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SUMMARY CIVIL SUIT - SUMMARY SUIT

Union Bank of IndiaVsH. K. Tours and Travels +1 more

CNR MHCC01003176202083-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 28th July 2026

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100561/2020
Registration Date
17 Dec 2020

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 22-02-2021
    Business: Adv. Saurabh Talekar for plaintiff present.
    None for defendant.
    Ld Adv for plaintiff filed draft Chamber Summons along with affidavit t.o.r. O- Heard Ld Adv for plaintiff. Leave granted to register CS.
    Matter adjd for tendering original registered CS along with affidavit to 31-03-2021.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: P.O. is on leave.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: P.O. is on leave.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: None present.
    Matter adjd for tendering original registered CS along with affidavit to 08-11-2021.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: Adv. Suraj Rupvate for plaintiff present.
    None present for deft.
    Ld. Adv. For plff tendered original registered Ch/s alongwith affidavit.
    Matter Adjd for service affidavit of Ch/s on 22/12/2021.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 22-12-2021
    
    Date: 08-11-2021
    Business: Adv. Suraj Rupvate for plaintiff present.
    None present for deft.
    Ld. Adv. For plff tendered original registered Ch/s alongwith affidavit.
    Matter Adjd for service affidavit of Ch/s on 22/12/2021.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Adv. Suraj Rupavte  for plaintiff present.
    None present for defendant.
    Time sought for filing service affidavit.
    Matter Adjd for service affidavit of CS on 22/02/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-02-2022
    
    Date: 22-12-2021
    Business: Adv. Suraj Rupavte  for plaintiff present.
    None present for defendant.
    Time sought for filing service affidavit.
    Matter Adjd for service affidavit of CS on 22/02/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: Adv. Suraj Rupavate for plaintiff present.
    None present for defendant.
    Exh.02- Affidavit of service of CS No.516 of 2021. O-seen.
    Kb for order.
    F.R.S.R. following order in Chamber of Summons No.516 of 2021 in Summary Suit no.561 of 2020 is passed-
    ORDER
    1. Chamber Summons no.516 of 2021 is allowed.
    2. The plaintiff to carry out the amendment as proposed as per the schedule within 14 days of this order.
    3. No order as to costs.
    Matter Adjd for compliance on 08/03/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    
    Date: 06-06-2022
    Business: Adv. Suraj Rupavate for plaintiff present.
    None present for defendant.
    Matter Adjd for service affidavit and for filing amended copy of plaint on 28/07/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: Adv. Devangi Mehta for plaintiff present.
    None for defendant.
    Matter be placed before Lok-Adalat.
    O-Issue Notice to both parties.
    Matter Adjd for Lokadalat to 13-08-2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Matter pertains to C.R.No.13
    None present for plaintiff.
    None present for defendant.
    Matter Adjd to 15/10/2022 in regular court.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    
    Date: 14-12-2022
    Business: Adv. Suraj Rupwate for plaintiff present.
    None present for defendant.
    Ld. Adv. for plaintiff filed amended copy of plaint. TOR.
    On oral request by Adv. for plaintiff, issue writ of summons to defendant.
    Matter Adjd for service affidavit on 22/02/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: Adv. Vrushali Shirdhankar h/f Adv. Ashwin Kumar and Co. for plaintiff present.
    None present for defendant.
    Time sought. Time granted.
    Matter Adjd for service affidavit on 26/04/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Adv. Dhanvi Zavei for plaintiff present.
    None present for defendant.
    Time sought. Time granted.
    Matter Adjd for service affidavit on 25/07/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: P.O.is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-09-2023
    
    Date: 20-09-2023
    Business: None present when called.
    Matter is fixed for filing service affidavit.
    Not filed. No adjournment application on record.
    Hence keep for order.
    Matter adjd for order on 21.11.2023.
    Next Purpose: ORDER
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: P.O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 16-01-2024
    
    Date: 16-01-2024
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 07-03-2024
    
    Date: 07-03-2024
    Business: Court is Vacant.
    Next Purpose: ORDER
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 09-07-2024
    
    Date: 09-07-2024
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 21-09-2024
    
    Date: 21-09-2024
    Business: None present.
    Matter is adjourned to 04.11.2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 04-11-2024
    
    Date: 04-11-2024
    Business: Both parties and their counsel are absent.
    Matter is adjourned to 30.01.2025 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-01-2025
    
    Date: 30-01-2025
    Business: None present.
    Matter is adjourned to 08.04.2025 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-04-2025
    
    Date: 08-04-2025
    Business: None present.
    Matter is adjourned to 19.06.2025 for Affidavit of service .
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-06-2025
    
    Date: 19-06-2025
    Business: None present.
    Matter is adjourned to 17.09.2025 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-09-2025
    
    Date: 17-09-2025
    Business: None present.
    Matter is 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: None present.
    Matter is adjourned to 13.03.2026 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-03-2026
    
    Date: 13-03-2026
    Business: None present.
    Matter is adjourned to 15.06.2026 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-06-2026
    
    Date: 15-06-2026
    Business: None for plaintiff.
    Since long plaintiff not filed service affidavit. Ld. Adv. for plaintiff is directed to take diligent steps or suit will be dismissed on next date.
    Matter is adjourned to 28.07.2026 for Steps by plaintiff/dismissal.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-07-2026
    
    Date: 28-07-2026
    Business: None for plaintiff.
    Kept back for dismissal order in second session.
    Later on at 03.25 p.m
    Matter was called. None appeared.
    ORDER
     Its a suit of year 2020. Plaintiff carried out amendment in the plaint on 07.03.2022. however, not filed amended plaint till this date. In the year 2022 advocate appeared on behalf of plaintiff but not filed service affidavit on record. Since, 20.09.2023 neither plaintiff nor advocate ever appeared before this court. Even after laps of 6 years defendants are yet not served with writ of summons. It is so because plaintiff had not taken steps at all. It appears plaintiff is not interested in this suit. Hence, suit is dismissed in default. Interim applications if any also stands disposed of. Proceeding is closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 28-07-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103537/2020
    Filing Date: 13-03-2020
    First Hearing Date: 22nd February 2021
    Decision Date: 28th July 2026
    Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    28 Jul 2026
    Order Details: Other
    Pdf Text: 28.07.2026
    Sr. No.19
    CORAM : H. H. J. P. P. KULKARNI, City Civil Court,
    Mazgaon, Mumbai, Judge (C. R. No. 83).
    SUM SU
    561/20
    None for plaintiff.
    Kept back for dismissal order in second session.
    Later on at 03.25 p.m
    Matter was called. None appeared.
    ORDER
    Its a suit of year 2020. Plaintiff carried out amendment in
    the plaint on 07.03.2022. however, not filed amended plaint till this
    date. In the year 2022 advocate appeared on behalf of plaintiff but
    not filed service affidavit on record. Since, 20.09.2023 neither
    plaintiff nor advocate ever appeared before this court. Even after
    laps of 6 years defendants are yet not served with writ of summons.
    It is so because plaintiff had not taken steps at all. It appears
    plaintiff is not interested in this suit. Hence, suit is dismissed in
    default. Interim applications if any also stands disposed of.
    Proceeding is closed.
    Judge
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