Date: 05-07-2018
Business: Pltff and adv for pltff absent.
Adv. Soungira for deft no. 1 to 11 present.
Adv. Rahul Agrawala for deft. no. 12 present.
Exh. - Vakalatnama filed by deft. no. 12.
Matter adjd to 25.7.2018 for reply.
L.O.
Adv. D\''silva for pltff present.
Registered motion no. 2242/18 a/w affidavit of service tendered by pltff.
Matter already adjd to 25.7.2018 for reply.
Next Purpose: REPLY
Next Hearing Date: 25-07-2018
Date: 25-07-2018
Business: Adv. D\''silva for pltff present.
Adv. Rahul for deft. no. 12 present.
Adv. Bijal Vora for deft no. 1 to 11 present.
Matter adjd to 3.8.2018 for final arguments at 2.45 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-08-2018
Date: 03-08-2018
Business: Adv. Shashikala Mahamunim for pltff present.
Adv. Rahul Agrawal for deft. 12 present.
Matter adjd to 6.9.2018 for arguments.
L.O.
Adv. Bijal Vora for deft no. 1 to 11 present.
Exh. A- V.N filed by deft no. 1 to 4 and 10 and 11.
Exh. B- V.N. filed by deft no. 8
Reply filed by N/M 2242/18 deft no. 1 to 4 ,10 and 11.
Draft N/M filed by 1 to 4, 10 and 11.
Order - Leave is granted for registration.
Matter already adjd to 6.9.2018 for Production of N/M.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-08-2018
Date: 27-08-2018
Business: Adv. Mathews Nadumpara for pltff present.
Heard.
ORDER
Issue notice to respondents as to why injunction as prayed should not be granted in favour of plaintiff returnable on 6.9.2018 at 2.45 p.m. Short service allowed.
Issue authenticated copy of roznama to the plaintiff.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-09-2018
Date: 06-09-2018
Business: Adv. Mahamuni for pltff present.
Adv. Bija1 Vora for respondent present.
Adv. Rahul Agrawal for deft. no. 12 present.
Reply to N/M 2242/18
Draft N/M tendered by deft no. 12
Order- Leave is granted for registration.
Written statement filed by deft no. 12
All Copies served on pltff.
L.O.
Plaintiff presnt. Adv. Mahamni
Exh A- Adv. Bijal Vora for deft no. 5,6 and 9 filed V.N.
Exh B- Adv. Bijal Vora for deft no. 7 filed V.N.
Registered motion 3156/2018 without affidavit tendered by deft. 1 to 11.
Reply to motion not filed.
N/M 3157/18 copy served on pltff. and copy of reply motion no. 2242/18 by deft no. 1 to 11
Registered N/M 3382/18 tendered y deft no. 12
L.O.
Adv. Mathews Nedumpara for pltff present.
Matter adjd to 11.10.2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-10-2018
Date: 11-10-2018
Business: Adv. Mahamuni for pltff present.
Adv. Rahul Agarwal for deft. present.
Adv. Chitragana for deft. present.
Heard deft. in NM 3157/18.
Counsel for plff. submitted that they wants to file rejoinder in NM 2242/18.
Matter adjd to 28.11.2018 at 4.30 p.m. for reply and hearing.
Next Purpose: REPLY
Next Hearing Date: 28-11-2018
Date: 28-11-2018
Business: Adv. Mahamuni for pltff present.
Adv. Chitragna for deft. no. 1 to 11 present.
Adv. Rahul Agarwal for deft no. 12 present.
Pltff did not file reply on N/M no. 3157/2018
Heard argument of counsel for deft no. 1 to 11 and 12 in motion no. 3157/18.
KB for pltff arguments.
L.O.
On oral request of pltff.
Matter adjd to 19.12.2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-12-2018
Date: 19-12-2018
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 17-01-2019
Date: 17-01-2019
Business: Adv. Mahamuni for pltff present.
Adv. Rahul Agrawal for deft. 12 present.
Adv. Chitragana for deft no. 1 to 11 present.
K.B.
L.O.
Adv. Mathew Nadumpara for pltff present.
Heard argument of pltff in N/M 2242/16
On his oral request matter is adjourned for filing rejoinder. He also agreed to file reply to N/M no. 3157/18 and 3382/18
Heard argument of Rahul Agrawal for deft.
Matter adjd to 14.2.2019 for reply
Next Purpose: REPLY
Next Hearing Date: 14-02-2019
Date: 14-02-2019
Business: Adv. Mahamuni for pltff present.
Adv. Rahul Agrawal for deft. no. 7 present.
Adv. Chitrangana singh for deft no. 1 to 11 present.
Matter adjd to 06/03/2019 for Reply.
Next Purpose: REPLY
Next Hearing Date: 06-03-2019
Date: 06-03-2019
Business: court is on leave
Next Purpose: REPLY
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Business: Adv. Ms. Shashikala Mahamuni for Plaintiff present, requested for adjd as adv. Mr. Mathew is busy in Bombay High Court.
Adv. Ms. Chitrangana Singh for Defendant no.1 to 11 present, raised strong objection for adjd, even reply is not filed by plff. on N/M.
Adv. Ms. Mayuri Kale for deft no.12 present.
It is noticed that various suit filed by plff. are awaiting for compliance, there is no reply filed by plff. on N/M in respect of maintainability.
Adv. Ms. Mahamuni is not ready to argue as there are no instruction given to her by plff. It is added that plff. has approached the bank for settlement. However, it is denied by Adv. Ms. Chitrangana that plff has never approached for settlement. It appear that plff is intending to protract the matter.
Next date 24.04.2019 is given at the conveniences of plff as claimed by adv Ms. Mahamuni.
Matter is adjd.for reply on 24.04.2019.
Next Purpose: REPLY
Next Hearing Date: 24-04-2019
Date: 24-04-2019
Business: Adv. Ms. Mahamuni for Plaintiff present.
Adv. Ms. Chitrangana Singh for deft nos. 1 to 11 present.
Adv. Mr. Rahul Agarwal for Defendant no.12 present. Plff to file reply positively on next date.
Matter is adjd.for reply on 28.08.2019.
Next Purpose: REPLY
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Next Purpose: REPLY
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: 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 along-with 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.
Nature Of Disposal: DISMISSED
Disposal Date: 07-11-2019