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SUMMARY CIVIL SUIT - SUMMARY SUIT

Corportion BankVsMrs. Shahajahan Khatoon Md. Aziz Ansari

CNR MHCC01000149201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--LOKADALAT
Decision Date: 13th December 2025

TrustJury record updated 16 Sept 2026

Case Overview

Registration Number
101169/2019
Registration Date
25 Nov 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    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. 274/21.
    Order below CH/S No. 274/21
    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. 274/21 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: 30-10-2021
    
    Date: 30-10-2021
    Business: Court is Vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: None present.
    Matter is adjd to 25.02.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Court is on Leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: None for Plaintiff.
    	Record reveals that Plaintiff has carried out amendment.  But has not filed amended Plaint.  Neither has served other side.  Hence, Plaintiff to take appropriate steps and comply.
    	Matter adj. to 12/07/2022 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Adv. Ms. Archana Bhor for Plaintiff present.
    Plaint – Exhibit-1
    Vakalatnama – Exhibit-2
    Memorandum of Address – Exhibit-3
    List of Documents – Exhibit-4
    She filed an application for fresh Writ of Summon upon the Defendant.  O :- Issue fresh Writ of Summons.
    Matter adjourned to17/09/2022 for Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: Adv. Upadhyay for plaintiff present.
    None for defendant.
    Exh.06-Plaintiff filed application for extension of time to serve writ of summons.
    O-Time granted as a last chance.
    Matter adjd. to 04.11.2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: None for plaintiff.
    Though the matter is filed in the year 2019, plaintiff failed to take proper steps to serve defendant.  Already ample opportunities are granted to the plaintiff to take steps.  Therefore matter be place on dismissal order. Matter is adj to 17/12/2022 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Adv.Upadhayay for plaintiff present.
    At the request of advocate of plaintiff matter is kept back.
    Later on at 12.37pm
    Adv.Upadhayay for plaintiff present.   He filed application (Exh-6) for extension of time of writ of summons.
    Record reveals that already time was extended by this court on application of plaintiff on 17/09/2022.  It appears that plaintiff has not lodged writ of summons  to this office in time and has again filed present application.  Despite the same, application is allowed subject to cost of Rs.100/- (Rupees One Hundred Only. Cost to be paid to DLSA, Mumbai.
    Matter is adj to 24/02/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: None for plaintiff.
    No affidavit of service is filed.
    Matter is adj as last chance to 28/04/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for the parties.
    Matter is adj to 11/08/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Archana Bhor for the plaintiff is present and filed application for extension time for seving writ of summons upon defendant. TOR. It is marked as Exh-7. O-Allowed.
    Matter is adj to 03.11.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-11-2023
    
    Date: 03-11-2023
    Business: Adv. Archana Bhor h/f Adv. V. B. Tiwari is present for plaintiff.
    Adv. for plaintiff filed affidavit of service along with the closed envelope addressed to the defendant with the submission that the service is incomplete. TOR and marked as Exh.8.
    As the service is incomplete, the plaintiff to take steps.
    Matter is adj to 15-02-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-02-2024
    
    Date: 15-02-2024
    Business: Adv Manjula Chigari h/f Adv V. B. Tiwari for plaintiff present.
    She filed application for substitute service along with affidavit in support of it. t.o.r. marked as Exh. 09.
    On perusal affidavit of service at Exh. 08, it appears writ of summons sent by RPAD is returned with remark \''insufficient address\''.  Therefore the plaintiff has requested for substitute service by way of publication in two local news papers.  hence considering the reason, the plaintiff is directed to serve writ of summons to defendant by way of substitute service by publishing in two news papers in the area where defendant lastly resided.  O- Issue writ of summons.
    Matter stands Adj for Affidavit of service on 12/04/2024.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Manjula Chigari h/f Adv. V. B. Tiwari for plaintiff is present.
    There is element of settlement. Hence, matter be referred for mediation. Issue notice to the defendant.
    Matter is adj to 20.06.2024 for mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 20-06-2024
    
    Date: 20-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. V. B. Tiwari for plaintiff is present.
    The plaintiff is directed to take steps to serve summons to the defendnat by way of substitute service.
    Matter is adj to 31.07.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 31-07-2024
    
    Date: 31-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Jyoti Patkar for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 01.10.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-10-2024
    
    Date: 01-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv  Shukla for plff is present.
    The defendant and his counsel are absent.
    Matter is adj to 20.12.2024  for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-12-2024
    
    Date: 20-12-2024
    Business: P.O. IS ON HALF DAY LEAVE (MORNING SESSIONS)
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-01-2025
    
    Date: 06-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE -(C.R.NO.81)
    Not on board, taken on board.
    Mediation report received from mediation department. It is reported that mediation is failed. Taken on record. It is marked as Exhibit
    Matter is already adj to 27.02.2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-02-2025
    
    Date: 27-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Vinod Shukla h/f Adv. V. B. Tiwari for plaintiff is present and filed an application for extension of time to serve writ of summons by substitute service. Taken on record. It is marked as Exh-10. O-Time is extended.
    Matter is adj to 21.04.2025 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-04-2025
    
    Date: 21-04-2025
    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 and filed affidavit of service of substitute service of writ of summons.  TOR and marked as Exh-11.
    Matter is adj to 23.06.2025 for Order on Exh-11.
    Next Purpose: ORDER
    Next Hearing Date: 23-06-2025
    
    Date: 23-06-2025
    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-1
    On perusing service affidavit at Exh-11, it appears that the plaintiff has served summons to the defendant by way of substitute service by publishing writ of summons in two news paper i.e. in Active Times and Mumbai Lakshadeep on 16.04.2025
    It appears that summons is served on the defendant by way of substitute service on 16.04.2025.  The defendant failed to appear. Hence, matter be proceeded Ex-parte against the defendant.
    Matter is adj to 25.08.2025 for filing original documents and ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-08-2025
    
    Date: 25-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Vinod Shukla for plaintiff is present and requested for adjournment to file ex-parte evidence. Adjournment is granted.
    Matter is adj to 22.09.2025 for filing ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-09-2025
    
    Date: 22-09-2025
    Business: P. O. is on half day leave in first session.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-11-2025
    
    Date: 19-11-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Mr. Shashi Bharadwaj, representative of plaintiff is present.
    Adv. V. B. Tiwari for plaintiff is present and submitted that matter be referred to lokadalat. Hence, matter is referred to lokadalat.
    Matter is adj to 13.12.2025 for lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-12-2025
    
    Date: 13-12-2025
    Business: NATIONAL LOK-ADALAT HELD ON 13.12.2025 (Panel-XIV)
    Matter pertaining to C.R. No.81
    None present.
    Matter is adj for steps to 22.01.2026.
    Later on at 01.40 p.m.
    Sr. Manager of plaintiffs bank Mr. Shashi S/O Yogendra Prasad Sharma is present.
    Adv. Mithilesh Pandey h/f V. B. Tiwari and Co. is present for plaintiff.
    Exh. 12 – APPENDIX I.
    Exh. 13 – Lok-Adalat Award.
    Nature Of Disposal: LOKADALAT
    Disposal Date: 13-12-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100125/2019
    Filing Date: 03-01-2019
    First Hearing Date: 29th January 2020
    Decision Date: 13th December 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    13 Dec 2025
    Order Details: Other
    Pdf Text: 12 13/12/2025
    Summary
    Civil Suit
    1169/2019
    Exh. 12
    Exh. 13
    NATIONAL LOK-ADALAT HELD ON 13.12.2025 (Panel-XIV)
    Matter pertaining to C.R. No.81
    None present.
    Matter is adj for steps to 22.01.2026.
    Later on at 01.40 p.m.
    Sr. Manager of plaintiffs bank Mr. Shashi S/O Yogendra Prasad
    Sharma is present.
    Adv. Mithilesh Pandey h/f V. B. Tiwari and Co. is present for
    plaintiff.
    Exh. 12 – APPENDIX I.
    Exh. 13 – Lok-Adalat Award.
    Adv. Ajay Dubey H.H.J.Shri. S.P. PINGLE
    Panel Member Panel Head
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