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SUMMARY CIVIL SUIT - SUMMARY SUIT

BANK OF INDIAVsSmt. Swati Vijay Palekar +1 more

CNR MHCC01002974201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 24th March 2026

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100446/2018
Registration Date
07 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 29-06-2018
    Business: None for Plaintiff.
    None for Defendant.
    Matter is adjd. to 15/09/2018 for Service report.
    Next Purpose: REPORT
    Next Hearing Date: 15-09-2018
    
    Date: 15-09-2018
    Business: None for Plaintiff
    None  for Defendant
    Matter is adjd. to 24/01/2019  for report.
    Next Purpose: REPORT
    Next Hearing Date: 24-01-2019
    
    Date: 24-01-2019
    Business: Adv. Ashok Kode for Plaintiff present.
    None for Defendant.
    The advocate for plaintiff has orally requested for the extension of time to serve the writ of summons upon the defendant. Time is extended.
    Matter is adjd. to 11/03/2019 for Service Report.
    Next Purpose: REPORT
    Next Hearing Date: 11-03-2019
    
    Date: 11-03-2019
    Business: Adv. A. V. Kode for Plaintiff present.
    None for Defendant.
    Matter is adjd. to 22/04/2019 for Service report.
    Next Purpose: REPORT
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: Adv for plaintiff Mr.Ashok Kode present
    Adv for plaintiff filed affidavit of Service with the remark that defendant no. 2 postal envelop is return back with the remark intimation posted.
    O-It appears defendant no.2 fail to appear in the suit.  Therefore, suit to proceed exparte against deft no.2
    Matter is Adjd for Steps against defendant no.1 to 29/07/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: Court is on leave. Adjd to 10/10/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv. Kode for plaintiff.
    Adjd to 16/12/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Adv. Ashok Kode for plaintiff present
    Matter is adjd to 20/02/2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Adv Ashoke Pothe present for plaintiff
    None for Defendant.
    On the request of plaintiff the matter is Adj for steps  to 22-06-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: None present.
    Adjd to 22-02-2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: PO is on special leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Adv. A. V.  Kode for the plaintiff present and requested time for tending Ch/s.
    None for defendants.
    Matter is adjd. to 18/01/2022  for taking steps/tendering CS.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to 21-04-2022 for Taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Advocate Mr. Ashok Kode for plaintiff present.
    None for defendant.
    Matter is adjd. for taking steps to 06-09-2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: As court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: As court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: As court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: As court is vacant.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: Adv.Ashok Kode present  for plaintiff.
    None present for defendant.
    Plaintiff failed to take steps, hence, put up for dismissal on next date.
    Matter stands adjourned for dismissal on  16-10-2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: DISMISSAL
    Next Hearing Date: 12-12-2023
    
    Date: 12-12-2023
    Business: Adv.Ashok Kode present for plaintiff.
    None present for defendant.
    KB.
    L.O. at 1.20 pm.
    Adv.Ashok Kode present for plaintiff.
    Issue fresh writ of summons.
    Matter stands adjourned for writ of summons on 20-02-2024.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: Adv. Ashok Kode present for plaintiff, tendered service affidavit TOR and sought time to take further steps to serve the writ of summons.
    None present for defendant.
    Matter stands adjourned for writ of summons on 22-04-2024.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-04-2024
    
    Date: 22-04-2024
    Business: None present.
    Matter stands adjourned for writ of summons on 30-07-2024.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: Adv. Ashok Kode present for plaintiff. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned for writ of summons on 08-10-2024.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-10-2024
    
    Date: 08-10-2024
    Business: None present.
    Matter stands adjourned for writ of summons on 10-10-2024.
    Later on at 1.15 pm.
    Adv. Ashok kode present for plaintiff.
    Heard. Peruse the report of bailiff Exh.5 the writ of summons to defendant returned with remark of unserved. The address of defendant is mentioned in the plaint as mentioned by the defendant in loan application, hence, the plaintiff has attempted to serve at correct address. Consequently she deserves to be permitted for service of Writ of Summons by paper publication, hence, I proceed following order
    Order
    1. Draft Chamber Summons stands disposed of as allowed.
    2. Writ of Summons be published in news paper as prayed for.
    3. Draft Chamber Summons disposed of accordingly.
    4. Draft Chamber Summons be registered for statical purpose.
    Matter stands adjourned for Compliance on 09-12-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-12-2024
    
    Date: 09-12-2024
    Business: Adv. A.V. Kode present for plaintiff. Seeking extension of time to get register the Chamber Summons and to issue publication. Time is granted.
    None present for defendant.
    Matter stands adjourned for compliance on 10-02-2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-02-2025
    
    Date: 10-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Matter pertains to CR. No.84
    Adv. Ashok Kode for plaintiff is present and filed an application for extension time to serve writ of summons by substitute service. Taken on record. It is marked as Exh-2. O-Allowed. Time is extended to serve writ of summons by substitute service.
    Counsel for plaintiff filed disposed of registered CS 2857/24 along with affidavit in support.
    Matter is adj to 11.03.2025 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-03-2025
    
    Date: 11-03-2025
    Business: As court is vacant. Hence,
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-04-2025
    
    Date: 28-04-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-06-2025
    
    Date: 23-06-2025
    Business: As the presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-08-2025
    
    Date: 05-08-2025
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-09-2025
    
    Date: 18-09-2025
    Business: Adv. Ashok Kode present for plaintiff, tendered extension application to serve the writ of summons through paper publication TOR marked as Exh.03.
    Matter is old. Plaintiff is seeking time, subject to costs of Rs.300/- to be paid to DLSA, Mumbai vide section 35 B of CPC.
    None present for defendant.
    Matter stands adjourned to 18-11-2025 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-11-2025
    
    Date: 18-11-2025
    Business: Adv. Ashok Kode present for plaintiff. Seeking time for submitting the service affidavit. Matter is old. Last date costs is not paid. Time is granted, subject to costs of Rs.500/- to DLSA, Mumbai vide section 35 B of CPC.
    None present for defendant.
    Matter stands adjourned to 27-01-2026 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-01-2026
    
    Date: 27-01-2026
    Business: Parties are absent.
    Adv. Ashok Kode for plaintiff and sought time to file service affidavit.
    None for defendant.
    Matter stands adjourned to 24.03.2026 for Affidavit of Service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-03-2026
    
    Date: 24-03-2026
    Business: Representative Tushar Dipak Katkar of plaintiff bank is present.
    Adv. Ashok Kode present for plaintiff, tendered affidavit of service TOR marked as Exh.04 and he also tendered withdrawal application TOR marked as Exh.05 I verified him he informed to the court that the matter is settled out of court hence, wants to withdraw the suit hence, permission to withdraw the suit.
    2/3 court fee be refunded to the bank as per rule.  Suit No.446/18 stands disposed off as withdrawn. Proceeding is closed.
    None present for defendant.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 24-03-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103314/2018
    Filing Date: 27-02-2018
    First Hearing Date: 29th June 2018
    Decision Date: 24th March 2026
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    24 Mar 2026
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 84 ADDL SESSIONS JUDGE
    Case No. :SUMMARY CIVIL SUIT/0100446/2018
    Bank of India Vs 1. Smt. Swati Vijay Palekar 2. Mr. Amit Shankar Surve
    Date : 24-03-2026
    Business : Representative Tushar Dipak Katkar of plaintiff bank is
    present. Adv. Ashok Kode present for plaintiff, tendered
    affidavit of service TOR marked as Exh.04 and he also
    tendered withdrawal application TOR marked as Exh.05 I
    verified him he informed to the court that the matter is settled
    out of court hence, wants to withdraw the suit hence,
    permission to withdraw the suit. 2/3 court fee be refunded to
    the bank as per rule. Suit No.446/18 stands disposed off as
    withdrawn. Proceeding is closed. None present for defendant.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 24-03-2026
    COURT 84 ADDL SESSIONS JUDGE
    Print
    -- 1 of 1 --
    Order 1
    24 Mar 2026
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 84 ADDL SESSIONS JUDGE
    Case No. :SUMMARY CIVIL SUIT/0100446/2018
    Bank of India Vs 1. Smt. Swati Vijay Palekar 2. Mr. Amit Shankar Surve
    Date : 24-03-2026
    Business : Representative Tushar Dipak Katkar of plaintiff bank is
    present. Adv. Ashok Kode present for plaintiff, tendered
    affidavit of service TOR marked as Exh.04 and he also
    tendered withdrawal application TOR marked as Exh.05 I
    verified him he informed to the court that the matter is settled
    out of court hence, wants to withdraw the suit hence,
    permission to withdraw the suit. 2/3 court fee be refunded to
    the bank as per rule. Suit No.446/18 stands disposed off as
    withdrawn. Proceeding is closed. None present for defendant.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 24-03-2026
    COURT 84 ADDL SESSIONS JUDGE
    Print
    -- 1 of 1 --

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