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SUMMARY CIVIL SUIT - SUMMARY SUIT

UCO BankVsFiroz Silavar Pathan

CNR MHCC01002047201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 29th June 2026

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100414/2019
Registration Date
15 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1UCO Bank

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 06-06-2019
    Business: None present
    Matter is Adjd for Affidavit of Service to 22/08/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Adv. Priti Tare for plaintiff present.
    On oral request time is extended to serve writ of summons to deft. Adjd. for affidavit of service to 05.12.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-12-2019
    
    Date: 05-12-2019
    Business: HHJ is on Training at Uttan
    Matter is adjd to 09/01/2020 for affidavit of Services
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Priti Tare for plaintiff present.
    Adv. for defendant absent.
    Matter is adjd to 18.02.2020 for Service
    Next Purpose: SERVICE
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Priti Tare for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 17.04.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: SERVICE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 19-10-2020
    
    Date: 19-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 30-01-2021
    
    Date: 30-01-2021
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 20.04.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 02/08/2021 for Service
    Next Purpose: SERVICE
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to 11.10.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv Priti Tare for plaintiff present she prayed for grant of time to take steps. Allowed.
    Matter is adjd to 02.02.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: None present for Plaintiff.
    	None present for Defendant.
    	Matter adj. to 13/04/2022 for Taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: P.O. is on Training
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: As PO is busy in hearing Arguments and dictating Judgment in SU 7007/05.  Hence, board is discharged.
    Matter adjourned to 10/10/2022 for Taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv.Mrs.Priti Tare for plaintiff present.  She filed affidavit of service (Exh-2).
    From the affidavit it transpires that the writ of summons send on 26/12/2019 by RPAD, however no exact date of service is mentioned.
    However there is returned acknowledgment bearing signature of defendant, the service must have effected in the Dec-2019 itself.
    In spite of lapsed of much time, defendant failed to cause appearance hence, suit to proceed ex-parte.
    Matter is adj to 15/12/2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: None for plaintiff.
    No ex-parte evidence is led.
    Matter is adj to 06/03/2023 for ex-parte evidence as a last chance.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-03-2023
    
    Date: 06-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    No ex-parte evidence is led.
    Matter is adj to 14/06/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and his advocate absent.
    Matter is adj to 14.08.2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-08-2023
    
    Date: 14-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Planitiff and its counsel are absent.
    Plaintiff failed to led evidence.
    Matter is adj to 07/10/2023 for Dismissal Order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Priti Tare for plaintiff is present and filed adjournment application. It is marked as Exh-3.
    Order below Exh-3
    Today matter is fixed for dismissal order because of failure to lead evidence. Today also the plaintiff is not lead evidence and prayed for adjournment. Adjournment is granted in the interest of justice, subject to costs of Rs.1,000/- payable to DLSA.
    Matter is adj to 21.10.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Rupali T. Pawar for plaintiff is present and and filed application for removal of caption. It is marked as Exh-4. O-Allowed. She also filed draft Chamber summons along with affidavit in support. O-Leave granted to register the CS.
    Matter is adj to 19.12.2023 for filing service affidavit of CS.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: Court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-02-2024
    
    Date: 06-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Priti Tare for plaintiff is present and tendered registered Chamber summons No.2259/2023 along with affidavit in support.
    The defendant and his counsel are absent.
    Matter is adj to 16.03.2024 for filing affidavit of service of chamber summons.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-03-2024
    
    Date: 16-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff failed to file affidavit of service of chamber summons. The plaintiff is given last chance to take the steps.
    Matter is adj to 08.04.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff was given last chance to take the steps. The plaintiff take to failed to take the steps, hence, matter kept for dismissal order.
    Matter is adj to 06/07/2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-07-2024
    
    Date: 06-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff failed to take the steps. Hence, keep for dismissal order.
    Matter is adj to 17.08.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Priti Tare for plaintiff is present and filed an application for removal of caption dismissal. Taken on record. It is marked as Exh-5   . O-Allowed. Caption of dismissal is removed.
    Matter is adj to 23.09.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-09-2024
    
    Date: 23-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff is given last chance to file affidavit of service.
    Matter is adj to 25.11.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-11-2024
    
    Date: 25-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 13.02.2025 for filing affidavit of service of Chamber summons.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-02-2025
    
    Date: 13-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Plaintiff has not taken steps since long. Hence, keep for dismissal order.
    Matter is adj to 05.04.2025 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-04-2025
    
    Date: 05-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Order on CS No.2259/23
    On perusing record, it appears that plaintiff has taken out this chamber summons on 21.10.2023 to carry out amendment. Plaintiff has tendered registered chamber summons on 06.02.2024. However, till date plaintiff has not filed affidavit of service of chamber summons. It is pending for affidavit of service since last more than one year. It appears that plaintiff is not interested in conducting chamber summons. Hence, I proceed to pass following order-
    Order
    Chamber summons No.2259/23 is dismissed in default for want of prosecution.
    Matter is adj to 23.07.2025 for filling ex-parte evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-07-2025
    
    Date: 23-07-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 29.08.2025 for filing ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-08-2025
    
    Date: 29-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Shanti Parab h/f Adv. Priti Tare for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 14.10.2025 for filing ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-10-2025
    
    Date: 14-10-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Mrs. Khushbu Sharma, Age-39 years, Service, Wadala Branch, Representative of plaintiff is present and admitted contents of evidence in affidavit and identified his signature.
    Adv. Sejal Mhaskar i/b Adv. Priti Tare for plaintiff is present and filed Evidence affidavit and list of documents along with documents. Taken on record. They are marked as Exh-6 and 7 respectively.
    Matter is adj to 25.11.2025 for hearing on exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 25-11-2025
    
    Date: 25-11-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sejal Mhaskar for plaintiff is present through video conference and requested for adjournment. Adjournment is granted.
    Matter is adj to 18.12.2025 for hearing on exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 18-12-2025
    
    Date: 18-12-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sejal Mhaskar for plaintiff is present.
    Heard advocate for plaintiff on exhibiting documents.
    Matter is adj to 23.01.2026 for marking of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 23-01-2026
    
    Date: 23-01-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sejal Mhaskar i/b Adv. Priti Tare for plaintiff is present.
    Matter is fixed for marking of the documents. However, it appears that plaintiff has filed copy of authority letter. Hence, plaintiff to satisfy on the said aspect.
    Matter is adj to 20.02.2026 for hearing.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 20-02-2026
    
    Date: 20-02-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Plaintiff is given last chance to take the steps.
    Matter is adj to 26.03.2026 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-03-2026
    
    Date: 26-03-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Plaintiff and Adv. absent.
    Plaintiff was given last chance to take steps. The plaintiff failed to take steps. Hence matter is kept for dismissal order.
    Matter is adj to 25-04-2026 for Dismissal
                                                                                                  Judge
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-04-2026
    
    Date: 25-04-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sejal Mhashkar i/b Priti Tare for plaintiff is present through VC and requested for adjournment to produce document. O- Granted subject to cost of Rs.500/- to be paid to the DLSA, Mumbai.
    Matter is adj to 29-06-2026 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-06-2026
    
    Date: 29-06-2026
    Business: None present.
    kept back for order
    later on at 1.40 pm
    None present.
    ORDER BELOW EXH.1
    
    		This matter is more than five years old. On last date, an adjournment was granted to the plaintiff to produce documents subject to payment of costs of Rs.500/-.  The plaintiff has failed to lead evidence since long time though the case is proceeded ex-parte against defendant. There is no point in keeping the matter alive for evidence of plaintiff as the plaintiff - bank is not turning up to proceed with the case.  Hence, the suit is dismissed for want of prosecution under Order IX, Rule 3 of the Code of Civil Procedure.
    Nature Of Disposal: DISMISSED
    Disposal Date: 29-06-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102115/2019
    Filing Date: 20-02-2019
    First Hearing Date: 06th June 2019
    Decision Date: 29th June 2026
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    29 Jun 2026

    Order Details: Order below exhibit Pdf Text: MHCC010020472019 Presented on 20/02/2019. Registered on 15/03/2019. Decided on 29/06/2026. Duration 7 Y, 4 M, 8 D. IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO.414 OF 2019 UCO Bank, A Banking Company incorporated under The Banking Companies (Acquisition & Transfer of Undertakings Act, 1970), Having its Head Office at 10, Biplabi Trailokya Maharaja Surani, Kolkata (West Bengal) – 700 001 and one of its Branch Office at amongst others at…

    Read Full Order

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