Canara BankVsMr. Tushar Bhimrao Panpatil

Date: 05-01-2021
Business: Plaintiff and Adv. for plff absent.
Perused the suit. Issue summons to the defendant under Rule 2 of ORDER XXXVII of the CPC on payment of necessary process fee.
Adjd for return of summons on 05.03.2021.
Next Purpose: REPORT
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: None present.
Matter adjd for report to 17.04.2021.
Next Purpose: REPORT
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Business: In view of Office Order No. 73/21, all Courts shall remain closed on every Saturday. 17.04.2021 is Saturday, hence,  adjd to 31.07.2021.
Next Purpose: REPORT
Next Hearing Date: 31-07-2021

Date: 31-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 05.10.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Adv B.N. Joshi for plaintiff present.
None for defendant.
Adv for plaintiff filed application for time extension for serving writ of summons upon the defendant. O- Extension granted accordingly.
Matter is adjd to 03.01.2022 for  report.
Next Purpose: REPORT
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: None present.
Matter is adjd for  report to 01.03.2022
Next Purpose: REPORT
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: P.O. is on training.
Next Purpose: REPORT
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv. Ms. Archana Bhor for Plaintiff present and filed an application for extension of time to serve the Writ of Summons.  t.o.r. and marked as Exhibit-3.
As the matter is pending awaiting as service report since 2020, time extended for service by 4 weeks as a last chance.
Matter adjourned to 11/07/2022 for Report.
Next Purpose: REPORT
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Adv. Mr. Upadhyay for Plaintiff present.
Plaintiff has yet not served the Defendant.  Plaintiff to take proper steps.
Matter adjourned to 01/10/2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: Adv.Upadhayay for plaintiff present.   He filed application for seeking extension of time to serve writ of summons. (Exh-4)
Order-Time is granted as a last chance.  Plaintiff permitted to serve defendant privatively and filed affidavit.
Matter is adj to 09/12/2022 for service report.
Next Purpose: SERVICE
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv.Manjula Chigari for plaintiff present. She filed application for seeking fresh writ of summons to the defendants. (Exh-5)
Order-Time extended as prayed for as last chance.
As Court is busy in recording evidence in Suit No.3359/2008 and argument in Suit No.9421/93, hence remaining first session board is discharged. Matter is adj to 21/02/2023 for service report.
Next Purpose: SERVICE
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: Adv.Manjula Chigari for plaintiff present. She filed application for (Exh-6) for extension of time to serve writ of summons to the defendant on the ground that there was less time to serve writ of summons.
From the record transpires that this court on 13/06/2022,01/10/2022 and 09/12/2022 has allowed similar application filed by plaintiff seeking extension of time.
More than ample time was with plaintiff to tender writ of summons with the office of this court.  It appears that plaintiff is merely filing application after application for extension of time and has not taken steps in pursuance of the same.  Therefore, the application is allowed, however subject to cost of Rs.1,000/- (Rupees One Thousand Only).  Cost to deposit to DLSA, Mumbai to be deposited within two weeks from the date of this order.  If plaintiff complies the same, fresh writ of summons be issued.
Matter is adj to 06/04/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv. Upadhyay for plaintiff present. He submits that plaintiff has served defendant. He filed affidavit of service. TOR, It is marked at Exh.7 It appears that defendant is served through RPAD on 22.02.2023.
Despite service defendant failed to cause appearance. Hence, suit is proceed exparte.
Ld. Adv. for plaintiff filed application for extension of time to deposit the cost, imposed by this Court on last date. He submits that he would deposit the cost during course of the day. TOR. It is marked at Exh.8
In view of the submissions made, application Exh.7 is allowed. Plaintiff to deposit the cost during course of the day.
None present for defendant.
Matter is adj to 21.06.2023 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
NOBTOB by way of praecipe filed by Adv.Upadhayay for plaintiff (Exh-9).
Mr.Brijeshkumar Singh the authorized person of plaintiff present.
Ld.Adv. for plaintiff filed application for withdrawal of suit along with the authority letter dated 10/04/2023 (Exh-10)
It is submitted that the account of defendant is settled out of the court.  In view of the said submission, I pass following order.
                                        ORDER
1. Summary Suit No. 372 of 2020 is hereby disposed of as withdrawn.
2.  Plaintiff is entitled for refund of court fees, as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 12-04-2023

Registration Number: 100372/2020
Transfer Date: 17-07-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 104514/2020
Filing Date: 14-09-2020
First Hearing Date: 05th January 2021
Decision Date: 12th April 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE