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SUMMARY CIVIL SUIT - SUMMARY SUIT

The Jammu and Kahmir Bank Ltd., Through Mohammad Ayoub DarVsKhalida Aziz Lokhandwala W/o Abdul Aziz Lokhandwala +1 more

CNR MHCC01000369202281-COURT 81 ADDL. SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 09th July 2024

TrustJury record updated 05 Oct 2026

Case Overview

Registration Number
100204/2022
Registration Date
08 Mar 2022

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1The Jammu and Kahmir Bank Ltd., Through Mohammad Ayoub Dar

    Respondent

    1. 1Khalida Aziz Lokhandwala W/o Abdul Aziz Lokhandwala
    2. 2Abdul Aziz Lokhandwala S/o. Abdul Majid Moinuddin

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 04-05-2022
Business: PO is on training.  Matter adj. to
Next Purpose: REPORT
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: Adv. Sharma for Plaintiff present
Exh.01-Plaint.
Exh.02-Vakalatnama.
Exh.03-List of documents.
Exh.04-Memorandum of address.
Advocate for the plaintiff filed Affidavit of service.  It is at Exh.05.
Order-The summons is returned unserved with the remark \''left\''.  Hence service not complete.  Ld. Advocate for the plaintiff seeks time to take proper steps.  Time granted.
Matter adjourned to 14.10.2022 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: PO IS ON LEAVE
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Adv V. K. Sharma for plff present
Ld adv for plff filed application seeking withdrawal of the affidavit of service (Exh-5).
He submits that, he has filed wrong affidavit, of some other matter, before this court on 02.08.2022.
He submits that, the affidavit is infact of commercial suit no. 1297/2021.
In view of the submission made, and in view of inadvertence on  the part of Ld adv for plff, affidavit be returned to the adv for plff by keeping the photocopy of the same on record.
Ld adv for plff now tendered the service affidavit. Taken on record and marked as Exh-5A.
It appears that, the writ of summons sent through RPAD are returned unserved with the remark left.
As such service is not proper. Adv for plff seeks time to take proper steps.
Matter is adj to 17.03.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: PO IS ON LEAVE (FIRST SESSION).
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. V. K. Sharma for plaintiff is present and filed application for issuance of fresh writ of summons. It is marked as Exh-6. O-Allowed. Issue fresh writ of summons to the defendants by Speed post.
Matter is adj to 07.12.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. V. K. Sharma  for plaintiff is present and requested for adjournment with the submission that the matter is already settled out of the court and plaintiff wants to withdraw it, but due to the absence of the plaintiff, it is not possible. Adjournment is granted.
Matter is adj to 20.01.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chance to file affidavit of service.
Matter is adj to 02.03.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. V. K. Sharma for plaintiff is present and submitted that matter is settled between the parties. As plaintiff is not present today, counsel for plaintiff requested adjournment for withdrawal of the suit. Adjournment is granted.
Matter is adj to 10.04.2024 for filing affidavit of service/withdrawal.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff is absent.
Adv. V. K. Sharma for plaintiff is present and filed an application for withdrawal of the suit along with bank letter. Taken on record. It is marked as Exh-7.
Matter is adj to 06.05.2024 for order on Exh-7.
Next Purpose: ORDER
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Court is busy in dictating judgment in Suit No. 8646/99 and summons for judgment No.56/05, 57/05, 420/05, 421/05, 440/05 and 443/05
Matter is adj to 12.06.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
They are given last chance to take the steps.
Matter is adj to 09.07.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-07-2024

Date: 09-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Representative of the plaintiff is present.
Adv. V. K. Sharma for plaintiff is present
Order below Exh-1 and 7
The counsel for plaintiff had filed an application below     Exh-7 for withdrawal of summary suit. Representative of plaintiff namely Aijaz Sarwar Khan and his advocate are present. Representative of plaintiff submitted that matter has been settled out of court under OTS scheme. Representative of the plaintiff submits that he has authorized his counsel to withdraw the suit vide letter dated 10.03.2023. He is Branch Manager. He has authority to withdraw the suit. Therefore, plaintiff does not want to proceed with 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-7, the suit No. 204 of 2022 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: 09-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100167/2022
Filing Date: 04-01-2022
First Hearing Date: 04th May 2022
Decision Date: 09th July 2024
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    09 Jul 2024
    Order Details: Other
Pdf Text: 47
09/07/2024
SUM
204/22
CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Representative of the plaintiff is present.
Adv. V. K. Sharma for plaintiff is present
Order below Exh-1 and 7
The counsel for plaintiff had filed an application below
Exh-7 for withdrawal of summary suit. Representative of
plaintiff namely Aijaz Sarwar Khan and his advocate are
present. Representative of plaintiff submitted that matter has
been settled out of court under OTS scheme. Representative
of the plaintiff submits that he has authorized his counsel to
withdraw the suit vide letter dated 10.03.2023. He is Branch
Manager. He has authority to withdraw the suit. Therefore,
plaintiff does not want to proceed with 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-7, the suit No. 204 of 2022 is
hereby stands disposed of, as withdrawn unconditionally.
The plaintiff may be entitled to refund of court fees, if
provided for in the rules.
Judge
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