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SUIT - SHORT CAUSE CIVIL SUIT

Malekkhanu and Sherali Fazal Visram Memorial FoundationVsDCB Bank Ltd. +3 more

CNR MHCC01002000202059-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 22nd December 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
101900/2021
Registration Date
05 Oct 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Foreign Contribution (Regulation) Act · Sec 6 i a

    Case History / Proceedings

    Case History
    Date: 06-10-2021
    Business: Court is vacant
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: Court is Vacant.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Court is Vacant.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: AS PO IS ON TRAINING
    Next Purpose: DIRECTIONS
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Matter called out at 12.12 pm
    Adv Deep Gangar I/b Solicislex  for plff present.
    Documents a/w plaint marked as Exh.as under
    Vakalatnama Exh.2
    Memorandum of address Exh.3
    List of Documents Exh.4
    Affidavit Exh.5
    Issue Writ of Summons to defendants.
    Matter is adjd on 08.09.2022 for affidavit of Service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    Business: Adv Aayush Shah for plff present.  None for def
    Court is busy in hearing argument in Suit No. 4134/2012.  Hence Board is discharged.
    Matter is adjd on 22.11.2022 for Affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Court is busy in recording evidence in session case Nos. 972/2019 and 1557/19.  Hence, Board is discharged.
    Adv for plff tendered affidavit of service t.o.r marked as Exh 6
    Matter is adjd on 18.01.2023 for Affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: Matter called out at 12.20 pm
    Adv  Deep Gangar a/w Ranit Mazumdar for plff present
    None for defendant
    Service affidavit Exh 6 shows that defendant Nos. 1,3 and 4 are served but they have not appeared.  Suit shall proceed exparte against defendant Nos. 1,3 and 4.  Service in respect of def No.2 is incomplete.  Plff to take steps against defendant No.2.
    Matter is adjd on 03.04.2023 for Exparte Evidence
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: Adv.Deep Gangar  for plaintiff present and tendered pursis that defendant no. 2 has expired and plaintiff does not want to contest the suit against legal heirs of defendant no. 2. TOR and marked as Exh. 7.O- In view of the pursis suit against defendant no. 2 stands disposed of as abated.
    Adv.Devendra Mahadik for defendant no. 1 present and tendred V/P on behalf of defendant no. 1. TOR and marked as Exh. 8
    he also tendered draft Nm along with supporting affidavit to condone delay in filing WS, with WS. O- Leave is granted to register same. Copy served upon other side.
    Matter is adjd on 05-07-2023 for Nm reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy in argument on Sessions Case No.821/19 and passing the order in other matter hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Adv.Devendra Mahadik h/f Adv.Ashutosh Marathe for defendant No.1 present.
    Matter is adj to 02/09/2023 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Pravin Rhathwal a/w Adv.Moksha Shah i/b Solicis Lex for plaintiff present.
    Adv.Devendar Mahadik for defendant No.1 present.   He filed registered N/M No.1851/2023 along with affidavit in support. T.O.R.
    Adv.Akshay Mehta filed vakalatnama for defendant No.3.  T.O.R marked as Exh--.    He filed draft Chamber of Summons, along with affidavit to delete the name of def.No.3 from the cause title.
    Order- Leave is granted to register the Chamber of Summons.
    Matter is adj to 02/11/2023 for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2023
    
    Date: 02-11-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Devendra Mahadik for defendant No.1 present (Appear in first session)
    Matter called out at 2.58pm
    Adv.Akanksha Mishra i/b Solicis Lex for plaintiff present.  She submits that plaintiff wants to withdraw the suit.
    Adv.Akshay Mehta for defendant No.3 present.
    Matter is adj to 09/12/2023 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 09-12-2023
    
    Date: 09-12-2023
    Business: Matter pertaining to C.R. No.59
    Adv. Ms. Akansha Mishra for plaintiff present.
    Adv. Mr. Devendra Mahadik for defendant no.1 present.
    None present for defendant no.2.
    Adv. Mr. Akshay Mehta for defendant no. 3 present.
    They submitted that there is no chances to settle the matter. Hence, matter is adjourned.
    Matter is adjourned to 25.01.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-12-2023
    
    Date: 22-12-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Not on board taken on board matter moved by precipe Adv.Akanksha Mishra i/b Solicis Lex for plaintiff (Exh-9).
    Mr.Ameet Parikh-Plaintiff present.  He filed application for withdrawal of the suit marked as Exh-10
    Adv.Devendra Mahadik h/f Adv.Ashutosh Marathe for defendant No.1 present.
    Adv.Akshay Mehta for defendant No.3 present.
    Both advocate for defendants have no objection to withdraw the suit in view of endorsement of plaintiff advocate on Exh-10 made today.  It is submission of both the sides suit is proceeded ex-parte against defendant No.4 and defendant No.2 is dead.   Therefore there is no hurdle to allow the Exh-10.  Accordingly suit is disposed off as withdrawn.  Court fee be refunded as per the rules.  Accordingly Notice of Motion No.1851/2023 also disposed off.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 22-12-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102104/2020
    Filing Date: 14-02-2020
    First Hearing Date: 06th October 2021
    Decision Date: 22nd December 2023
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    22 Dec 2023
    Order Details: Other
    Pdf Text: NOB TOB
    22/12/2023
    SUIT 1900/21
    NM 1851/23
    Exh-9
    Exh-10
    CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Not on board taken on board matter moved by precipe
    Adv.Akanksha Mishra i/b Solicis Lex for plaintiff (Exh-9).
    Mr.Ameet Parikh-Plaintiff present. He filed application for
    withdrawal of the suit marked as Exh-10
    Adv.Devendra Mahadik h/f Adv.Ashutosh Marathe for defendant
    No.1 present.
    Adv.Akshay Mehta for defendant No.3 present.
    Both advocate for defendants have no objection to withdraw the
    suit in view of endorsement of plaintiff advocate on Exh-10 made
    today. It is submission of both the sides suit is proceeded ex-parte
    against defendant No.4 and defendant No.2 is dead. Therefore
    there is no hurdle to allow the Exh-10. Accordingly suit is disposed
    off as withdrawn. Court fee be refunded as per the rules.
    Accordingly Notice of Motion No.1851/2023 also disposed off.
    Judge
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