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SUMMARY CIVIL SUIT - SUMMARY SUIT

Corporation BankVsBhakti Vaibhav Mahashbde and Anr. +1 more

CNR MHCC01001465202081-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
100298/2020
Registration Date
29 Jul 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Corporation Bank

    Respondent

    1. 1Bhakti Vaibhav Mahashbde and Anr.
    2. 2M/s Premier Ltd.

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 22-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 14.12.2020
Next Purpose: REPORT
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: P.O.is on Leave.
Adj to 01.04.2021.
Next Purpose: REPORT
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: None present.
Matter adjd. For report to 17/08/2021.
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: 12-08-2022

Date: 12-08-2022
Business: None for Plaintiff.
Service affidavit is not filed.
Matter adjourned to 04.11.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Adv. for plaintiff present.   She filed affidavit of service (Exh-2).           O-Filed.
From the affidavit it transpires that both the defendants are duly served in August-2021.  Despite due service, defendants failed to cause appearance.  Hence, suit to proceed ex-parte.
Matter is adj to 30/01/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: None for plaintiff.
No ex-parte evidence is filed.
Matter is adj to 03/04/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Adv. Maya Mujumdar for plaintiff present. She requests for time.
Defendant exparte.
Matter is adj to 26.06.2033-for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: Adv. Ms. Mansi Pawaskar h/f. Adv. Ms. Maya Mujumdar for plaintiff present. No representative of plaintiff is present. Ld. Advocate for plaintiff requested for adjournment. O-  Adjournment granted.
Matter is adj to 13.9.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: P.O. IS ON LEAVE
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his advocate are absent.
Plaintiff failed to lead evidence and to file original documents.
Matter is adj to 02.12.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Court is busy in recording evidence in departmental enquiry No.150/23. Hence, remaining  morning and afternoon board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 06-01-2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Maya Mujumdar for plaintiff is present and and filed an application for removal of caption dismissal. It is marked as Exh-3. O-Allowed. Caption of dismissal is removed.
Application filed by the counsel for plaintiff  under Order-2, Rule-2 of CPC. It is marked as Exh-4.
Order below Exh-4
Perused the application. Heard the counsel for the plaintiff. According to her, defendant No.2 is a guarantor and it is under corporate insolvency resolution process under IBC and moratorium u/s 14 of the court is running after the company and therefore, the plaintiff does not want to proceed against defendant No.2 and wants to withdraw the suit with the prayer of granting leave under Order-2, Rule-2 of the CPC.
Application (Exh-4) is allowed. The suit sands withdrawn against defendant No. 2 and leave  under Order-2, Rule-2 of CPC to seek the reliefs is granted, subject to the law of limitation.
Matter is adj to 24.01.2024 for filing original documents and  ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ms. Maya Mujumdar for plaintiff is present and requested for short adjmt to file exparte-evidence.
Matter is adjd as a last chance to file ex-parte evidence.

Matter is adj to 28/02/2024 for filing original documents and          Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Court is on Leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 19.06.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-06-2024

Date: 19-06-2024
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 requested for adjournment. Adjournment is granted as a last chance.
Matter is adj to 24.07.2024 for hearing on admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Akanksha Shukla h/f Maya Majumdar for plaintiff is present and requested for adjournment. Adjournment is granted as a last chance.
Matter is adj to 23/08/2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 21.10.2024 for hearing on admission and denial of document.
Later on at 1.07 pm
Adv. Akanksha Shukla h/f Adv. Maya Majumdar  for plaintiff is present and submitted that matter is settled. Hence, matter be kept in Lokadalat.
Matter is adj to 28.09.2024  for lokadalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: Matter pertaining to C.R. No.81
Plaintiff side called, but absent.
Defendant side called, but absent.
Suit adjourned to 19.11.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 19-11-2024

Date: 19-11-2024
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.
Adv. Vinay Taliwal for official Liquidator/defendant is present.
Remaining Board from Sr. No.61 is discharged, as court is busy in dictating orders and hearing other urgent matters. Parties have liberty to file reply, application and affidavit, if any.
Matter is adj to 29.01.2025 for hearing on admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
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 an application for taking case on todays board. Taken on record. It is marked as Exh-8. O-Allowed.
Counsel for plaintiff also filed pursis for withdrawal of suit along with authority letter and copy of Aadhar card. Taken on record. It is marked as Exh-9.
Order below Exh-1
The counsel for plaintiff has filed pursis below Exh-9 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-9, the suit No. 298 of 2020 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: 101606/2020
Filing Date: 04-02-2020
First Hearing Date: 22nd September 2020
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.- 45
SUM
298/20
Exh-8
Exh-9
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 an
application for taking case on today’s board. Taken on
record. It is marked as Exh-8. O-Allowed.
Counsel for plaintiff also filed pursis for withdrawal of suit
along with authority letter and copy of Aadhar card. Taken
on record. It is marked as Exh-9.
Order below Exh-1
The counsel for plaintiff has filed pursis below Exh-9
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-9, the suit No.
298 of 2020 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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