. Bobade a/w adv. Ms. Priyanka Dube for plaintiff present, argued at length and adopted argument of other suit.
Adv. Mr. Prakash Shinde for defendant bank present, partially argued on tenability as the circular dtd. 01.07.2016 is not annex by plff., court time is over. adjd for remaining argument.
Adv. Mr. Bobade for plff submits that said circular is already filed in other proceeding, he undertake to file again as it is narrated in plaint.
Matter is adjd. for remaining 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: Adv . Priyanka Dubey for Plaintiff, requested to continue the previous order.
Adv. Prakash Shinde a/w Niyati Merchant for Defendant objected to continue the stay order.
The court was busy in order on another NM between same parties. Now it is 5.20 pm, therefore, orders could not complete. It is posted for order on 10.10.2019.
Earlier order of status quo to continue.
Next Purpose: NM ORDERS
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Adv Ms. Dubey for Plaintiff present.
Adv. Ms. Niyati Merchant for Defendant present.
FRSR following order is passed.
ORDER
1. The Notice of Motion no. 2247 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. 2247 of 2019 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 10-10-2019
