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
2For Petitioner
For Respondent
Parties
5Acts & Sections
1Indian 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: 20-08-2022Additional 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
1Final Order 120 Aug 2022
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 -- 1 of 1 --
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