Deutsche Bank, A. G.VsMeridian Constructions +1 more

Date: 04-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.18 p.m.
None present.
KB
LO at 3.34 p.m.
Plaint
Vakalatnama
Memorandum of registered address
List of documents.
                                    Order below Exh.1
                         Issue suit summons to the defendants.
Matter adjd to 31.01.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Adv. Arati Dharamsay present for plaintiff.
None  present for defendant.
LO.at 2.00 pm
Adv. Abhishek Bhaduri for plff. present.  He tendered affidavit of service alongwith original summons  and  alongwith R.P.A.D packets t.o.r. marked as Exh.5 (colly).
The plff. tender application Exh.6 for substituted service  on defendants. t.or. marked Exh.6
Order
Issued fresh writ of summon on def. no.1 and 2 through bailiff.
adjd. to 28/2/2022 for service affidavit in respect of def. no.1 and 2.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv. Abhishek Bhaduri present for plaintiff.
None present for defendant.
the plaintiff tendered application for extension of time for service of suit summons.  t.o.r. and marked as Exh.7.
O-  Time is extended for service of suit summons.
Matter adjd to 25.03.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Court  on Leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Adv.Aarti Dharamsey i/b.Goenka Law Associates for plaintiff present.
None present for defendant.
Matter adjd to 20.06.2022 for service affidavit/steps.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv Aarti Dharamsey present for plff.
None present for deft.
Adv of plff filed service affidavit along with Bailiff report. at ex.08. t.o.r.
Deft No.1, 2 not served with suit summons.
Adv of plff seeks time for steps against deft.
Adj. To 18/07/2022 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Pranil Pawar Present for Plff.
None Present for Deft.
Adv of plff seeks time to for steps. Granted.
Adj. For Steps on 01/08/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: Adv. Pranil Pawar I/b Goenka Law Associates Present for Plff.
None Present for Deft.
Adv of plff seeks time to take steps against deft. Granted.
Adj. For Steps against deft on 20/08/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: Adv. Abhishek Bhaduri I/b Goenka Law Associates Present for Plff.
None Present for Deft.
Adv of plff seeks time for taking steps. Granted.
Adj. For Steps on 13/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: None present.
Adj. For Steps on 07/10/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Adv. Pranil Pawar Present for Plff.
None Present for Deft.
Adv of plff contended that Plff bank has assigned loan of defts to the Kotak Bank and therefore plff want to amend this suit and seeks time for taking steps.
KB LO 1.30 pm.
Adv of plff filed draft CS along with affidavit for amendment in plaint. Leave granted to register CS.
Plff want to replace the name of Plff by inserting name of Kotak Mahiendra Bank and for necessary amendment.
As per the affidavit of Deputy manager of Kotak Mahiendra Bank namely Ajay Nirmal the loan accounts pertaining to defts assigned to the Kotak Mahiendra Bank by the plff bank as per agreement dt. 24/03/2022. The copy of agreement annexed with affidavit at page no.22 to 45. Yet defts are not served with suit summons, therefore notice of this CS dispensed with.  Due to aforesaid amendment the nature of suit will not change. The proposed amendment is nascent stage. Hence Draft CS is allowed. Plff shall carry out amendment till next date. Chamber summons be registered for statistical purposes.
Adj. For Carrying out amendment, amended plaint and issuing fresh suit summons after amendment on 19/10/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Adv. Pranil Pawar I/b Goneka Law Associates Present for Plff.
None Present for Deft.
Today adv of plff carried out amendment as per order dt. 07/10/2022. Hence issue fresh writ of summons to deft.
Adj. For Service affidavit on 24/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: Adv. Abhishek Bhadwri a/w Adv. Madhura Mulay I/b Gonenka Law Associates Present for Plff.
None Present for Deft.
Adv of plff seeks time for filing CS to serve writ of summons by way of substitute service. Adj. Granted.
Adj. For Steps on 01/12/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv. Abhishek Bhaduri for plaintiff present.
None present for defendant.
Advocate of plaintiff filed draft Ch/s. for substitute service of suit summons on defendant by way of newspaper publication.
Record shows that previously suit summons were sent to the defendants by RPAD but it returned unserved as defendants have left the address.
Thus, it is desirable to issue suit summons by way of newspaper publication. Hence, draft ch/s. allowed as under.
Suit summons be issued to defendants by way of publication in newspaper as prayed.
Draft Ch/s.be registered for statistical purpose.
Case adjourned for service affidavit to 7.1.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: Adv. Abhishek Bhaduri I/b Goenka Law Associates Present for Plff.
None Present for Deft.
Adv of plff seeks extension of time to serve suit summons by way of publication in newspaper. Granted.
Adj. For Service affidavit on 14/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: Adv Madhura Mulay I/b Goenka Law associate for plaintiff is present.
None for defendant.
KB L.O. at 12.36 pm
Exh.09 - Adv for plaintiff has filed application for withdraw the suit.
Representative of plaintiff - Ajay Nirmal Dy. Manager present.
Plaintiff wants withdraw the suit unconditionally. Representative of plaintiff contended that plaintiff doesn’t wants to proceed with the suit and he be permitted to withdraw the suit. Yet defendant is not served with suit summons. Hence, following order-
1.  Commercial Suit no. 1311 of 2021 stands disposed on being withdraw.
2.   Court fees be returned as per rule.
Nature Of Disposal: WITHDRAWL
Disposal Date: 14-02-2023

CHAMBER SUMMONS/101934/2022
CHAMBER SUMMONS/101619/2022

Filing Number: 101990/2020
Filing Date: 12-02-2020
First Hearing Date: 04th January 2022
Decision Date: 14th February 2023
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE