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Commercial Suit

Housing Development Finance corporation LimitedVsMr. Kalpesh Patel +2 more

CNR MHCC01001431202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 16th April 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100400/2020
Registration Date
18 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-03-2020
    Business: Advocate for plaintiff is present and tendered service affidavit.
    Advocate for defendant is present.
    Plaint – Exh.1
    Vak. -Exh. 2
    Memoradum of address- Exh. 3
    List of docs. -Exh.4
    Service of affidavit -Exh.5
    Adv. Aggam Doshi filed vak. for deft nos. 1 & 2 . Taken on record and marked as Exh.6.
    Summons are duly served on the defendants.
    Adv. for deft requested for  short time for filing written statement.
    Adjourned for written statement to 9.4.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-07-2020
    
    Date: 10-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Business: National Lockdown
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: Adv. Sayali Dolas for plaintiff present.
    None for defendant.
    In view of V.P. vide exh. 6, both defts appeared through Mrs. Lodha and associates.
    Defts no. 1 and 2 appeared through adv. Lodha vide Exh. 6 . Defts to submit WS positively on next date.
    Matter is adjd.to 20-01-2021 for WS.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Adv. Sayali Dolas for plaintiff present.
    Adv. Saurabhi Wapnis for defendant present.
    Exh. 7 - written statement submitted by defendants no. 1
    and 2, copy served to plaintiff.
    Both side to submit draft issues and schedule of case
    management.
    Matter is adjd.to 18-02-2021 for draft issues.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv Mr. Hemant Prabhulkar for plaintiff, submitted draft issues.
    Adv. Ms. Simran Gulabanu for deft nos. 1 and 2, prayed for time to file documents.
    Exh.8- Admission and denial submitted by plff., copy served to deft.
    Exh.9- Issues framed.
    Matter is adjd.to 23.02.2021 for List of witness.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Adv. Ms. Sayli Dolas for plaintiff,
    Adv. A. Doshi for defendant present.
    Both side advs. prayed for adjd. to verify documents of other side.
    Adjournment is granted r/o. 09.03.2021.
    Plff to submit evidence affidavit.  Both side to submit list of witness and case management/ schedule of hearing.
    Matter is adjd.to 09.03.2021 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Adv. Hemant Prabhulkar for plaintiff present and tendered list of witness.  Tor and marked at Exh. 10.
    Adv. Sauravi Vagnis for defendant present and submitted draft NM along with affidavit.  Leave is granted for registration.  Copy served to other side.
    Matter is adjd. to 16.03.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Adv. Ms. Sayli Dolas for plaintiff, prayed for short adjd. as reply is sent for approval for plff.
    Adv.Ms.Sauravi Vagnis for defendant, submitted registered NM no. 740/21, copy is already served to plff.
    Matter is adjd.to 06.04.2021 for NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: Adv. Sayli Dolas for Plaintiff, submitted reply on NM 740/21, It is submitted that copy of reply is already served to Defendant by email.
    None for Defendant.
    Matter is adjd.to 22.04.2021 NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: Both parties and their advocates are absent when called out.
    Matter is adjd.to 15-07-2021 for  Reply.
    Next Purpose: REPLY
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv. Sayali Dolas for plaintiff present.
    None for defendants
    The plaintiff has filed reply to NM . Hence, NM is kept for argument.
    Matter is adjd.to 26-08-2021 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Adv. Mr. Hemant Prabhulkar for plaintiff.
    Adv. Saurabhi Vaknis for defendant present and filed affidavit in rejoinder on behalf of defendant no.1.  T.O.R. and marked as Exh.11.
    K.B.
    L.O. at 3.15 p.m.
    Adv Yogesh Bhoge I/b Jurisperitus Mumbai for plaintiff present.
    Heard both the sides on NM No.740/2021.
    Adjd.to 30/08/2021 order on NM No.740/2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Adv. Sourabhi Waknis a/w Adv. Sayali Dolas for plaintiff present.
    None for defendant
    Matter is adjd.to 02-09-2021 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: Adv. Hemant Prabulkar for plaintiff present.
    Adv. Saurbhi Vapnis for defendant present.
    Heard argument.
    F.R.S.R. following order is passed -
    1. NM No. 740/21 is made absolute in terms of prayer
    clause (a) and (b).
    2. The Plaintiff is directed to carry out amendment in the
    plaint on or before the next date of hearing.
    3. NM No. 740/21 is disposed off accordingly.
    Matter is adjd.to 29-09-2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv. Sayalee Dolas for plaintiff present.
    Adv. Sourabhi Waknis for defendants present.
    Adv. for plaintiff is directed to issue writ of summons to added defendant no. 3.
    Matter is adjd.to 10-11-2021 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Adv. Hemant Prabhulkar for plaintiff present and  filed affidavit of service with original writ of summons  t.o.r. and marked as Exh. 12
    Adv. Aagam Doshi for defendant No. 1 and 2 present.
    Adv. Harit Lalchani for defendant no. 3 present and submitted that he received copies of the plaint and documents on 29-10-2021 and he is going to file vakalatnama.
    Matter is adjd.to 03-12-2021 for filing vakalatnama  and
    written statement by deft. no. 3
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: None for plaintiff.
    Adv. Sourabhi Waknis  for defendant no. 1 & 2
    Adv. Kruti Kalyani for defendant no. 3 present and filed vakalatnama t.o.r. and marked as Exh. 13
    She also filed written statement of defendant no. 3 t.o.r. and
    marked as Exh.14
    Defendant no. 3 is directed to file statement
    Defendant no. 3 is directed to file statement of truth in
    support of written statement and both sides are directed to
    file affidavit of admission and denial of documents on the
    next date of hearing.
    Matter is adjd.to  06-01-2022 for filing  statement of
    truth by deft no. 3 and admission/denial by defts &
    plaintiff.
    LO
    Adv. Sayali Dolas for plaintiff present.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: None for plaintiff.
    Adv.  Sourabhi Waknis for defendants No. 1 and 2 present.
    None for defendant no. 3.
    Matter is adjd.to 25-01-2022 for statement of truth by
    deft. no. 3 and admission /denial by both sides.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: Adv. Sayalee Dolas for plaintiff present.
    None for defendants no. 1 to 3.
    Matter is adjd.to 10-02-2022 for filing  statement of truth
    by deft no. 3 and admission/denial by both sides.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: Adv. Yogesh Bhoge for plaintiff present and filed statement of admission and denial of document in respect of documents of defendant no. 3 with supporting affidavit t.o.r. and marked as Exh. 15
    Adv. for  defendant received  copy of Exh. 15.
    Adv. Saurabhi Waknis  for defendants no. 1 and 2 present and tendered draft C/S with supporting affidavit t.o.r.
    O- Schedule of amendment is not annexed with Chamber Summons. Prayer for filing “Additional Written Statement” is made. Learned counsel to point out relevant provision       enabling filing of additional written statement.
    Matter is adjd.to 05-03-2022 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: Adv. Sayalee Dolas for plaintiff present.
    Adv. Sourabhi Waknis for defendants no.1 and 2  present.
    Adv. Kirti Kalyani for defendant no. 3 present and filed statement of truth in support of written statement Exh. 14 t.o.r. and marked as Exh.16 .
    Adv. Kirti Kalyani filed application for stay of the suit t.o.r. and marked as Exh.17
    Heard Ld. Adv.   Sourabhi Waknis on the point of registration of C/S.
    Adv. Sayalee Dolas and Adv. Sourabhi Waknis received copy of Exh. 17.
    Matter is adjd.to 22-03-2022 for Order on draft C/S and
    say on Exh. 17.
    Next Purpose: ORDER
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Adv. Sayali Dolas for plaintiff present.
    Adv. Sourabhi Waknis for defendants no. 1 and 2 present and filed  additional written statement t.o.r.
    Leave is granted to register draft C/S filed on 10-02-2022.
    Adv. Kriti Kalyani for defendant no. 3 present and received copy of  additional written statement
    Adv. Sayali Dolas for plaintiff received copy of  additional written statement.
    Matter is adjd.to 04-04-2022 for registered C/S and
    reply. (2.45pm)
    Next Purpose: REPLY
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Adv. Sayali Dolas for plaintiff present
    Adv. Sourabhi Waknis for defendants no. 1 and 2 present  and filed original registered C/S No. 458/22 with supporting affidavit t.o.r.
    Adv. Kirti Kalyani for defendant  no. 3 present.
    Matter is adjd.to 18-04-2022 for C/S Reply and reply on
    Exh. 17. (2.45pm)
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Adv. Saylee Dolas  for plaintiff present.
    Adv. Saurabhi Waknis for defendants no. 1 and 2 present.
    Adv. Salonee Kulkarni for defendant no. 3 present.
    Matter is adjd.to  02-05-2022 for C/S Reply 11.00 am
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: CORAM: H.H.J. SHRI. R. R. BHAGWAT (C.R.NO.31)
    Adv. Ms. Saylee Dolas for plaintiff present and filed affidavit in reply in ch/s.
    Adv. Ms. Saurabhi Waknis for defendants nos. 1 and 2 present and filed written submission on application Exh.17. T.O.R. and marked as Exh.17-A.
    Adv. Ms. Kriti Kalyani i/b Shardul Amarchand Mangaldas & Co. for defendant no.3 present and received copies of affidavit in reply and Exh.17A.
    Adv. Saylee Dolas received copy of Exh.17A.
    Adv. Saurabhi Waknis received copy of affidavit in reply.
    Adv. Ms. Kriti Kalyani submitted that she does not want to file reply to Exh.17.
    Matter is adjd.to 23/06/2022 for ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: Adv. Sayalee Dolas for plaintiff present.
    Adv. Sourabhi Waknis and Adv. Simran Gulbani for defendant no. 1 and 2 present.
    Adv. Kriti Kalyani for defendant No. 3 present.
    Heard arguments of Sourabhi Waknis for deft NO. 1 and 2, adv. Sayalee Dolas for plaintiff and adv. Ms. Kalyani for deft No.3
    Adjd for Chamber summons order and hearing to Exh.17 to 05/07/2022
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Adv. Rudra Deosthali for defendant NO. 3 present.
    Adv. Sourabhi Waknis for defendant No. 1 and 2 present.
    FRSR the following order is passed in Chamber summons No. 458/2022
    ORDER
    1. The Chamber Summons No. 458 of 2022 is allowed.
    2. The defendant nos. 1 and 2 are permitted to file additional written statement.
    3. The proceeding of Chamber Summons No. 458 of 2022 is closed.
    Adjd for hearing to 27/07/2022
    Next Purpose: HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Adv. Yogesh Bhoge for plaintiff present.
    Additional
    written statement taken on record. O- Read and recorded. Marked as Exh.18
    Adjd for framing issues to 22/08/2022
    L. O at 3.00 pm
    Adv. Saourabhi Waknis for defendant no. 1 and 2 present.
    Adv. Rudra Deosthali for defendant No. 3 present.
    Adv. for defendants submitted that hearing on Exh.17 is still pending.
    Hence adjourned for hearing on Exh.17 to 22/08/2022
    Next Purpose: HEARING
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv. Ms. Sourabhi Waknis for defendant No. 1 and 2 present.
    Adv. Ms. Kalyani for defendant no.3 present.
    Adv. Yogesh Bhoge for plaintiff present.
    Heard arguments of adv. Ms. Kalyani for deft No.3, Adv. Waknis for dft No. 1 and 2 and adv. Bhoge for plaintiff on Exh.17
    Adjd for order on Exh.17 to 26/08/2022
    Next Purpose: ORDER
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Adv. Sourabhi Waknis for defendant No.  1 and 2 present.
    Adv. Rasika Dikshit for plaintiff present.
    Adv. Kriti Kalyani for deft No. 3 present.
    Court is busy in passing order in other suit. Hence adjourned.
    Adjd for orders to 12/09/2022
    Next Purpose: ORDER
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Court is on leave
    Next Purpose: ORDER
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Adv. Sourabhi Waknis i/b Lodha and Lodha Associates for defendant No. 1 and 2 present.
    Adv. Rudra Deosthali for defendant No. 3 present.
    Adv. Rasika Dikshit for plaintiff present.
    Adjd for orders to 11/10/2022
    Next Purpose: ORDER
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Adv. Sourabhi Waknis for defendant No. 1 and 2 present.
    Adv. Rasika Dikshit for plaintiff present.
    Adv. Rudra Deosthali for defendant No. 3 present.
    Court is busy In passing orders in other suits hence adjourned.
    Adjd for orders to 17/10/2022
    Next Purpose: ORDER
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: None present when called.
    Court is busy in passing order in other suit hence adjourned.
    Adjd for order on Exh.17 to 03/11/2022
    Next Purpose: ORDER
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: Adv. Rasika Dikshit for plaintiff present.
    Adv. Sourabhi Waknis for defendant No. 1 and 2 present.
    Adv. Kriti Kalyani for defendant no. 3 present.
    Court is busy in passing orders in other suits hence adjourned.
    Adjd for order to 14/11/2022
    Next Purpose: ORDER
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: Adv. Sachin joshi for defendant No. 3 present.
    Adv. Sourabhi Waknis for defendant No. 1 and 2 present.
    Adv. Rasika Dikshit for plaintiff present.
    Court busy in passing order in other suit hence adjourned.
    Adjd for orders on Exh.17 to 22/11/2022
    Next Purpose: ORDER
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Adv. Rasika Dikshit for plaintiff present.
    Adv. Sourabhi Waknis for defendant No. 1 and 2 present.
    Court is busy in Judgment of Commercial Summary Suit No.296 of 2022
    Adjd. to 28.11.2022 for order.
    Next Purpose: ORDER
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: Adv. Ankita Raikar for plaintiff present.
    Adv. Dipsy Sequeira for defendant No. 1 and 2 present.
    Court is busy in passing order in other suit hence adjourned
    Adjd for order on Exh.17 to 10/12/2022
    Next Purpose: ORDER
    Next Hearing Date: 10-12-2022
    
    Date: 10-12-2022
    Business: Adv. Rasika Dixit for plaintiff present.
    Adv. Dipsy Sequeira along with adv. Karishma More for defendant  no. 1 and 2 present.
                 Order passed on Exh. 17
    1. The application at Exh. 17 is allowed.
    2. Commercial Suit No. 400 of 2020 is stayed against all the defendants till completion of CIRP proceeding.
    3. Accordingly, application is disposed off.
    Adjd as suit stayed against all defendants to 30/01/2023
    Next Purpose: SUIT STAYED
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: P.O. is on leave.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: court on leave
    Next Purpose: SUIT STAYED
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: Adv. Rasika Dixit for plaintiff present.
    Adv. Shraddha Jadhav h/f Doshi for defendant present.
    As suit is stayed matter is adjourned.
    Case is adjourned to 02.05.2023 for suit stayed.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: Adv. Rasika Dixit for plaintiff is present.
    Adv. Priyanka Dadape for defendant no.1 and 2 is present.
    Case is adjourned for stayed to 30-06-2023.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: Housing Development Finance Corporation Limited Vs Mr. Kalpesh Patel
    Adv. Yogesh Bhoge present for plaintiff.
    Adv. Sharddha Jadhav present for defendant No. 1and 2.
    Exh.02-Reply filed by defendant in Review Petition No. 9/2023.
    Matter adjourned to 25.09.2023 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: Adv. Yogesh Bhoge present for plaintiff.
    Defendant side called, but absent.
    As Court is on leave, matter adjourned.
    Matter adjourned to 09.11.2023 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: HDFC V/s Kalpesh Patel
    Adv. Rasika Dixit present for plaintiff.
    Adv. Shraddha Jadhav present for defendant.
    Case adjourned to 12.02.2024 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: PO is on leave.
    Housing Development V/s Kalpesh Patel
    Adv. Santhwarkar present for plaintiff.
    Adv. Priyanka Dadape present for defendant No.1 and 2.
    Suit adjourned to22.03.2024 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-03-2024
    
    Date: 22-03-2024
    Business: Housing Development Vs Kalpesh Patel
    Adv. Sanath Warkar present for plaintiff.
    Defendant side called, but absent.
    On request of plaintiff suit is kept back.
    Later on at 12.28 Hrs.
    Adv. Sanath Warkar present for plaintiff.
    Adv. Shraddha Jadhav present for defendant.
    Exh.20 - Draft Chamber Summons filed by plaintiff.
    Exh.21 - Affidavit in support of Chamber Summons.
    Order - Leave is granted to register chamber summons.
    Parties to complete pleadings and to supply documents to each other. Parties shall argue pending applications, by next date, without fail. Else, put for necessary Order.
    Suit adjourned to 27.06.2024 arguments / Chamber Summons.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-06-2024
    
    Date: 27-06-2024
    Business: Housing Development Vs Mr. Kalpesh Patel
    Adv. Aishwarya Gairola present for plaintiff.
    Adv. Sarthak Jadhav present for defendant no.1 and 2.
    
    Plaintiff filed registered Chamber Summons No. 101144 / 2024.
    Suit is kept back.
    Later on at 12.53 Hrs.
    Plaintiff side called, but absent.
    Adv. Shraddha Jadhav present for defendant no.1 and 2.
    Plaintiff has preferred Chamber Summons No. 1144 / 2024 for amendment regarding change of name from Housing Development Finance Corporation Limited to HDFC Bank Limited.
    Defendant no.1 and 2 has filed overleaf reply giving no objection to Chamber Summons.
    Defendant no.3 Lavasa Corpration is called but absent.
    Considering the technical nature of amendment sought, the Chamber Summons is allowed as follows-
    ORDER
        1. Chamber Summons No. 101144 / 2024 is allowed in terms of prayer clause (a).
    
        2. Within 15 days from the date of this Order, plaintiff shall carry out necessary amendment, shall file copy of amended Plaint and shall supply the copy of amended Plaint to defendant.
    
        3. Proceeding of Chamber Summons No. 101144 of 2024 is closed.
        4. Order dictated and pronounced in open Court.
    
        5. Parties to note that, they are having right to challenge this Order.
        6. Record of Chamber Summons shall be part and parcel of Commercial Suit No. 100400 / 2020.
    Suit adjourned to 11.07.2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-07-2024
    
    Date: 11-07-2024
    Business: P.O. is on leave.
    Adv. Aishwarya Gairola present for plaintiff.
    Adv. Priyanka Dadpe present for defendant no.1 and no.2.
    
    Suit adjourned to 23.08.2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-08-2024
    
    Date: 23-08-2024
    Business: Housing Development Vs Mr. Kalpesh Patel
    Adv. Yogesh Bhoge present for plaintiff.
    Adv. Priyanka Dadpe present for defendant no.1 and no.2.
    Defendant no.3 called, but absent.
    Parties to take steps as per previous roznama.
    Suit adjourned to 19.11.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-11-2024
    
    Date: 19-11-2024
    Business: Housing Development Finance Vs Mr. Kalpesh Patel
    Adv. Aishwarya Gairola present for plaintiff.
    Adv. Priyanka Dadpe present for defendant no.1 and no.2
    Plaintiff submitted that, Suit be kept back as plaintiff wants to withdraw the Suit.
    Suit is kept back for withdrawal.
    Later on at 13.58 Hrs.
    Adv. Aishwarya Gairola present for plaintiff.
    Plaintiff representative Sushant Malkhan present.
    Adv. Priyanka Dadpe present for defendant no.1 and no.2
    Exh.22- Application filed by plaintiff for withdrawal of Suit.
    Plaintiff submitted that, they want entire refund of Court fees.
    Matter referred to lok-adalat.
    Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
    Suit adjourned to 14.12.2024 for Lok-adalat.
                                                                                  Judge
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-12-2024
    
    Date: 14-12-2024
    Business: Matter pertaining to C.R. No.31
    None present for plaintiff.
    None present for defendant
    Matter adjourned to 23.01.2025.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-01-2025
    
    Date: 23-01-2025
    Business: Housing Development Finance Vs Mr. Kalpesh Patel
    Adv. Dhrumil Shah present for plaintiff.
    Adv. Eshika Chandan present for defendant No. 1 & No. 2.
    Perused Exh. 22. Said application is filed by plaintiff for withdrawal of the Suit.
    Plaintiff is called, but absent.
    Suit is placed before Lok-adalat.
    Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
    Suit adjourned to 22.03.2025 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 22-03-2025
    
    Date: 22-03-2025
    Business: Matter pertains to C. R. No. 31.
    Adv Dhrumil Shah for plaintiff present.
    Matter stands Adj on 16/04/2025.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 16-04-2025
    
    Date: 16-04-2025
    Business: Adv. Dhrumil Shah for plaintiff present.
    Authorized officer of plaintiff - Sushant Mankame is present.
    Adv. Priyanka Dadpe for defendants No.1 and 2 present.
    Order below Exh.1 and 22.
    Perused application. Heard the Ld Advocate for the plaintiff and defendants.
    The authorized officer Sushant Mankame appeared before this court. He made a statement that at the time of filing chamber summons he filed authorization along with board resolution, which I perused.
        He made a statement that the plaintiff bank wants unconditional   withdrawal of the suit against the defendants. He further made a statement that the affidavit is filed in support of withdrawal application.
          Hence, following order:
       i.   The suit stands disposed off as withdrawn under Order 23 Rule
            1(1) of CPC.
       ii.   All interim applications, if any also stand disposed as
             infructuous.
       iii.  Refund of Court fee, if any, as per rule.
       iv. Order dictated and pronounced in open court.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 16-04-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 101505/2020
    Filing Date: 03-02-2020
    First Hearing Date: 18th March 2020
    Decision Date: 16th April 2025
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    5
    Final Order 3
    16 Apr 2025
    Order Details: Order below exhibit
    Pdf Text: 16.04.2025
    44
    Court Room No.31 - Commercial Court, Mumbai
    Coram : Shri S. B. Bhansali, District and Additional Sessions
    Judge
    Com Suit
    400/2020
    Adv. Dhrumil Shah for plaintiff present.
    Authorized officer of plaintiff - Sushant Mankame is present.
    Adv. Priyanka Dadpe for defendants No.1 and 2 present.
    Order below Exh.1 and 22.
    Perused application. Heard the Ld Advocate for the plaintiff and
    defendants.
    The authorized officer Sushant Mankame appeared before this court.
    He made a statement that at the time of filing chamber summons he
    filed authorization along with board resolution, which I perused.
    He made a statement that the plaintiff bank wants unconditional
    withdrawal of the suit against the defendants. He further made a
    statement that the affidavit is filed in support of withdrawal
    application.
    Hence, following order:
    i. The suit stands disposed off as withdrawn under Order 23 Rule
    1(1) of CPC.
    ii. All interim applications, if any also stand disposed as
    infructuous.
    iii. Refund of Court fee, if any, as per rule.
    iv. Order dictated and pronounced in open court.
    Judge
    -- 1 of 1 --
    Interim Order 2Full order available
    10 Dec 2022

    Order Details: Order below exhibit Pdf Text: 1 OBE 17 in Comm. Suit 400/2020 ORDER BELOW EXHIBIT 17 IN COMMERCIAL SUIT NO. 400 of 2020 Housing Development Finance Corporation Limited ...Plaintiff Versus Mr. Kalpesh Patel & Ors. ….Defendants Appearance: Adv. Ms. Kriti Kalyani for Defendant No. 3. Adv. Ms. Saurabhi Waknis I/b. Lodha & Lodha Associates for Defendant Nos. 1 and 2. Adv. Mr. Yogesh Bhoge along with Adv. Saylee Dolas for Plaintiff. CORAM : SHRI. A.S.SALGAR ADHOC JUDGE, (C.R.NO.31)…

    Read Full Order
    Interim Order 1Full order available
    02 Sept 2021

    Order Details: Notice of Motion Pdf Text: N/m No. 740/21 in Comm. Suit No. 400/2020. 1 Order. MHCC010023682021 Presented on : 10-03-2021 Registered on : 10-03-2021 Decided on : 02-09-2021 Duration : 0 years, 5 months, 23 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 740 OF 2021 IN COMMERCIAL SUIT NO. 400 OF 2020 Mr. Kalpesh Patel ...Applicant / Orig.Def.No. 1 In the matter between Housing Development Finance Corporation Limited ...Plaintiff Versus Mr. Kalpesh…

    Read Full Order
    Order 2Full order available
    10 Dec 2022

    Order Details: Order below exhibit Pdf Text: 1 OBE 17 in Comm. Suit 400/2020 ORDER BELOW EXHIBIT 17 IN COMMERCIAL SUIT NO. 400 of 2020 Housing Development Finance Corporation Limited ...Plaintiff Versus Mr. Kalpesh Patel & Ors. ….Defendants Appearance: Adv. Ms. Kriti Kalyani for Defendant No. 3. Adv. Ms. Saurabhi Waknis I/b. Lodha & Lodha Associates for Defendant Nos. 1 and 2. Adv. Mr. Yogesh Bhoge along with Adv. Saylee Dolas for Plaintiff. CORAM : SHRI. A.S.SALGAR ADHOC JUDGE, (C.R.NO.31)…

    Read Full Order
    Order 1Full order available
    02 Sept 2021

    Order Details: Notice of Motion Pdf Text: N/m No. 740/21 in Comm. Suit No. 400/2020. 1 Order. MHCC010023682021 Presented on : 10-03-2021 Registered on : 10-03-2021 Decided on : 02-09-2021 Duration : 0 years, 5 months, 23 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 740 OF 2021 IN COMMERCIAL SUIT NO. 400 OF 2020 Mr. Kalpesh Patel ...Applicant / Orig.Def.No. 1 In the matter between Housing Development Finance Corporation Limited ...Plaintiff Versus Mr. Kalpesh…

    Read Full Order

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