Date: 13-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Narendra Devansh for plff. Present.
Adv. Devank Parvan for deft. Present.
Adv. For the plff. Field draft S/J @ affidavit in support. Order- Leave granted to registered.
Adv. For the plff. Tendered registered S/J No.29/2020 @ affidavit in support. t.o.r.
Adv. For the plff. Draft Ch/s @ affidavit in support. Order- Order leave granted to registered.
Adv. For the plff. Tendered registered Ch/s No. 290/2020 @ affidavit in support. t.o.r.
ORDER
Heance the Advocate for the plaintiff perused the record.
Issue writ of summons by paper publication as prayed.
Chamber Summons is allowed.
Chamber Summons No. 290/2020 is disposed off. (uncontested)
Matter is adjd to 24.02.2020 for service and reply.
Next Purpose: SERVICE
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Narendra Devanshi for plff. Present.
Adv. Srinath for deft. no. 3 present.
Adv. For the deft. Tendered affidavit reply S/J no. 29/2020. Order- Seen and filed.
Adv. For the plff. Filed Affidavit service of S/J.
Adv. For the plff. Filed application for seeking extension of time.
Order- Granted extension as prayed.
Matter is adjd to 27.04.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPORT
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: Due to Covid-19 Pandemic none appeared.
Next Purpose: REPORT
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Court is on Leave.
Matter is adjd to 22.03.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Abhishek Bhaduri for the plff present.
Adv. Sriraj Menon for the deft no. 3 present.
Matter is adjd to 06.04.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Ranjeev Carvalho a/w Ritesh Jain for the deft. no. 3Present.
Matter is adjd to 03.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: Due to Covid-19 Pandemic Matter adjd to 03.09.2021 for Report
Next Purpose: REPORT
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Court is Vacant
Next Purpose: REPORT
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Court is Vacant.
Next Purpose: REPORT
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: None for plaintiff.
Adv Dahshit for defendant no. 3 present.
Matter is adjd for report to08.03.2022
Next Purpose: REPORT
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: As PO is on training. Hence, matter adj. to
Next Purpose: REPORT
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv. Ms. Aarti Dharamsey for Plaintiff present.
Adv. Mr. Krishkumar Jain for Defendant No. 3 present.
Adv. For Plaintiff moved an application seeking time to comply the Order of service of summons though paper publication. She submits that due to intervening lockdown and pandemic situation, Plaintiff was unable to comply the Order. Considering the reasons putforth time extended till 18/08/2022 as a last chance.
Next Purpose: SERVICE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: None for Plaintiff.
None for defendant no.1.
Adv. for Defendant no.3 present.
No service affidavit filed regarding substituted service on defendant no.2.
Matter adjourned to 13.10.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Madtara Mulay I/b Adv. Anju Mishra For plaintiff present she filed affidavit of service of summons of defendant no.2. Same is marked as Exh.02.
From the said affidavit it transpire that defendant no.2 is served through English as well as Marathi Newspaper publication dated 10.12.2022.
As the time of 10 days for appearance of defendant no. 2 is lapse/ and as defendant no.2 fails to cause appearance, suit to proceed ex-parte against defendant no.2
Adv. For defendant no.3 present and submits that defendant no.3 passed away recently on 08.12.2022. He seeks time to file death Extract. Time granted.
Plaintiff to take necessary steps.
Adv. Sriraj Menon I/b M/S MJ Juris for defendant no. 3 present.
Matter is adj to 22-03-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Abhishek Bhaduri for plaintiff present.
Adv.Sriraj Menon i/b M/s MJ Juris for defendant No.3 present. He filed pursis for filing of death certificate of defendant No.3 T.O.R marked as Exh-3
Order- Filed. Plaintiff to take proper steps, if required.
Adv. for plaintiff seeks time to take steps to bring LRS of deceased defendant No.3 on record.
Time granted.
Matter is adj to 26/06/2023 for taking steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: Adv. Mr. Abhishek Bhaduri a/w. Adv. Devangi Mehta for plaintiff present.
Adv. Mr.Shubham Hundia i/b. Sriraj Menon for defendant No.3 present.
The counsel for the plaintiff praying for adjournment for taking steps. O- Adjournment granted.
Order below Ex.1
Counsel for the defendant No. 3 has already filed the prusis in respect of death of defendant No. 3 Mr. Pio Cotta alongwithh the copy of his death certificate. The death certificate suggests that defendant No.3 died on 08.12.2022. 90 days has already been elapsed from the date of death of defendant No.3 and even after receiving the information of death on 23.03.2023.
Hence, the suit against defendant no.3 stands abated.
Order below Exh.1
Counsel for the plaintiff submits that despite of service of summons for judgment on defendant No.1, Defendant No.1 failed to file reply to S/J. Record also shows that.
Hence, the Summons for Judgment to proceed without reply of defendant No.1. Suit is already proceed Ex-parte against defendant No.2 and Suit against Defendant no.3 is abated. Hence, fix the matter for hearing on S/J without reply.
Matter is adj to 13.9.2023 for hearing on S/J.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: P.O. IS ON LEAVE
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
As court is busy in dictating order in S.C. No. 616/2020 and M.A. in ABA No. 306/2023 and hearing of arguments and dictating order of CS No.408/2023 in Suit No.8044/01. Hence, matter is adjourned.
Matter is adj to 15-02-2024 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: Adv Madhura Mulay h/f Adv Mishra for plaintiff present.
Matter stands Adj for 13/03/2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
As court is busy in dictating judgment in Suit No. 5335/07, remaining board is discharged. Parties are liberty to file applications and documents, if any.
Matter is adj to 24.04.2024 for hearing on summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Abhishek Bhaduri for plaintiff is present and requested time to file original documents Order - Time is granted as last chance.
None for defendant.
Matter is adj to 10.06.2024 for filing Original documents and Hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-06-2024
Date: 10-06-2024
Business: Court is on half day leave(first session).
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Abhayjeet Khairwar for plaintiff is present and requested for adjournment to file document.
The matter is old. The plaintiff was given last chance to file the original documents. The plaintiff failed to file the original documents. Today also the plaintiff is seeking adjournment to file the documents. Matter is adjourned subject to costs of Rs.500/- to be paid to DLSA within a week. If plaintiff fails to file the documents on the next date, matter will be llisted for dismissal order.
Matter is adj to 30.08.2024 for filing original documents and hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-08-2024
Date: 30-08-2024
Business: P.O. IS ON LEAVE
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: Court is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-12-2024
Date: 18-12-2024
Business: Adv. Abhishek Bhaduri for plaintiff is present and filed photocopies of document along with list Taken on record. It is marked as Exh-4.
Rajeev Vaish representative of Plaintiff Bank present.
The defendant and his counsel are absent.
Matter is adj to 22/01/2025 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
They are given last chance to argue on Summons for judgment.
Matter is adj to 12.02.2025 for hearing on Summons for judgment.
Later on at 1.07 pm
Adv. Abhayjeet Khairwar for plaintiff is present.
Matter is adj to 12.02.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Abhayjeet Khairwar for plaintiff is present.
The defendant and his counsel are absent.
Matter is adj to 11.03.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-03-2025
Date: 11-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
They are given last chance to argue on Summons for judgment.
Matter is adj to 08.04.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-04-2025
Date: 08-04-2025
Business: Court is on half day leave (Ist Session)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-05-2025
Date: 08-05-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
As court is busy in dictating order in SJ No.322/22, 323/22, 650/22, 651/22, 47/23, 118/15, draft NM No.4913/12 and 4914/12, remaining board is discharged. Parties are liberty to file applications and documents, if any.
Matter is adj to 22.07.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-07-2025
Date: 22-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Abhayjeet Khairwar for plaintiff is present.
The defendant and his counsel are absent.
Keep back.
Later on at 1.11 pm
Adv. Abhayjeet Khairwar for plaintiff is present.
The defendant and his counsel are absent.
Heard counsel for plaintiff on Summons for judgment.
Matter is adj to 07.08.2025 for hearing on Summons for judgment by defendant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-08-2025
Date: 07-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Saloni Makhan for plaintiff is present.
The defendant and his counsel are absent.
Keep back.
Later on at 12.39 pm
Both parties and their advocate are absent.
Defendant is given last chance to argue on Summons for judgment
Matter is adj to 29.08.2025 for hearing on Summons for judgment by defendant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-08-2025
Date: 29-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Saloni Makhan for plaintiff is present.
The defendant and his counsel are absent.
Defendant was given last chance to argue on Summons for judgment. Defendant failed to argue. Hence, matter is kept for
Matter is adj to 17.09.2025 for hearing on Summons for judgment by defendant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-09-2025
Date: 17-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Defendant was given last chance to argue on Summons for judgment. Defendant failed to argue on Summons for judgment. Hence, Summons for judgment is kept for order.
Matter is adj to 03.10.2025 for order on Summons for judgment.
Next Purpose: ORDER
Next Hearing Date: 03-10-2025
Date: 03-10-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Matter is fixed for order on Summons for judgment. However, plaintiff to satisfy on the maintainability of suit.
Matter is adj to 18.10.2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-10-2025
Date: 18-10-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Plaintiff is given last chance to argument.
Matter is adj to 14.11.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-11-2025
Date: 14-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Abhayjeet Khairwar for plaintiff is present.
The defendant and his counsel are absent.
Heard advocate for plaintiff on maintainability of suit.
Matter is adj to 27.11.2025 for Order on Summons for judgment.
Next Purpose: ORDER
Next Hearing Date: 27-11-2025
Date: 27-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
FRSR following order is passed on SJ No.29/20
Order
1) Summons for Judgment No. 29/2020 in Summary Suit No. 565/2017 is dismissed.
2) No order as to costs.
3)Summons for Judgment No.29/2020 is disposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 27-11-2025