Date: 23-03-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. K. Kanalkar for the plaintiff.
None for defendants.
Advocate for the plaintiff tendered registered N/M No.326/2021 along with affidavit in support. t.o.r.
Matter is adjd. to 05/02/2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv.Rajesh Adrekar for plff present.
He filed Affidavit of service t.o.r.
Matter is adjd. to 12-02-2021 for reply by deft no.1,2 and 5 and service to the remaining defts.
Next Purpose: REPLY
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv. Nidumpara for plaintiff
Adv. Sawant for the defendant No.1.
She filed undertaking to file vakalatnama on next date.
Matter is adjd. to 25/02/2021 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Nikita Panalkar for plff. present.
Adv. Nainesh A. Amin for deft.nos.1 and 2 present.
Plaint
Vakalatnama
Memorandum of address in plaint.
List of documents in plaint.
V/P filed by deft.nos.1 and 2 t.o.r.
Matter is adjd. to 16.03.2021 for reply on N/M No.326/21.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: By praecipe.
Adv. Mr. Nedumpara for plaintiff.
Draft NM along with affidavit of support tendered by advocate for the plaintiff. O- Leave to register N/M is granted. N/M is made r/o 16/03/2021.
ORDER
Heard. Admittedly, the suit property is situated in District Pune. It prima facie appears that this Court has no jurisdiction. NM No.326/2021 taken out by the plaintiff is pending. It is significant to note that, leave to register the suit was granted to the plaintiff by keeping open all legal objections as to the maintainability of the suit including the bar under Section 80 of CPC. So also, Section 34 of the SRFAESI Act bars jurisdiction of the Civil Court. The contention of ld. advocate for the plaintiff that in view of the provisions of the MSME Act, the provisions of Section 34 of the SRFAESI Act are not applicable to the present suit. To my mind, this being a legal issue needs to be decided on merits after giving opportunity of being heard to defendants. Considering the nature of the suit, I am of the considerate view that this is not a fit case for issuance of ad-interim injunction. So, the plaintiff\''s prayer for ad-interim injunction is rejected.
Matter is adjd. to 16/03/2021 for tendering registered NM/NM reply.
CC is expedited.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Nedumpara A/w Nikita Panhalkar for the plaintiff.
Adv. Amin for the defendants No.1 and 2.
Adv. Mr. Kapse for the defendant No.6
Advocate for the plaintiff tendered registered N/M No.774/2021 along with affidavit in support. t.o.r.
Reply to NM No. 326/2021 filed by advocate for the defendants No.1 and 2.
Heard ld. advocate for the plaintiff partly.
Matter is adjd. to 19/03/2021 for further arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Nidhumpara for the plaintiff present.
Adv. Amin for defendants No.1 and 2 present.
Fourt draft NMs along with affidavit of support tendered by advocate for the plaintiff. O- Leave to register N/Ms granted.
Further argument ld. advocate is heard.
Matter is adjd. to 22.03.2021 for NM hearing at 4.30 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: None present.
Matter is adjd. to 31/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv. Mr. Rajawaleja for the plaintiff.
None for defendants.
On oral request of the ld. advocate for the plaintiff, mater is adjd. to 26/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2021
Date: 26-06-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Court is busy in dictating order in NM-1792/21 (Suit-1568/21) and NM No.3356/18 (Suit-2349/18).Hence board is discharged.
Matter is adjd. to 09.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None present.
KB
LO
As Court is busy in hearing argument in SU 3584/11. Hence, board is discharged.
Matter is adjd. to 15.02.202 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: None present for the plaintiff.
Adv Mr.Kudalkar for defendant nos.3 to 5 present.
Matter is adjd. to 26.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: None present for plaintiff.
None present for defendant.
As plaintiff and his advocate are absent.
Matter adjourned for dismissal order to 11.07.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: None present for plaintiff.
None present for defendants.
kb.
l.o. at 05.19 pm.
None present for plaintiff.
None present for defendants.
From the matter on record, it appears that, since long plaintiff and his advocate are absent and they did not take steps to proceed further with the suit and notice of motion no. 326/2021 and notice of motion no. 774/2021 and therefore, the matter is kept for dismissal order. Today also plaintiff and his advocate are absent and did not take steps to proceed further with the suit and the above notice of motions. From the above conduct of plaintiff, it appears that, plaintiff is not interested to proceed further with the suit and the above notice of motions. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 3 Of Code Of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 3 Of Code Of Civil Procedure. As the suit is dismissed, notice of motion 326/2021, notice of motion 774/2021, notice of motion 880/2021, notice of motion 881/2021 notice of motion 882/2021 and notice of motion 883/2021, Notice of motion 495/2020, CC 168/2020 do not survive. Hence notice of motion 326/2021, notice of motion 774/2021, notice of motion 880/2021, notice of motion 881/2021 notice of motion 882/2021 and notice of motion 883/2021, Notice of motion 495/2020, CC 168/2020 are disposed off. Proceeding is closed.
l.o. at 05.35 pm.
Adv. Kapse present for defendant no. 03 to 05.
Nature Of Disposal: DISMISSED
Disposal Date: 11-07-2022
