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Commercial Suit

Deutsche Bank, A.G.VsPan Lloyd Logistics Pvt. Ltd. +3 more

CNR MHCC01001899202032-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 20th August 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
101309/2021
Registration Date
27 Nov 2021

Advocates

2

For Petitioner

For Respondent

Parties

5

Acts & Sections

1
Indian Contract Act · Sec 72 · 73

Case History / Proceedings

Case History
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.
KB.
LO.at 2.00 pm
Adv. Abhishek Bhaduri for plff. present.  He tendered affidavit of service alongwith original summons  and  alongwith RPAD packet and tracking report t.o.r. marked as Exh.5 (colly).
plff. is directed to file postal booking receipt for verification of consignment number.
 The plff. tendered application Exh.6 for substituted service  on def. no.1.t.or. marked  Exh.6
Order
Issued fresh writ of summon on def. no.1 through bailiff.
adjd. to 28/2/2022 for compliance as to postal booking receipts and service affidavit in respect of def. no.1.
Next Purpose: COMPLIANCE
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.
Adv.Ms.Prachi Gharat present and filed vakalatnama for Rex Legalis  on behalf of all defendants t.o.r. and marked as Exh.8.
Matter adjd to 20.06.2022 for written statement subject to delay.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv. Aarti Dharamsey present for plff.
Adv. Yamini Sabu present for deft.
KB.
LO 1.15 pm
Adv. Aarti Dharamsey present for plff.
Adv. Yamini Sabu present for deft.
Ex.09- Adv of deft’s has filed application for time to file to WS. Granted subject to limitation.
Adj. To 18/07/2022 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Pranil Pawar Present for Plff.
Adv. Prachi Gharat Present for Deft.
As per service affidavit Ex.05 deft are served with suit summons on 25/01/2022.  prescribed period of 120 days to file WS from the date of service of suit summons already expired. Hence suit be proceeded without WS against deft.
Adj. For Evidence of Plff without WS on 10/08/2022.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Pranit Pawar Present for Plff.
Adv. Prachi Gharat Present for Deft.
Adv of both parties contended that parties have settled the matter but today they can not remain present. Hence seeks adjournment.
Adj. For Lok Adalat on 13/08/2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: Matter pertaining to C.R. No. 32
Adv. Shri Abhishek Bhaduri present for Deutsche Bank.
Matter adjourned before Regular Court on 10.10.2022.
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: By Praecipe
Adv. Abhishek Bhaduri I/b Goenka Law Associate Present for Plff.
Ex.10,11 - Application for taking matter on today\''s board and for unconditional withdrawal of suit along with copy of authority letter issued by plff banks for withdrawing suit.
Ex.12- adv of plff filed settlement letter issued by bank/plff in the name of deft.
Adv of plff contended that plff do not want to proceed with the suit because account of the deft is settled. Therefore he want to withdraw the suit unconditionally. Aforesaid settlement letter shows that plff has settled the account of deft in full and final amount of Rs.3,70,100/-.  Hence following order passed.
1. Suit stands disposed of being withdrawn.
2. Court be returned as per rule.
Nature Of Disposal: WITHDRAWL
Disposal Date: 20-08-2022

Additional Case Details

Additional Case Details
Filing Number: 101992/2020
Filing Date: 12-02-2020
First Hearing Date: 04th January 2022
Decision Date: 20th August 2022
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1
20 Aug 2022
Order Details: Other
Pdf Text: 20.08.2022 Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
Comm SU
1309/21
Ex.10,11.
Ex.12.
By Praecipe
Adv. Abhishek Bhaduri I/b Goenka Law Associate Present for Plff.
Ex.10,11 Application for taking matter on today's board and for
unconditional withdrawal of suit along with copy of authority letter
issued by plff banks for withdrawing suit.
Ex.12 adv of plff filed settlement letter issued by bank/plff in the
name of deft.
Adv of plff contended that plff do not want to proceed with the suit
because account of the deft is settled. Therefore he want to
withdraw the suit unconditionally. Aforesaid settlement letter shows
that plff has settled the account of deft in full and final amount of
Rs.3,70,100/. Hence following order passed.
1. Suit stands disposed of being withdrawn.
2. Court be returned as per rule.
Judge
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