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SUMMARY CIVIL SUIT - SUMMARY SUIT

State Bank of IndiaVsMr. Wakil Ahmed Khan

CNR MHCC01003545202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100377/2021
Registration Date
05 Apr 2021
Next Hearing Date
05 Oct 2026
Case Stage
DISMISSAL

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Indian Contract Act · Sec 72 · 73

    Case History / Proceedings

    Case History
    Date: 07-06-2021
    Business: In view of Office Order No.100/21 dated 04.06.2021, only urgent matters are taken for hearing. Hence, board discharged.
    The matter is adjd to 25.08.2021.
    Next Purpose: REPORT
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Court is Vacant.
    Matter is adjd to 27.10.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Court is Vacant.
    Next Purpose: REPORT
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Court is on leave hence, matter is adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: None present.
    Matter is adjd for report on 05-05-2022
    Next Purpose: REPORT
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: REPORT
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: None for Plaintiff.
    No service affidavit filed.
    Matter adjourned to 20.10.2022 for steps/affidavit.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: As court is busy in dictating Judgment in Sessions Case No.1179/2019, matter is adj to 18/01/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: Adv.Dhiraj Gujar for plaintiff present.    He filed application for re-issuance of writ of summons through RPAD (Exh-2).
    Order- Application allowed, issue summons through RPAD.
    Matter is adj to 31/03/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-03-2023
    
    Date: 31-03-2023
    Business: Adv. Ms. Jyoti Yadav i/b. R.J.Singh & Co. for plaintiff present. She filed application for issuance of fresh writ of summons.
    Record reveals that on last  date i.e.18-01-2023, plff had filed similar application and summons was directed to be re-issued through RPAD.
    It appears that plff has not complied said order and has filed similar application again. This causes unnecessary delay in the proceedings.  Still in the interest of justice, application allowed. However subject to cost of Rs.500/-(Rupees Five Hundred only).
    Plff to lodge writ within two weeks from today. Failure of plff to lodge summons, would entail dismissal of the suit without reference to the plff.
    Cost to be deposited within one week with DLSA, Mumbai.
    Matter is adj to 28-07-2023 for report
    Next Purpose: REPORT
    Next Hearing Date: 28-07-2023
    
    Date: 28-07-2023
    Business: P.O is on leave
    Next Purpose: REPORT
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. R. J. Singh for plaintiff is present and filed the application  for extension of time to comply the order dated 31.03.2023. It is marked as Exh-4. O-Extension of time for serving the writ of suit  summons is granted. The plaintiff to deposit the previous costs of Rs.500/- payable to DLSA and to lodge the writ of summons within two weeks.
    Matter is adj to 24.11.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-11-2023
    
    Date: 24-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Akanksha Sarpole i/b Adv. R. J Singh for plaintiff is present and requested for adjournment for filing affidavit of service. Adjournment is granted.
    Matter is adj to 20.02.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 23.04.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    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 take the steps.
    Matter is adj to19/07/2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-07-2024
    
    Date: 19-07-2024
    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 file affidavit of service. The plaintiff failed to file affidavit of service. Hence, keep for dismissal order.
    Matter is adj to 21.09.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-09-2024
    
    Date: 21-09-2024
    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 steps. Hence, keep for dismissal order.
    Matter is adj to 16.11.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-11-2024
    
    Date: 16-11-2024
    Business: Adv. R. J. Singh for plaintiff is present through VC and submitted that he has informed to plaintiff bank to engage another counsel.
    defendant in person present.
    Hence, considering submissions of ld. counsel for plaintiff matter is adjourned to last chance.
    Matter is adj to 21/12/2024 for steps/ dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-12-2024
    
    Date: 21-12-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. R. J. Singh for plaintiff is present through VC and requested for adjournment to file Vakalatnama of another advocate. Adjournment is granted as last chance.
    Matter is adj to 18/01/2025 for steps/ dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-01-2025
    
    Date: 18-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    kept back.
    Later on 12.02 pm
    Mr. Vilas Nimbalkar Asst. Manager SBI Bandra.
    Adv. for plaintiff is present filed affidavit of service. Taken on record. It is marked as Exh-5.
    Order below Exhibit -1
    On perusing affidavit of service, it appears that writ of summons sent to the defendant through Bailiff is returned with remark Left the premises. The service is incomplete. The plaintiff to take necessary steps.
    Matter is adj to 06/03/2025 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-03-2025
    
    Date: 06-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Govind Munde i/b Adv. R. J. Singh for plaintiff is present and requested for adjournment to take steps. Adjournment is granted.
    Matter is adj to 09.06.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-06-2025
    
    Date: 09-06-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Jitendra Pandey h/f R. J. Singh for plaintiff is present through video conferencing and requested for adjournment. Adjournment is granted.
    Matter is adj to 07.08.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-08-2025
    
    Date: 07-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 07.11.2025 for taking steps.
    Later on at 1.41 pm
    Adv. Hitendra Pandya h/f Adv. R. J. Singh for plaintiff is present through video conferencing
    Matter is adj to 07.11.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-11-2025
    
    Date: 07-11-2025
    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 22.01.2026 for taking steps.
    Later on at 3.00 pm
    Adv. Hitendra Pandey i/b R. J. Law Associates for plaintiff is present and filed an application for substituted service of sumons by paper publication. TOR and marked as Exh-6. It is not supported by an affidavit.
    Matter is adj to 22.01.2026 for order on Exh-6
    Next Purpose: ORDER
    Next Hearing Date: 22-01-2026
    
    Date: 22-01-2026
    Business: Adv.  Ms. Taniya Singh for plaintiff is present and  filed affidavit in support of service of summons by paper publication. TOR and marked as Exh.7.
    ORDER BELOW EXH.6
    Perused application and record. Heard learned counsel of plaintiff. Writ of summons was issued to the defendant through bailiff. Plaintiff has filed affidavit of service at Exh.5. On perusing said report, it appears that the defendant has left the premises i.e. address mentioned in cause title. It is the contention of plaintiff that this is the only address with the plaintiff. Therefore, it is necessary to serve writ of summons to the defendant by way of substitute service i.e. paper publication. The plaintiff has filed application supported by affidavit. Therefore, I am of view that it is necessary to allowed substitute service. Hence, I proceed to pass following order-
    ORDER
            1. Application at Exh.6 is allowed.
    2. The plaintiff is directed to publish summons for judgment in the two newspaper(one in local newspaper and one in English newspaper) having wide circulation in the area where the defendant lastly resided.
    Matter is adj to 26/02/2026 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-02-2026
    
    Date: 26-02-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. R. J. Singh for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 06.05.2026 for taking steps.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-05-2026
    
    Date: 06-05-2026
    Business: Adv.Divya Jaiswal for plaintiff is present through video conferencing
    Matter is adj to 28-07-2026 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-07-2026
    
    Date: 28-07-2026
    Business: None present.
    Plaintiff failed to take steps against Defendant.
    Matter is adj to  05-10-2026 for Dismissal
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103916/2020
    Filing Date: 15-07-2020
    First Hearing Date: 07th June 2021
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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