Date: 11-11-2019
Business: Adv. Sana Khan for plff present.
None for deft.
Exh.1 Plaint.
Exh.2 V.P.
Exh.3 address memo.
Exh.4 List of documents.
Adv. for plff tendered registered N.M. No. 3949/19 @ affidavit in support TOR.
Plff is directed to filed affidavit of service of said N.M. and also directed to writ of summons upon deft through RPAD. Adjd for service to. 14.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Reason For Adjournment: court time is over
Next Purpose: REJOINDER
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: REJOINDER
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: REJOINDER
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: REJOINDER
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: REJOINDER
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: REJOINDER
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Both the parties and their advs absent. Due to COVID 19, the matter is adjd
Next Purpose: REJOINDER
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv. Saraogi for plaintiff present.
None for deft.
Rejoinder filed by counsel for plaintiff. T.O.R.
Ld. counsel for plaintiff is ready for argument. Last chance is granted to deft. for argument.
The matter is adjd for N/M hearing to 16.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv. Singh for plaintiff present.
Adv. S.R. Singh for deft. present.
Ld. counsel for plaintiff seeks time. Granted.
The matter is adjd for hearing on N/M to 26.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjourned to 09.07.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv. Neha Pandey for plaintiff present.
Adv. Sunita Manna for deft. present.
Adv. For plaintiff sought adjournment for hearing on N/M. Adjournment as prayed for is granted as a last chance.
The matter is adjd for N/M hearing to 22.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: CORAM : H.H.J. SHRI S.U. HAKE, JUDGE, CITY CIVIL COURT (C. R. NO. 14)
Adv.Narvekar for plaintiff present.
Adv.S.R. Singh for deft. present.
The matter is adjd for N/m for hearing to 05-10-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Narvekar for plaintiff present.
Adv. Riddhi Doshi for deft. present.
K.B.
L.O.
Adv. Saraogi for plaintiff present.
Adv. Riddhi Doshi for deft. present.
Head arguments of Adv. For plaintiff on N/M no.3949/19.
The matter is adjd for order on N/M no.3949/19 to 11.10.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv. Narvekar for plaintiff present.
None for deft.
ORDER BELOW N/M NO.3949/19
Heard both sides. Perused the N/M, reply to N/M and rejoinder affidavit of plaintiff.
Plaintiff contends that he has purchased motor vehicle by taking finance assistance from deft. He was making monthly installments to deft. He has also taken out insurance policy from deft. However, his motor vehicle was stolen. He gave report for the same. Concerned investigating officer filed the \''A summary report\'' and said \''A summary report\'' was accepted by Hon\''ble Metropolitan Magistrate. Plaintiff further submits that he is entitled to get value of the motor vehicle from deft. insurance company. But, deft. is trying to take coercive action against plaintiff for recovery of loan amount. By making these submissions, plaintiff prayed to restrain deft. from taking coercive action against him for recovery of the loan amount.
Deft. by filing reply strongly objected the N/M. It is submitted that deft. is not a financial institution. It has not advanced loan amount to plaintiff. Deft. is a company dealing with the business of insurance. Deft. is not concerned with the loan given to plaintiff. By making these submissions, deft. prayed to reject the N/M.
Considered the submissions advanced on behalf of both the sides. As per copy of the account statement filed on record along with plaint, it is clear, as crystal, that deft. has not advanced loan to the plaintiff. One \''Magma Fincorp Ltd.\'' advanced loan to the plaintiff. Deft. is an insurance company who has insured plaintiff\''s vehicle. As deft. has not advanced loan to the plaintiff for purchasing the motor vehicle, there is no question of taking coercive action against plaintiff for recovery of loan amount. Thus, plaintiff has failed to raise a fair question against deft. which requires trial. Plaintiff failed to establish prima-facie case. Therefore, he is not entitled to get relief of temporary injunction as prayed for. In the result, following order.
ORDER
1. N/M No.3949/19 is dismissed.
2. Costs in cause.
3. N/M No.3949/19 is disposed of accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 11-10-2021