BANK OF BARODAVsShri Darpan G. Parekh And Ors

Date: 15-03-2019
Business: Adv. Sheela Mistri Present for the Plff.
None Present for the deft. 1 and 3 Proceeded Ex-parte.
Adv. Shardha Pathak Present for the Deft. no.2
NM 831/19.
Ld counsel for the deft no.2 tendered NM 831/19 alongwith affidavit. t.o.r.
Ld counsel for the deft no.2 tendered service affidavit of NM 831/19. t.o.r.
As per service affidavit the NM 831/19 served upon deft no.1 and plff and Deft no.3 not claim it. Hence NM proceeded without reply of Deft no. 1 and 3.
Ld counsel for the plff sought time to file reply to NM 831/19. granted.
CS 433/19.
Ld counsel for the deft no.2 tendered CS 433/19 alongwith affidavit. t.o.r.
Ld counsel for the deft no.2 tendered service affidavit of CS 433/19 . t.o.r.
As per service affidavit the CS 433/19 9 served upon deft no.3 and plff and Deft no.1 not claim it. Hence CS proceeded without reply of Deft no. 1 and 3.
Ld counsel for the plff sought time to file reply to CS 433/19. granted.
Adj. For Reply of CS 433/19 and NM 831/19 by Plff on 12/06/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: None for plaintiff.
Adv. Ms. Puja kambale for defendant no. 2 present.
Matter adjd. to 04.07.2019 for reply by plaintiff NM and CS.
Next Purpose: C/S REPLY
Next Hearing Date: 04-07-2019

Date: 12-06-2019
Business: None for plaintiff.
Adv. Ms. Puja kambale for defendant no. 2 present.
Matter adjd. to 04.07.2019 for reply by plaintiff NM and CS.
Next Purpose: C/S REPLY
Next Hearing Date: 04-07-2019

Date: 12-06-2019
Business: None for plaintiff.
Adv. Ms. Puja kambale for defendant no. 2 present.
Matter adjd. to 04.07.2019 for reply by plaintiff NM and CS.
Next Purpose: C/S REPLY
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Adv. Sheela Mistry for plaintiff present.
Adv. Pooja Kamble for D-2 present.
On the request of Ld. Counsel of plaintiff time is granted to file reply to NM and CS.
Matter adjd for reply / argument of NM 831/19 and CS 433/19 on 02/08/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: Adv. A.J. Bhor for plaintiff present.
Suit proceeded exparte against D-1 and 3.
Adv. Patil for D-2 present.
On the request of Ld. Counsel for plaintiff time is granted to file reply to NM 831/19 and CS No.433/19.
Matter adjd for NM and CS reply on 09/09/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Adv. Shila Mistri for plaintiff present.
None present for D-2.
Suit proceeded exparte against D-1 and 3.
Matter adjd for CS reply on 19/10/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Adv. Sheela Mistry for plaintiff present.
None present for defendant.
Ld. counsel for plaintiff submitted that plaintiff is not going to file reply to NM and CS taken out by D-2. On last date as well as today none appeared for D-2.
Matter adjd for dismissal order on NM and CS on 16/11/2019.
Next Purpose: ORDER
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: H.H.J. is on leave.
Next Purpose: ORDER
Next Hearing Date: 10-12-2019

Date: 16-11-2019
Business: H.H.J. is on leave.
Next Purpose: ORDER
Next Hearing Date: 10-12-2019

Date: 16-11-2019
Business: H.H.J. is on leave.
Next Purpose: ORDER
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: ORDER
Next Hearing Date: 19-12-2019

Date: 10-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: ORDER
Next Hearing Date: 19-12-2019

Date: 10-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: ORDER
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Plff and Adv. for plff both are absent.
Adv. Shraddha Patil for defendant No.2 present.
Later on at 04.48 pm.
Adv. Sheela Mistry for plff present.
Today NM No.831/19  and CS No.433/19 are kept for dismissal order. The Ld advocate appearing for deft no. 2 has submitted that matter was posted for reply for 4 times and plff did not file reply. Thereafter on 19/10/2019 plff Adv. submitted that plff is not going to file reply. Therefore the NM and CS are kept for dismissal order. She has also submitted that deft no. 2 has not got an opportunity to make submissions. Perused roznama dt. 19/10/2019. I am of the opinion that deft no. 2 can be permitted to make submission in NM and CS. Hence NM and CS be kept for argument.
Matter adjd for NM and CS argument on 20/01/2020.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Mistry for plaintiff present.
Adv. Shraddha Mishra for defendant No.2  present.
Kb.
later on at 3.36 pm.
Manager of Plaintiff\''s Bank present.
Adv. for plff filed an application for withdrawal of the suit. t.o.r.
Order below NM No. 831/19
This NM No. 831/19 is not pressed. Hence it is filed.
Order below CS No. 433/19
This CS No. 433/19 is not pressed. Hence it is filed.
F.R.S.R. following order is passed.
ORDER BELOW EXH.16 is allowed as under
1. Plaintiff is permitted to withdraw the suit unconditionally  under Order 23 Rule 1 of CPC.
F.R.S.R. following order is passed.
ORDER BELOW EXH.1 is allowed as under
1. The suit is disposed of as withdrawn unconditionally under Order 23 Rule 1 of CPC as per order passed below Exh.16 today.
2. Court fee be refunded to the plaintiff as per rule.
Nature Of Disposal: OTHER
Disposal Date: 20-01-2020

Main Case No: SUIT/0107483/2006
Main Cnr: MHCC010105842006
Main Filing No: 111447

Filing Number: 102432/2019
Filing Date: 27-02-2019
First Hearing Date: 15th March 2019
Decision Date: 20th January 2020
Court Number And Judge: 20-COURT 20 ADDL SESSIONS JUDGE