BANK OF BARODAVsM/s. The Beauty Home Furniture

Date: 20-06-2019
Business: Plff and Adv absent.
Deft and Adv absent.
Issue writ of summons against defendant for settlement of issues and filing written statement through Bailiff on payment of P.F.
Adj for service to 06.07.2019.
Later on at 1.35pm.
Adv. Pooja Mali for Plaintiff present.
Matter already adj for service to 06.07.2019.
Next Purpose: SERVICE
Next Hearing Date: 06-07-2019

Date: 06-07-2019
Business: Adv. Pooja Mali for Plaintiff presencrimt.
As Presiding Officer is on training at Uttan, hence adj for service to 30.07.2019.
Next Purpose: SERVICE
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: Adv. Pallavi Sangle for Plaintiff present.
Deft and Adv absent.
Ex.2 Writ of summons filed by Adv for Plaintiff t.o.r.
Writ of summons is taken by brother of Proprietor of defendant.
Adj for directions to 08.08.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Adv. Purnima Pandit for Plaintiff present.
Deft and Adv absent.
Writ of summons filed on previous date shows that it has been served upon brother of Proprietor of defendant no.1. It cannot be treated as good service, as nowhere it is mentioned that brother of Proprietor is employee or agent of defendant no.1. Therefore, issue fresh writ of summons against defendant no.1 through Registered Post A.D.
Adj for service to 07.09.2019.
Next Purpose: SERVICE
Next Hearing Date: 07-09-2019

Date: 07-09-2019
Business: Plff and Adv absent.
Deft and Adv absent.
Service report awaited.
Adj for service to 01.10.2019.
Next Purpose: SERVICE
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Adv. Pallavi Sangale for Plaintiff present.
None for defendant.
Writ of summons filed by plaintiff.
Affidavit of service filed by adv for plaintiff. t.o.r.
As per acknowledgment annexed to affidavit Writ of summons has been served upon proprietor of defendant no 1.
Adjd. to 16.10.2019  for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Adv. Pooja Mahadik for plaintiff present.
None present for defendant.
Ex C acknowledgement annexed to affidavit of service shows that it is in the name of Ziauddin Mhod. Shaikh.  But defendant is M/S the Beauty Home Furniture so plaintiff is directed to send Writ of summons by RP A/D in the name of defendant at the address given in Ex C.
Hence, adjd to 14.11.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: None present.
Service report in relation to fresh Writ of summons is awaited.
Adjourned for service to 13.12.2019.
Next Purpose: SERVICE
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Adv. Pallavi for plaintiff present.
None present for defendant.
Adv. for plaintiff filed original Writ of summons
She also filed affidavit of service. As per it service of Writ of summons has been made upon defendant at third address mentioned in cause title of the plaint.
Adjourned for direction to 7.01.2020
Next Purpose: DIRECTIONS
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Pooja Mali for plaintiff present.
None present on behalf of defendant despite service of Writ of summons as per Exh3.  Therefore, suit is to proceed ex-parte against defendant.
Adjourned for R/E to 21.01.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Adv. Pooja Mali for plaintiff present.
She sought adjournment.
O- Short adjournment is Granted
Adjourned for R/E to 27.01.2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: None present.
KB
LO
Adv. Pooja Mali for plaintiff present.
She filed adjournment application  Short adjournment is granted.
Adjourned to 30.01.2020 for exparte evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Adv. Pooja Mali for plaintiff present.
KB
LO
Same appearance,
Sr. Branch Manager of Bank of Baroda Saroj Gajbhiye present.
Exh.4 Adv. for plaintiff filed an application for withdrawal of suit along with affidavit in support of it t.o.r
Verified Sr. Branch manager above name of the plaintiff\''s bank she voluntarily admits that defendants have settled matter with plaintiff out of court, and deposited amount as per settlement with the plaintiffs bank.  Therefore, plaintiffs want to withdraw present suit unconditionally.
In view of above facts, permission is granted to withdraw present suit.
Accordingly, application is allowed.
Order below Exh.1
Plaintiff bank through Sr. Manager filed application Exh.4 for withdrawal of suit.  She is authorised vide letter dated 30.01.2020 to withdraw present suit.
As per order below Exh.4 permission has been granted to withdraw present suit.
Therefore, suit stands withdrawn.
Bill of costs be drawn up accordingly,
Court fees if any as per rule be refunded to the plaintiff.
Accordingly, Commercial Suit 11 of 2019 stands disposed off.
Nature Of Disposal: WITHDRAWL
Disposal Date: 30-01-2020

Filing Number: 103376/2019
Filing Date: 18-03-2019
First Hearing Date: 20th June 2019
Decision Date: 30th January 2020
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE