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SUMMARY CIVIL SUIT - SUMMARY SUIT

UBI-E-Corp (Corporation Bank)VsSri Mahammadali Ayub Sayyed +1 more

CNR MHCC01000722202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 14th December 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100283/2021
Registration Date
11 Mar 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 06-05-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 17/08/2021 for Report
    Next Purpose: REPORT
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Both the parties and their advocates are absent.
    L.O. at 12.00 p.m.
    Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Maya for the plff present.
    Matter is adjd to  12.10.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Court is on leave hence, matter is adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: None present.
    Matter is adjd for report on 05-05-2022
    Next Purpose: REPORT
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: REPORT
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: As Court busy in arguments in Summons for Judgment No.38 of 2017 and dictating judgment in Sessions Case No.1865 of 2019, hence, board is discharged.
    Matter adjourned to 07.11.2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: None present for plaintiff.
    KB
    LO at 03.05 pm
    Adv.Maya Majumdar for plaintiff present. She filed affidavit of service of writ of summons, Exh.2.
    From the affidavit it reveals that writ of summons is duly served on both the defendant by way of RPAD service in the month of August 2021. Inspite of service defendants failed to cause appearance. Hence, suit to proceed ex-parte.
    Matter is adj to 23.01.2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: None for plaintiff.
    No ex-parte evidence is led.
    Matter is adj to 28/04/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    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 plaintiff.
    None for defendant (Ex-parte).
    Matter is adj to 08/08/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Manasi Manoj Pawaskar h/f Adv. Maya Majumdar for plaintiff is present and filed application under order 2, rule 2 of CPC. It is marked as Exh-3.
    Order below Exh-3
    This application is filed by the plaintiff under order 2, rule 2 of CPC. It is stated in the application that the defendant No. 2 is the guarantor and is under corporate insolvency dissolution process and therefore, the plaintiff does not want to proceed against defendant No. 2. In short, the plaintiff wants to relinquish the claim as against the defendant No.2.
    In view of the submission of the counsel for the plaintiff and filing application (Exh-3), the suit claim as against defendant No.2 shall stands relinquish. Suit to proceed as against defendant No. 1 only. Application(Exh-3) is allowed accordingly.
    Matter is adj to 18.10.2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Matter is adj to 06.12.2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Maya Majumdar for plaintiff is present and filed affidavit of evidence of Jitendra Singh Rawat and list of documents along with documents. Taken on record. They are marked as Exh-5 and 6 respectively.
    Counsel for plaintiff also filed evidence close pursis. Taken on record. It is marked as Exh-7.
    Matter is adj to 05.02.2024 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 05.03.2024 for admission and denial of the documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 05-03-2024
    
    Date: 05-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Representative of plaintiff is present. His advocate is absent.
    Keep back.
    Later on at 12.35p.m.
    Adv Maya Majumdar for plaintiff is present and requested to adjournment. O – Time is granted for last chance.
    Matter is adj to 24.04.2024  for further Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-04-2024
    
    Date: 24-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv Maya Majumdar  for plaintiff present and argued on admission and denial of documents.
    Matter is adj to 24.06.2024 for Exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Aakanksha Shukla h/f Adv. Maya Majumdar for plaintiff is present.
    Court is busy in hearing argument in Summons for judgment No.148/18, Suit 3679/10 and CS No.2095/17 and dictating order in Exhibits in Sum 752/16, 675/16, 674/16 and 668/16.
    Matter is adj to 30.07.2024 for Marking documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: Court is on half day leave(in first session).
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 25-10-2024
    
    Date: 25-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Akanksha Shukla h/f Adv. Maya Majumdar for plaintiff is present and filed pursis to refer matter to lokadalat Taken on record. It is marked as Exh-7. Hence, matter is referred to lokadalat.
    Matter is adj to 14.12.2024 for lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-12-2024
    
    Date: 14-12-2024
    Business: Matter pertaining to C.R. No.81
    Mr. Jitendra Singh Ravat, representative of plaintiff is present.
    Adv. Maya Majumdar for plaintiff is present and filed pursis for withdrawal of suit along with authority letter and copy of aadhar card. Taken on record. It is marked as Exh-8.
    Order below Exh-1
    The counsel for plaintiff has filed pursis below Exh-8 for withdrawal of summary suit. Representative of plaintiff and his advocate are present. Representative of plaintiff submitted that defendant has settled the matter.  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 pursis for withdrawal of the suit at Exh-8, the suit No. 283 of 2021 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: 14-12-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100735/2020
    Filing Date: 16-01-2020
    First Hearing Date: 06th May 2021
    Decision Date: 14th December 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    14 Dec 2024
    Order Details: Other
    Pdf Text: 14/12/2024 NATIONAL LOK-ADALAT HELD ON 14/12/2024 (Panel-XIV)
    Sr. No.- 20
    SUM
    283/21
    Exh-8
    Matter pertaining to C.R. No.81
    Mr. Jitendra Singh Ravat, representative of plaintiff is
    present.
    Adv. Maya Majumdar for plaintiff is present and filed pursis
    for withdrawal of suit along with authority letter and copy of
    aadhar card. Taken on record. It is marked as Exh-8.
    Order below Exh-1
    The counsel for plaintiff has filed pursis below Exh-8
    for withdrawal of summary suit. Representative of
    plaintiff and his advocate are present. Representative
    of plaintiff submitted that defendant has settled the
    matter. 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
    pursis for withdrawal of the suit at Exh-8, the suit No.
    283 of 2021 is hereby stands disposed of, as
    withdrawn unconditionally.
    The plaintiff may be entitled to refund of court fees, if
    provided for in the rules.
    Adv. S. G. Yadav H.H.J. S. S. SHINDE
    Panel Member Panel Head
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