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Court Order

Final Order 1

CNR MHCC01001720202010 Feb 2020
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 10 Feb 2020 · CNR MHCC010017202020

Order Details: Chamber summons
Pdf Text: IN THE COURT OF :COURT 32 ASST SESSION JUDGE
Case No. :CHAMBER SUMMONS/0100253/2020
Dena Bank now Bank Of Baroda Vs Dinesh Sonaji Kathe
Date : 10-02-2020
Business : Adv.for plaintiff absent. Adv.for defendant absent. In view of
order dated 17.09.2018 advocate for plaintiff filed application
for extension of time for writ of summons. As per the
application time is extended. However, since 17.09.2018 to till
today plaintiff has failed to file service report, failed to take
further steps to secure presence of defendant. Today also
plaintiff and his advocate absent, failed to file affidavit of
service, failed to take steps. Hence, I proceeded to pass
following order. ORDER 1) Suit is dismissed with costs. Judge
LO at 1.00p.m. Adv.A.S.Ramesan for plaintiff present. Heard,
Ld. counsel for plaintiff. Ld. counsel for plaintiff appeared and
submitted application and requested to set aside order pass by
this court. On the ground that he was little bit late and he want
to taken out Chamber summons for necessary amendment. I
have peruse record, present suit is converted in commercial
Suit and there is no knowledge about the new number of
present suit to the plaintiff. Hence, order passed by this court
in the morning session for dismissal is set aside and suit is
restored on his original stage. Advocate for plaintiff tender
draft chamber summon - Leave is granted to register chamber
summons. LO at 3.10p.m. Advocate for plaintiff tender
register chamber summons No. 253/2020. Heard, Ld. counsel
for plaintiff. FRSR - Order below in Chamber summons No.
253/2020 ORDER 1) Chamber summons no. 253/2020 is
allowed. 2) Plaintiff is permitted to amend cause title within 14
days. 3) After amendment plaintiff has directed to file copy of
plaint. 4) Chamber summons no. 253/2020 be disposed of in
above term.
Nature of Disposal : ALLOWED
Disposal Date : 10-02-2020
COURT 32 ASST SESSION JUDGE
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