Order 1

Order Details: Notice of Motion
Pdf Text: Suit No.3120/2009 Order in N/M No. 4916 of 2019
MHCC010134552019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 4916 OF 2019.
IN
Suit No.3120 OF 2009.
Octaga Green Power and Sugar Company … Applicant/ Plaintiff.
In the matter between -
Octaga Green Power and Sugar Company Ltd. …Plaintiff
V/s.
1. The Shetkari Soyabean Pvt. Ltd & 6 Ors. ...Defendants.
Appearance:
Adv. Mr. Prathamesh Mandlik for Plaintiff.
None for Defendant.
CORAM : HER HONOUR JUDGE
SMT. ASHWINI V. KASTURE.
(C.R.No.59)
DATE : 25th September, 2024.
ORDER
The defendant has taken out this Notice of Motion with
prayer that the defendants be dealt with in accordance to the provisions
of order XXXIX rule 2A of the Code of Civil Procedure, 1908 for having
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Suit No.3120/2009 Order in N/M No. 4916 of 2019
breached the injunction granted vide the order dated 24th April 2009
and 17th August 2009 passed in the present suit and the defendants be
directed to take all necessary steps to reverse the sale of suit property to
Shri Sanjay P. Patil so that there is no breach of the injunction granted
by the court
2. According to the plaintiff, he has filed the present suit for
specific performance of the agreement dated 7th July 2002 under which
the defendants have agreed to sale the suit property to him. The
plaintiff had filed the notice of motion No.816 of 2009 for injunction,
restraining the defendants from creating third party rights in the suit
property. The said notice of motion was heard and High Court was
pleased to pass order dated 24th April 2009 granting ad- interim reliefs
till further orders. The court further by the order dated 17th August
2009 continued the ad-interim relief granted on 24th April 2019 till the
hearing and final disposal of the present suit.
3. The plaintiff further states that in the meantime the suit
was transferred from the Hon’ble Bombay High Court to this court and
re-numbered as 3120 of 2009.
4. The plaintiff filed a chamber summons No.900 of 2016 for
amendment of the plaint for adding the bank as a party-defendant.
Through the reply filed by the bank in the said Chamber summons, the
plaintiff came to know about the recovery proceeding filed by the bank.
However, as he was not impleaded as a party to the said proceeding, he
could not represented before the Debt Recovery Tribunal. The
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defendants took advantage of the absence of plaintiff and suppressed
the order dated 17th August 2009 from Debt recovery Tribunal. The
defendants colluded with one Shri Sanjay P. Patil and sold the suit
property to him there by allowing the bank to adjust the sale proceeds
towards the loans of defendant No.1. Thus, the defendants have
violated the orders of the honorable High court dated 24th April 2009
and 17th August 2009. Hence, the Plaintiff has taken out the present
Chamber summons.
5. The notice of present chamber Summon has been served
upon the defendants however, the defendants failed to appear and file
reply on the present chamber summons hence, the matter was
proceeded without say of the defendants on the chamber summons.
6. Perused the chamber summons and the documents filed
along with it. Heard the Ld. advocate for the plaintiff. As the defendant
failed to file the reply to the Chamber summons, the contention of the
plaintiff remained unchallenged. The documents produced on record
show that there is an order restraining the defendants to create third
party interest in the suit property. According to the plaintiff, the
defendants have breached the said order by creating third party interest
in the suit property. Hence, filed the present chamber summons with a
prayer to dealt with the defendants in accordance with the provisions of
Order 39 Rule 2A of CPC. Therefore, the following order is passed,
ORDER
1. Issue Show Cause Notice to the defendants as to why
the attachment warrant should not be issued against them.
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2. Issue Show Cause Notice to the defendants as why they
should not be detained in civil prison.
(A.V. Kasture )
Judge
Dt.25/09/2024 City Civil Court, Gr. Mumbai
Declared on : 25/09/2024
Dictated on :25/09/2024
Transcribed on : 25/09/2024
Checked & Signed on: 25/09/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
26.09.2024 at 01.30p.m. Mr. Harshal Jagtap
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Smt. A. V. Kasture,
(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 25.09.2024.
Order signed by P.O. on 26.09.2024
order uploaded on 26.09.2024
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