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SUMMARY CIVIL SUIT - SUMMARY SUIT

Bank of India Through Rakesh Kumar ChoudharyVsChaya Bapu Kate

CNR MHCC01003730202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th August 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100419/2022
Registration Date
06 May 2022

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Bank of India Through Rakesh Kumar Choudhary

    Respondent

    1. 1Chaya Bapu Kate

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 29-07-2022
Business: P.O. is on Leave
Next Purpose: REPORT
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Court is on leave.
Next Purpose: REPORT
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: As Court is busy in dictating judgment in SUM No.75/15 and SUM 323/15, hence remaining first session board is discharged.
Next Purpose: REPORT
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
No affidavit of service is filed.
Matter is adj to 28/06/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Plaintiff and his counsel are absent.
Service affidavit not filed.
Matter is adj to 04-10-2023 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his counsel are absent
Matter is adj to 12.01.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
On perusing roznama, it appears the matter is pending for filing affidavit of service since 10.03.2023. The plaintiff is given last chance to take positive steps on or before next date.
Matter is adj to 06.03.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-03-2024

Date: 06-03-2024
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 the steps to serve the defendant since long.  The matter is given last chance to take the steps.   If plaintiff fails to take the steps, matter will be listed for dismissal order.
Matter is adj to 03.05.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-05-2024

Date: 03-05-2024
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, matter be kept for dismissal order.
Matter is adj to 20.07.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
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 positive steps. Hence, matter is kept for dismissal order.
Matter is adj to 17.08.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Keep back.
Later on at 12.15 pm
The plaintiff and his advocate are absent.
Keep back
Later on at 1.42 pm
Order below Exh-1
The plaintiff and his advocate are absent. On perusing record, it appears that matter is pending for filing affidavit of service since 10.03.2023. The plaintiff has not filed affidavit of service till date. As plaintiff failed to file affidavit of service, matter is adjourned for dismissal order on 20.07.2024 and 17.08.2024. The plaintiff was given ample opportunity to file affidavit of service. However, the plaintiff failed to file affidavit of service. Today also, the plaintiff is absent and he has not taken any steps. Thus, it appears that the plaintiff is not interested in conducting the matter. Matter is old. Therefore, no purpose will served by keeping the matter pending. Hence, I proceed to pass following order-
Order
    Summary Suit No.419/2022 is hereby dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 17-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 104121/2020
Filing Date: 05-08-2020
First Hearing Date: 29th July 2022
Decision Date: 17th August 2024
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Aug 2024
    Order Details: Other
Pdf Text: 67
17/08/2024
SUM
419/22
CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Keep back.
Later on at 12.15 pm
The plaintiff and his advocate are absent.
Keep back
Later on at 1.42 pm
Order below Exh-1
The plaintiff and his advocate are absent. On perusing record,
it appears that matter is pending for filing affidavit of service
since 10.03.2023. The plaintiff has not filed affidavit of
service till date. As plaintiff failed to file affidavit of service,
matter is adjourned for dismissal order on 20.07.2024 and
17.08.2024. The plaintiff was given ample opportunity to file
affidavit of service. However, the plaintiff failed to file
affidavit of service. Today also, the plaintiff is absent and he
has not taken any steps. Thus, it appears that the plaintiff is
not interested in conducting the matter. Matter is old.
Therefore, no purpose will served by keeping the matter
pending. Hence, I proceed to pass following order:-
Order
Summary Suit No.419/2022 is hereby dismissed in default.
Judge
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