Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010062862019
CNR NO. MHCC010062862019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1130 OF 2019
IN
SUMMARY SUIT NO.1342 OF 2017
CHELLIAH PARAMANADAM ] … Plaintiff
V/s.
PANCARD CLUBS LIMITED ] ....Defendants
Appearances :
Ld. Adv. Mr. Ganesh Murthy for plaintiffs.
Ld. Adv. Mr. Ravishekhar Pandey for defendant.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 8th July, 2022
ORAL ORDER
1. The present Chamber Summons is taken out by the plaintiff
for adding Securities & Exchange Board of India(SEBI) as defendant
No.2.
2. It was submitted by the plaintiff that he had filed the suit
for recovery against the defendant. The proposed defendant No.2
issued a letter to the plaintiff informing that the proceedings are
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2 CHS 1130/2019 in Suit 1342/2017
intiated by SEBI against the defendant and requested the plaintiff to
wait till all the recovery proceedings are completed and therefore, the
SEBI be added as defendant No.2 in the present suit.
3. The proposed defendant No.2 filed reply and submitted
that in view of the interim order dated 31.07.2014, the SEBI had taken
over the investments of the defendant and initiated proceedings against
him. The recovery Officer of SEBI had also initiated proceeding against
the defendant. So far as question of impleadment of SEBI is concerned,
this Court does not have jurisdiction to interfere in the SEBI
proceedings and no relief can be sought against the SEBI and therefore,
the Chamber summons be rejected.
4. Heard Learned Advocate for plaintiff and proposed
defendant No.2 at length. Also perused the documents filed by both the
parties. It seems that the plaintiff can not seek any relief against the
SEBI due to bar of jurisdiction as per Section 20(A), 15(Y) of the SEBI
Act and therefore, the question of impleading them as a party to the suit
will not serve any purpose. The plaintiff can not seek any relief against
the SEBI due to bar of jurisdiction of the Civil Court and therefore, there
is no necessity to implead them as a party. I, therefore, proceed to pass
the following order.
ORDER
1. The Chamber summons 1130 of 2019 is rejected.
2. Parties to bear their own costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 08072022 City Civil Court, Gr. MUMBAI
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Dictated on : 08072022
Transcribed on : 11072022
checked on : 15072022
Signed on : 15072022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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4 CHS 1130/2019 in Suit 1342/2017
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
15.07.2022 at 05.25 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
08.07.2022
Judgment/order signed by P.O. on 15.07.2022
Judgment/order uploaded on 15.07.2022
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