Date: 09-08-2019
Business: Today PO is on leave (2nd Session), hence adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: Adv. Priyanka Pandey for plaintiff present.
Adv. Dinesh Bamne for D-1 to 3 present. Today he filed VP on behalf of D-1 and undertakes to file VP for D-2 and 3 on next date.
Exh.3 VP filed by Adv. Dinesh Bamne for D-1. TOR.
Ld. counsel for plaintiff tendered registered NM No.3050/19 a/w affidavit. TOR. Copy is served on other side.
Matter adjd for NM reply on 23/08/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Adv. Priyanka Dubey for plaintiff present.
Adv. Dinesh Bamne for D-1 present.
None appeared for D-2 and 3.
Ld. counsel for D-1 prayed 2 weeks time to file reply. Ld. Counsel for plaintiff has objected for the same. It is submitted by Ld. Counsel for D-1 that on 14.02.2019 plaintiff was informed about declaring will-full defaulter. It goes to show that for near about 6 months plaintiff came mum and had not urgently approach the coram. So defence of urgency is turned out. 2 weeks time is granted to D-1 to file reply.
Matter adjd for NM reply on 09/09/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Adv. A.K. Shaikh for plaintiff present.
Adv. Dinesh Bamne for D-1 present.
Exh.3 VP filed by Adv. Dinesh Bamne for D-2 to 3. TOR.
Reply filed by D-1 to NM.
Copy is served to plaintiff.
Matter adjd for NM hearing on 27/09/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Adv. Shrinivas Bobade a/w Adv. Priyanka Dubey for plaintiff present.
Adv. Dinesh Bamne for D-1 to 3 present.
Ld. counsel for defendants submitted that D-2 and 3 are the committee, therefore no separate reply filed on their behalf and will adopt reply file on behalf of D-1.
Heard argument on behalf of plaintiff.
Matter adjd for NM argument of defendant on 03/10/2019 at 03.15 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Adv. Shrinivas Bobade a/w Adv. Priyanka Dubey for plaintiff present.
Adv. Dinesh Bamne for D-1 to 3 present.
Heard argument on behalf of defendant and reply by plaintiff for NM order.
Matter adjd for NM order on 05/10/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Adv. Priyanka Dubey for plaintiff present.
Adv. A.R. Bamne for D-1 to 3 present.
F.R.S.R. following order is passed.
ORDER
1. NM No.3050/19 in SU No.2211/19 is hereby made absolute in terms of prayer clause (a).
2. Defendants, their agents, servants or any person claiming through them are hereby restrained from acting against plaintiffs on their declaration as \''\''Willful defaulters\''\'' and from taking any coercive action against them pending the hearing and till final disposal of the suit.
3. It is needless to say that defendant bank is at liberty to proceed against plaintiff under SARFEASI Act regarding recovery proceeding, attachment, sale of attached property to recover the defaulted loan.
4. Cost as in cause.
Nature Of Disposal: ALLOWED
Disposal Date: 05-10-2019