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Commercial Suit

The Maharashtra Mantralaya and Allied Offices Co-Operative Bank Ltd.VsMilind Manohar Bhole +4 more

CNR MHCC01001933202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 29th April 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
101367/2021
Registration Date
23 Dec 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    Indian Contract Act · Sec 72 · 73

    Case History / Proceedings

    Case History
    Date: 01-02-2022
    Business: None for plaintiff.
    The plaintiff is directed to issue writ of summons for service upon the defendant.
    Matter is adjd.to  11-03-2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Adv. Yashoda Maknija for plaintiff present.
    Adv. Anil Dsoza a/w S. S. Redekar  for defendant no. 2 present.
    Time is extended for service of writ of summons.
    Matter is adjd.to  19-04-2022 for writ of summons
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: Adv. Yashoda Maknija for plaintiff present.
    None for defendant no. 2
    The plaintiff has not taken steps for service of writ of summons upon the defendants. Hence, the plaintiff is directed to issue writ of summons for service upon defendants no. 1 to 5.
    Matter is adjd.to 24-06-2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Adv. Yashoda Makhija for plaintiff present.
    Adv. S. S. Redekar for defendant no. 2 present.
    Adjd for service of notice of motion/writ of summons to 26/07/2022
    Next Purpose: SERVICE
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: None present when called.
    Adjd for service to 16/09/2022
    Adv. Mr. Vallentine for defendant present and tendered written statement of defendant No.2. It is marked as Exh.3 O- Read and recorded.
    Plaintiff to serve notice of motion upon defendants.
    Next Purpose: SERVICE
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: Court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: Adv. Valentine for defendant No. 2 present.
    None for plaintiff when called.
    Plaintiff to serve copy of NM on defendants.
    Adjd for service of NM to 25/11/2022
    Next Purpose: SERVICE
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: Adv. Valentine Mascarenhas for deft No.2 present.
    None for plaintiff when called.
    Plaintiff not filed affidavit of service of NM till date.
    Plaintiff is directed to serve NM on defendant and file affidavit of service.
    Adjd for NM affidavit of service to 15/12/2022
    Next Purpose: SERVICE
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: Adv. Siddhi Agrawal for plff. present and sought time for filing affidavit of service of Notice of Motion. - Granted.
    None for deft.
    Adjd. to 13.01.2023 for service of NM.
    Next Purpose: SERVICE
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: None for plaintiff.
    Adv Valentain h/f Adv. Dosuza for defendant no.2 is present.
    Plaintiff directed to file service affidavit of NM.
    Case is adjourned for service to 13-02-2023.
    L.O. at 3.13 pm
    Adv. Siddhi Agrawal for plaintiff is present.
    Next Purpose: SERVICE
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: PO on  leave. Board discharged. Matter adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: None for plaintiff.
    Adv. Valentine for defendant no.2 present.
    Plaintiff directed to service affidavit of NM 803/20.
    On request of advocate for defendant no.2 matter is referred for mediation.
    Case is adjourned to 17.04.2023 for mediation report
    LO at 4.00 pm
    Adv. Siddhi Agrawal for plaintiff present.
    Exh.4 Adv. for plaintiff filed application for extension of status quo. O- defendant to say.
    Exh.5 Adv. for plaintiff also filed application for reissuing summons to the defendant. O- Plaintiff is permitted to serve writ of summons to defendant no.1, 3 to 5 through RPAD or Email or Bailiff.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Shrikant Rane - Representative of plaintiff is present.
    Adv for plaintiff is absent.
    None for defendant.
    Mediation report is not yet received.
    Case is adjourned for mediation report to 02-05-2023.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: Plaintiff and defendant no.2 is present.
    Adv. Siddhi Agarwal for plaintiff is present.
    Adv. Valentine for defendant is present.
    Mediation report not received. Hence, adjourned.
    Case is adjourned for Mediation report to 16-06-2023.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: P. O. is on leave
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: The Maharashtra Mantralaya and Allied Offices Co-Operative Bank Ltd. Vs Milind Manohar Bhole
    Plaintiff representative Surba Pawar present. His counsel absent.
    Plaintiff to take step by next date.
    Matter adjourned to 30.11.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-11-2023
    
    Date: 30-11-2023
    Business: The Maharashtra Mantralaya V/s Milind Bhole
    Plaintiff representative Surba Pawar present. His counsel absent.
    Defendant side called, but absent.
    Parties to take steps. Else, put for dismissal order.
    Case adjourned to 20.03.2024 for dismissal.
    Later on at 15.35 Hrs.
    Adv. Ernest Tuscano present for defendant No.2.
    Case adjourned to 20.03.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-03-2024
    
    Date: 20-03-2024
    Business: The Maharashtra Mantralaya v/s
    Adv. Suraj Agarwal present with plaintiff representative Surbha Pawar.
    Exh.8 -  Adjournment application filed by plaintiff seeking re-issuance of summons.
    Despite, directions of the Court, the plaintiff has not taken any steps since, 29.08.2023.
    Adjournment application is allowed subject to Cost of Rs.1000/- payable to DLSA, Mumbai.
    Suit adjourned to 05.07.2024 for Compliance / service.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: The Maharashtra Mantralaya V/s Milind Bhole
    Plaintiff side called, but absent.
    Defendant side called, but absent.
    Plaintiff has not complied order dt. 20.03.2024.
    Plaintiff to comply said order, else put for dismissal order.
    Suit adjourned to 07.11.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-11-2024
    
    Date: 07-11-2024
    Business: The Maharashtra Mantralaya Vs Milind Manohar Bhole
    Adv. Chandraprakash Dalvi present for plaintiff.
    Defendant side called, but absent.
    Exh.09- Affidavit of service.
    Exh.10- Application filed by plaintiff regarding payment of cost.
    Perusal shows that, plaintiff has filed Notice of Motion on 20.02.2020. Since then defendant failed to file reply.
    Hence, Notice of Motion is kept back for arguments.
    Later on at 13.52 Hrs.
    Adv. Chandraprakash Dalvi present for plaintiff.
    On his oral request Suit is adjourned for arguments.
    Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
    Suit adjourned to 11.12.2024 for arguments.
                                                                                  Judge
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-12-2024
    
    Date: 11-12-2024
    Business: The Maharashtra Mantralaya Vs Milind Manohar Bhole
    Plaintiff representative Milind Kavitkar present.
    His counsel absent.
    Defendant side called, but absent.
    Parties to take steps regarding pending Notice of Motion.
    Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
    Suit adjourned to 30.01.2025 for arguments.
                                                                                      Judge
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-01-2025
    
    Date: 30-01-2025
    Business: Matter pertains to Court Room No.31.
    Adv. Chandraprakash Dalvi present for plaintiff.
    Plaintiff representative Milind Kavathkar present.
    None for defendant.
    Suit adjourned to 21.02.2025 for arguments.
                                                                                    I/c Judge
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-02-2025
    
    Date: 21-02-2025
    Business: Adv. Nitin Chawla for plaintiff present.
    The Ld advocates for the plaintiff made a statement that the he want to withdraw the matter and requested to keep the matter on Lok Adalat.
    Matter stands Adj for Lok Adalat on 22-03-2025.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 22-03-2025
    
    Date: 22-03-2025
    Business: Matter pertains to C. R. No. 31.
    None present.
    Matter stands Adj on 08/04/2025.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 08-04-2025
    
    Date: 08-04-2025
    Business: None present for plaintiff.
    No steps taken by the plaintiff. Hence, matter stands Adj for dismissal on 29-04-2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-04-2025
    
    Date: 29-04-2025
    Business: Adv. Nitin Chawla ffor plaintiff present.
    Authorized representative of the plaintiff -  Mr. Milind M. Kavathkar is present.
    Exh.11  Application for withdrawal of the suit filed by the athorized representative of the plaintiff along with copy of Resolution.
    O. Seen.
    Order
    Perused application. Heard Ld Counsel appearing for the plaintiff. Mr. Milind M. Kavathkar, authorized representative of the plaintiff is present before the court who submits that he is authorized to appear and withdraw the present suit and interim application by Resolution dated 21.03.2025. He furhter submits that the parties to the suit had settled the matter amicably and therefore, the plaintiff wants to withdraw the present suit and pending notice of motion No.803/2020. Hence, order:
      i.   Application (Exh.11) stands allowed.
     ii. The Commercial Suit No.1367/2021 and Notice of Motion   No.803/2020 stand disposed off as withdrawn.
     iii.  Order dictated and pronounced in open court.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 29-04-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 102101/2020
    Filing Date: 14-02-2020
    First Hearing Date: 01st February 2022
    Decision Date: 29th April 2025
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    29 Apr 2025
    Order Details: Order below exhibit
    Pdf Text: 29.04.2025
    02
    Court Room No.31 - Commercial Court, Mumbai
    Coram : Shri S. B. Bhansali, District and Additional Sessions
    Judge
    Com Suit
    1367/2021
    Adv. Nitin Chawla ffor plaintiff present.
    Authorized representative of the plaintiff - Mr. Milind M. Kavathkar
    is present.
    Exh.11 Application for withdrawal of the suit filed by the athorized
    representative of the plaintiff along with copy of Resolution.
    O. Seen.
    Order
    Perused application. Heard Ld Counsel appearing for the plaintiff.
    Mr. Milind M. Kavathkar, authorized representative of the plaintiff is
    present before the court who submits that he is authorized to appear
    and withdraw the present suit and interim application by Resolution
    dated 21.03.2025. He furhter submits that the parties to the suit had
    settled the matter amicably and therefore, the plaintiff wants to
    withdraw the present suit and pending notice of motion
    No.803/2020. Hence, order:
    i. Application (Exh.11) stands allowed.
    ii. The Commercial Suit No.1367/2021 and Notice of Motion
    No.803/2020 stand disposed off as withdrawn.
    iii. Order dictated and pronounced in open court.
    Judge
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