Corportion BankVsNassem Mohamed

Date: 29-01-2020
Business: Adv for plaintiff Mr.Suresh Upadhayay present.
None for the defendant.
Matter is Adjd for Affidavit of Service to 15.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: P.O.is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-05-2020

Date: 20-05-2020
Business: NATIONAL LOCKDOWN
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to 06.02.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Adv. Shivesh Upadhay for the plaintiff present.
It is submitted that the writ of summons is unserved as the address of defendant is not correct.
Adv.for the plaintiff sought time to takes steps.
Adv. for plaintiff has filed draft CH/S. O- Leave granted to register.
KB.
KB. LO at 3.32 p.m.
Adv. for the plaintiff has filed original registered Ch/S no. 275/21.
Order below CH/S No. 275/21
Perused the Chamber Summons which is supported by an affidavit being executed by Manager of Union Bank of India Mr. Ravi Goyal. The defendants in this case not yet served. Heard Adv. for the plaintiff. By virtue of gazette notification dtd. 04.03.2020 issued by Ministry of Finance, Govt. of India the original plaintiff Corporation Bank is amalgamated with Union Bank of India. In view of the notification the proposed amendment is necessary for continuing the suit. Hence, I pass the following order-
                                  ORDER
Chamber Summons No. 275/21 is allowed and made absolute in terms of prayer clause (a). The plaintiff to carry out the amendment within two weeks and shall serve the copy of amended plaint upon the defendants within two weeks thereafter.
Chamber Summons is disposed of accordingly.
Matter be kept for compliance/service report on 30.04.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 26.06.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-06-2021

Date: 26-06-2021
Business: In view of Office Order No.117/2021 dated 24.06.2021, as holiday declared on 26.06.2021, the board is discharged and the matter is adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Adv Aniket Tiwari for plaintiff present.
None for defendant.
Adv for plaintiff filed application for fresh writ of summons TOR. O-Allowed as per rules.
Matter is adjd to 11.01.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: Plaintiff and Defendant absent.
Adv. Ashwin Mishra for Plaintiff is present.
Matter is adjd for compliance to 18.02.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: None present.
Matter is adjd for compliance on 04-05-2022
Next Purpose: COMPLIANCE
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: PO is on training.  Matter adj. to
Next Purpose: COMPLIANCE
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: Adv. Mr. Upadhyay for Plaintiff present and filed an application for issuance of fresh summons.
O :- Application allowed.  Issue fresh summons R/O 28/09/2022.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: None for Plaintiff.
No service affidavit filed.
Matter adjourned to 17.12.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: Adv.Ms.Kaikasha Shaikh for plaintiff present.   She filed application    (Exh-2) for extension of time for writ of summons.
By order dated 13/12/2021 on application filed by plaintiff was allowed and thereby fresh writ of summons was issued.  Again on the application of plaintiff fresh summons was issued on 02/07/2022.  Today matter was kept for filing affidavit of service.  However plaintiff has filed the application for extension of time.  It appears that plaintiff is not vigilant to lodge summons in the office of this court and causally seeks extension.
In view of the aforesaid, application is allowed subject to cost of Rs.100/-(Rupees One Hundred Only). Cost to be paid to DLSA, Mumbai.  Time is extended till next date as a last chance.
Matter is adj to 17/03/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: PO IS ON LEAVE (FIRST SESSION).
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Upadhayay for plaintiff present.
Application filed by Ld. Advocate for plaintiff for seeking extension of time to serve summons. TOR. It is marked as Exh-3. O-extension of time is granted in the interest of justice subject to the costs of Rs. 300/-payment to DLSA. Costs shall be deposited within two weeks.
Matter is adj to 25.09.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Archana Bhor h/f Adv. V. B. Tiwari for plaintiff is present and filed application for extension of time for service of writ of summons. It is marked as Exh-4.
Order below Exh-4
The plaintiff failed to comply the order dated 16.06.2023 in respect of depositing the costs and serving the writ of summons. The plaintiff is again praying for adjournment. Adjournment is granted in interest of justice, subject to costs of Rs. 1,000/- payable to DLSA.
The plaintiff shall deposit the previous costs and todays costs within 10 days. Subject to this compliance, time is extended till next date.
Matter is adj to 22.12.2023 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-12-2023

Date: 22-12-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Manjula Chigari for plaintiff is present and filed application for extension  of time to pay the costs as per order dated 16.06.2023 and  25.09.2023. It is marked as Exh-5. O-Time is extended till today. The plaintiff to pay the costs today only.
KB
Later on
Adv. Manjula Chigari for plaintiff is present and deposited the costs of Rs.300/- and Rs. 1000/- as per order dated 16.06.2023 and 25.09.2023 respectively.  Counsel for plaintiff filed affidavit of service of writ of summons. Taken on record. It is marked as Exh-6.
Matter is adj to 28.03.2024 for hearing on Exh-6.
Next Purpose: HEARING
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: P.O. IS ON LEAVE
Next Purpose: HEARING
Next Hearing Date: 10-05-2024

Date: 10-05-2024
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 15-07-2024

Date: 15-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. V. B. Tiwari for plaintiff is present.
Order below Exh-6
On perusing affidavit of service at Exh-6, it appears that writ of summons sent to the defendant, through RPAD, is returned with remark insufficient address. Service is incomplete. The plaintiff is directed to take necessary steps to serve the writ of summons.
Matter is adj to 25.09.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Archana Bhor h/f Adv. V. B. Tiwari for plaintiff is present and requested for adjournment to take steps. Adjournment is granted.
Matter is adj to 10.12.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2024

Date: 10-12-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. V. B. Tiwari for plaintiff is present and filed an application for substitute service along with affidavit. Taken on record. It is marked as Exh-7. O-Put up for order.
Matter is adj to 27.01.2025 for order on Exh-7.
Next Purpose: ORDER
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: P. O is on leave.
Next Purpose: ORDER
Next Hearing Date: 07-02-2025

Date: 07-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Archana Bhor h/f Adv. V. B. Tiwari for plaintiff is present.
Order below Exh-7
Perused application at Exh-7 and record. Heard Ld. Counsel for the plaintiff. On perusing affidavit of service at Exh-6 sent by RPAD, it appears that writ of summons is not served on the defendant, as it is returned with remark   insufficient address. Therefore, it is necessary to serve the writ of summons to the defendant by way of substitute service by publishing writ of summons in two news paper i.e. one local language and one English language. Hence, application at Exh-7 is hereby allowed. The plaintiff is directed to publish writ of summons in newspaper having wide circulation in the area where said defendants are residing. Hence, issue fresh writ of summons by way of substitute service.
Matter is adj to 16.04.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2025

Date: 16-04-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jyavant palande i/b V B Tiwari and Co.for plaintiff is present and filed an application for extension of time to serve writ of summons by way of substitute service. TOR and marked as Exh.08. O- Allowed. Time is extended as last chance.
Matter is adj to 21-07-2025 for filing of affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Shashi Yogendra Bharadwaj,representative of Plaintiff is present.
Adv. Archana Bhor h/f Adv. V. B. Tiwari for plaintiff is present and filed an application for withdrawal of suit. TOR and marked as Exh-9.
Order below Exh-1 and 9
Perused application and record. Heard Ld. counsel for plaintiff. The counsel for plaintiff has filed an application below Exh-9 for withdrawal of summary suit. Representative of plaintiff and his advocate are present. Representative of plaintiff submitted that he does not want to proceed with the matter. He has filed verified copy of Power of Attorney dated 15.12.2022 to support his contention that he has authority to withdraw the matter.
In view of the submissions of representative of plaintiff and his advocate as well as contents in the application for withdrawal of the suit at Exh-9, the suit No. 1163 of 2019 is hereby stands disposed of, as withdrawn unconditionally.
The plaintiff may be entitled to refund of court fees, if provided for in the rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 21-07-2025

CHAMBER SUMMONS/100275/2021

Registration Number: 101163/2019
Transfer Date: 17-07-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 101163/2019
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 100128/2019
Filing Date: 03-01-2019
First Hearing Date: 29th January 2020
Decision Date: 21st July 2025
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE