Nusrat Majeed Shaikh - Suit St. No. 9953 of 2019VsDeewan Housing Finance Corporation Ltd And Ors

Date: 20-12-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-07-2020

Date: 18-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Matter is adjd.to 16.02.2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None for the plaintiff.
As per order dated 19.09.2019, four weeks time was granted to the plaintiff to remove the office objections. However, till date,  the plaintiff has not removed all office objections. The plaintiff has failed the present suit without obtaining leave under section 80 of the CPC. The suit is apparently barred under section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.  The plaintiff has sought declaration of his title to flat No.102, 1st Floor, Bldg. No.A/2, Hill Park Tower CHSL, Nr. Agarwal Estate, Jogeshwari West, Mumbai-400 103 with consequential relief of injunction. As such, the plaintiff ought to have valued the suit on the market value of the said flat for the purpose of jurisdiction and Court fees and paid Court fees as per the provisions of under section 6 (iv) (d) of the Maharashtra Court Fees Act. However, he has valued the suit at Rs.1000/- only for the purpose of  jurisdiction and Court fees and paid Court fees of Rs.500/- only under section 6 (iv) (j) of the Maharashtra Court Fees Act. The plaintiff has not properly valued the suit for the purpose of  jurisdiction and Court fees and paid deficit Court fees. Hence, the plaint is rejected. Stamp No. 9953/2019 is accordingly disposed of.
Leave was granted to the plaintiff to register draft NM. However, till date, the plaintiff has not tendered registered NM.  As the main suit is disposed of and the plaintiff does not survive of NM No.4063/2019. Accordingly NM No.4063/2019 stands disposed of.
Nature Of Disposal: OTHER
Disposal Date: 16-02-2021

Filing Number: 110536/2019
Filing Date: 05-11-2019
First Hearing Date: 20th December 2019
Decision Date: 16th February 2021
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE