Shri Vijay Santoshkumar KanjuttVsAllahbad Bank +1 more

Date: 14-02-2018
Business: Adv. for plaintiff present. None for defendant.
Adv. for plaintiff seeking extension of time for writ of summons. Time extended.
Matter adj. for writ of summons on 31.03.2018.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 31-03-2018

Date: 31-03-2018
Business: Adv. for plaintiff present. None for defendant.
Adv. for plaintiff tendered affidavit of service along with AD card in respect of deft no.2 and track report in respect of deft no.1 and original writ of summons. TOR at Exh.2.
Matter adj. for ex-parte order on 13.06.2018.
Next Purpose: ORDER
Next Hearing Date: 13-06-2018

Date: 13-06-2018
Business: Adv.  Mrs. R. K .Bhaghya Present for the Plff.
None Present for the Deft.
As per service affidavit dt. 28/03/2018, deft no. 1 served RPAD as per postal track record on 12/03/2018 and Deft no.2 Served by RPAD acknowledgement dt. 12/03/2018 when called Deft no.1 and 2 proceeded. Hence suit proceeded Ex-parte against deft no. 1 and 2.
Adj. For Ex-parte Evidence on 18/07/2018.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-07-2018

Date: 18-07-2018
Business: Adv. Mrs. R. K. Bhagia Present for the Plff.
None Present for the Deft. Proceeded ex-parte.
PW1 Vijay Santoshkumar absent.
Ld counsel for the Plff filed Evidence of Plff alongwith document t.o.r.
Adj. For Ex-parte Evidence on 19/09/2018.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-09-2018

Date: 19-09-2018
Business: Adv. Ms. Bhagya Present for the Plff.
None Present for the Deft. Proceeded Ex-parte.
PW1 Absent.
On the oral request of the Ld counsel for the Plff. Adj. Granted.
Adj. For Ex-parte Evidence on 05/12/2018.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-12-2018

Date: 05-12-2018
Business: Adv. Mrs. Bhagia Present for the Plff.
None Present for the deft. Proceeded Ex-parte.
PW1 Present. Chief Examination Recorded following documents proved. No cross-examination offered. Witness discharge.
D.sr.no.1, Letter dt.17/01/2015.
D.sr.no.2, Letter dt.07/04/2017.
D.sr.no.3, Letter dt. 10/08/2017.
D.sr.no.4, Postal receipt.
D.sr.no.5, Acknowledgement card.
Ld counsel for the Plff filed evidence closure pursis. t.o.r.
Adj. For Ex-parte Argument on 18/01/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-01-2019

Date: 18-01-2019
Business: HHJ is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2019

Date: 05-02-2019
Business: Adv. R. K. Bhagya Present for the Plff.
None is present for the deft no 1 and 2. Proceeded Ex parte.
Heard Argument Ld. Counsel for the plff. Plaintiff Sought time for further Argument. Granted.
Matter Adj for Argument on 07/03/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-03-2019

Date: 07-03-2019
Business: Adv. R. K. bhagia Present for the Plff.
None Present for the deft. no.1 and 2 Proceeded Ex-parte.
Ld counsel for the plff sought time for taking necessary steps to produce document. Granted.
Adj. For Final argument on 29/03/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-03-2019

Date: 29-03-2019
Business: Adv. R. K. Bhagia Present for the Plff.
None Present for the Deft. no. 1 and 2 proceeded Ex-parte.
Ld counsel for the Plff filed Draft NM alongwith affidavit for production of document by deft no.1.
Order- Heard. Leave granted. NM be registered. Copy be served upon otherside. Service affidavit be filed.
Adj. For NM Returnable and service affidavit on 28/06/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: None present for plaintiff.
Suit proceeded ex-parte against D-1 and 2.
Not filed registered NM.
Matter adjd for filing registered NM and service affidavit on 03/08/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Adv. R.K. Bhagia for plaintiff present.
Ld. counsel for plaintiff tendered registered NM No.1967/19 a/w affidavit. TOR.
Exh.11 Service affidavit filed by plaintiff. TOR. It shows that copies of NM\''s are duly served on both the defendants. None appeared. Already suit is proceeding exparte.
ORDER BELOW PASSED NM NO.1697/19
Plaintiff is seeking directions to D-1 Allahabad Bank to produce record and documents of saving A/C No.30145229089 at Kurla (East) branch. It is alleged that D-2 has opened said account by using the Aadhar and PAN Card of plaintiff. So there is every apprehension of any danger or problem to plaintiff. This suit is proceeding exparte. So considering the submission made by Ld. Counsel for plaintiff NM needs to be allowed. Accordingly the order.
ORDER
1. NM No.1697/19 is hereby allowed.
2. D-1 Allahabad Bank at Building No.86, Nehru Nagar, Nijadham CHS, Opp Pant Walewalkar School, Kurla (East), Mumbai is hereby directed to produce all records and documents in the Court pertaining to saving A/C No. 30145229089.
3. In case of failure to produce the documents, consequences will follow.
Plaintiff to serve this order on D-1 by hand.
Matter adjd for compliance on 07/10/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: PO is on leave. Hence adjourned on next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Adv. R.K. Bhagia for plaintiff present.
Exh.12 Service affidavit filed by plaintiff. TOR.
As per annexed letter the order of NM is duly served on D-1. None appeared for D-1. Already suit is exparte against both the defendants.
LO at 11.45 pm.
In response to service of NM order Adv. Lakdawala appeared for    D-1.
Exh.13 VP filed by Adv. Lakdawala for D-1. TOR.
Ld. counsel for D-1 undertakes to file documents on next date.
Matter adjd for affidavit of documents on 09/12/2019.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. R.K. Bhagia for plaintiff present.
Adv. Fatima Lakdawala for defendant no.1 present.
KB. LO at 12.23 pm
Ld adv for defendant no.1 submits that she intents to take out appropriate proceedings to file WS.
Ex.14   Adv for defendant no.1 filed pursis t.o.r. O-  Seen.
Ex.15   Adv for defendant no.1 filed list of documents t.o.r. O- Seen.
Copy of documents are provided to the plff advocate in the court today.
Matter adjd for filing NM by defendant no.1 to file WS to 23-03-2020 at 11.00 am.
Next Purpose: FOR___________________
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: FOR___________________
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None present.
Today matter is for filing of NM by defendant no.1 to permit to file WS.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for filing of NM by defendant no.1 to permit to file WS to 26-02-2021.
Next Purpose: FOR___________________
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Adv. Ms. Wasima Kazi h/f Adv. Ms. Lakdawala for defendant No. 1 present.
Adjd for directions to 15/06/2021
Next Purpose: DIRECTIONS
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: None present for plaintiff.
Adv. Fatima Lakdawala for deft-1 present. She submitted that defendant no. 1 Allahbad Bank is merged into Indian Bank and she wants to take necessary steps in that regarding. Hence matter adjd for steps by defendant no. 1 on 19.07.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Due to COVID-19 matter adj. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: As PO is busy in dictating Orders in ACB Spl. matter No. 10/16.  Hence, board is discharged.  Matter adj. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Court is Vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: COURT IS VACANT
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Matter called out at 12.14 pm
None for plff
Adv Shaikh Tausif H/f Fatima Lakdawala for Defendant No.1 present
Plff is directed to take appropriate steps in respect of defendant No.1
Matter is adjd on 04.10.2022 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv R.K.Bhagia for plff present.  None for defendant
Court is busy in dictating order in sessions case NO. 603/19.  Hence, matter is adjourned.
Matter is adjd on 02.12.2022 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: Matter called out at 12.54 pm
None for plff
Adv Vasima Kazi for defendant Nos. 1 and 2 present
Despite of directions given on 26.07.2022, none present for plff.  Stpes are not taken in respect of defendant No.1.  Put up for further order on next date.
Matter is adjd on 07.02.2023 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: Court is busy in recording evidence in 2077/19 and hearing argument in SU 4056/02.Hence, board is discharged.
Matter is adjd on 18-02-2023 for taking steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: Plaintiff present.
Adv. Bhofia for plaintiff present.
Adv. Vasima Kazi for defendant no. 1 present.
Adv. for plaintiff tendered application for withdrawal of the suit. TOR and marked as Exh. 16- O- Plaintiff is present. He submits that he does not want to proceed with the suit and wants to withdraw the suit. Accordingly application is allowed and following order is passed.
Order
1.Suit no. 275 of 2018 is disposed off as withdrawn
2. No order as to costs.
R and P be sent to Record Department.
Nature Of Disposal: WITHDRAWL
Disposal Date: 18-02-2023

NOTICE OF MOTION/101697/2019

Registration Number: 100275/2018
Transfer Date: 11-06-2021
From Court: 20 - Court 59 ADDL SESSIONS JUDGE
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Filing Number: 100328/2018
Filing Date: 08-01-2018
First Hearing Date: 14th February 2018
Decision Date: 18th February 2023
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE