Skip to main content
Commercial Suit

HDFC Bank Ltd.VsParag Jaywant Desai

CNR MHCC01001281202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 02nd September 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100503/2021
Registration Date
06 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1HDFC Bank Ltd.

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 37

    Case History / Proceedings

    Case History
    Date: 30-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 21-05-2020
    
    Date: 21-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 09-06-2020
    
    Date: 09-06-2020
    Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 04-08-2020
    
    Date: 04-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: None present.
    Today mater is for report.
    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 report to 08-03-2021.
    Next Purpose: REPORT
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. R.R. singh for plaintiff present.
    None for defendant.
    Ex.02   Ld Adv for plaintiff filed application of issue fresh writ of summons to defendant t.o.r. O- Issue writ of summons to defendant on PF.
    Matter adjd for affidavit of service to 21-06-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Business: Both parties and their advocates are absent when called out.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT  (C.R.NO.31)
    Both parties and their advocates are absent when called out.
    Matter is adjd.to 21-08-2021 for Affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: None present.
    The matter is adjd for filing service affidavit to 23.09.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv. R.R. Singh for plaintiff present.
    Exh.3- Adv. For plaintiff filed application for issuance of fresh writ of summons.
    O. - Issue fresh writ of summons as prayed.
    The matter is adjd for affidavit of service to 29.10.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv. R.R. Singh for plaintiff present.  He sought time for filing service affidavit.  Time as prayed for is granted.
    The matter is adjd for filing service affidavit to 01.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv. R.R. Singh for plaintiff present.
    Adv. For plaintiff prayed to issue fresh writ of summons to deft. on office address of deft. mentioned in the title clause of the plaint.  O. - Issue fresh writ of summons to deft. on the office address mentioned in the title clause of the plaint.
    The matter is adjd for affidavit of service to 14.01.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: None present.
    In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for affidavit of service to 23.02.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: None present.
    The matter is adjd for filing service affidavit to 29.03.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: None present.
    The matter is adjd for affidavit of service to 05.05.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: None present.
    The matter is adjd for filing service affidavit to 11.07.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: None present.
    The matter is adjd for filing service affidavit to 06.08.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: None present.
    The matter is adjd for filing service affidavit to 14.09.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: None present.
    Plaintiff and its counsel are absent since long.  It appears that plaintiff is not interested in prosecuting the suit.  Hence, suit be kept for dismissal order.
    The matter is adjd for dismissal order to 28.09.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: The Court is Vacant
    Hence, Matter is adjourned.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-01-2023
    
    Date: 02-01-2023
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: The court is vacant. Hence, matter is ajd.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: Court is vacant. Hence adjd. to
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-07-2023
    
    Date: 18-07-2023
    Business: HDFC Bank Ltd. Vs Parag Jaywant Desai
    All called, but absent
    Parties to take steps. Else, put for necessary order.
    Adjourned to 19.08.2023 for dismissal
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: HDFC Bank Ltd. Vs Parag Jaywant Desai
    All called, but absent.
    Parties to take steps. Else, put for dismissal order.
    Matter adjourned to 02.09.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: HDFC Bank Ltd. Vs Parag Jaywant Desai
    All called, but absent.
    Suit is filed on 30.01.2020 as Summary Suit No. 270 / 2020 for recovery of Rs.9,09,256.70/- with interest @ of 2.95 percent  per month.
    Thereafter, Suit got renumbered as Commercial Suit No. 100503 / 2021.
    Till date, plaintiff has failed to secure  presence of defendant.
    Roznama shows that, plaintiff is regularly remaining absent.
    Vide Order Dt. 14.09.2022, 18.07.2023 and  Dt. 19.08.2023, the plaintiff was directed to take steps.
    
    Sufficient time and opportunity were available to the plaintiff for taking steps. Despite that, plaintiff failed to take steps.
    It appears that, plaintiff is not interested in trial and hence, is not taking any steps. It is also not his case that, the dispute is subjudice before the Honorable appellate Court  and hence he is not taking any steps.
    No reason is forthcoming for absence and inactivity of plaintiff. Therefore, no purpose would be served by keeping the Suit  pending for indefinite period. Hence, following order is passed.
    Order
    1.Commercial Suit No. 100503 / 2021, HDFC Bank Ltd. Vs Parag Jaywant Desai is dismissed for want of prosecution.
    2. Order dictated and pronounced in open Court at 16.30 Hrs.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 02-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101398/2020
    Filing Date: 30-01-2020
    First Hearing Date: 30th April 2020
    Decision Date: 02nd September 2023
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Sept 2023

    Order Details: Other Pdf Text: 02.09.2023 Coram : HHJ Shri V. S. Hingne, Additional Judge, (Court Room No.31) Sr. No.3 Commercial Suit No. 100503/2021 HDFC Bank Ltd. Vs Parag Jaywant Desai All called, but absent. Suit is filed on 30.01.2020 as Summary Suit No. 270 / 2020 for recovery of Rs.9,09,256.70/- with interest @ of 2.95 % per month. Thereafter, Suit got renumbered as Commercial Suit No. 100503 / 2021. Till date, plaintiff has failed to secure presence of defendant.…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.