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NOTICE OF MOTION

Starlog Enterprises Limited -Comm. Suit St. no. 3913/2020VsAxis Bank Limited

CNR MHCC01004840202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 30th March 2021

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101620/2020
Registration Date
06 Nov 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-11-2020
    Business: Advocate Sukanya Bhaumik for plaintiff is present and filed registered NM No. 1620/20.
    Advocate Nikhil Rajani for defendant is present and requested short adjournment for filing V/P and reply to NM. Request is allowed.
    Earlier order if any, to continue till next date.
    Adjourned for filing V/P and reply to NM No. 1620/20 to 27.11.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: Advocate Ms. Payoja Gandhi I/b. Sukanya Bhaumik for plaintiff is present.
    None present for defendant.
    Earlier order if any, to continue till next date.
    Adjourned for NM hearing to 21.12.2020.
                                                                                    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: Both parties and their advocates are absent when called out.
    Adjourned for NM hearing to 14.01.2021.
                                                                                    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: None for plaintiff and defendant.
    Despite specific note in roznama dtd.29.01.2021, plff is failed to register the suit.  In default to register in next two weeks, court may dismiss the suit with NM.
    Matter is adjd.to 05.03.2021 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Adv. Mr. Vaibhav Sharma for plaintiff, submits that adv. Suknya Bhaumik is under medical urgency, prayed for adjd.
    Adv. Mr. Apurv Kulkarni for deft., submits that adv. Sanap or Adv. Nikhil Rajani will argue the matter.  As both are not available, prayed for adjd.
    Plff. to note suit is not registered since 6 months.  In default to register before next date, court may dismiss the suit.
    Matter is adjd.to 12.03.2021 for Nm hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Adv. Mr. Vaibhav Sharma h/f adv. Bhaumik for plaintiff, submits that plff intending to withdraw the suit, prayed for short adjd.
    Adv. Ms. Jyoti Sanap for defendant present.
    Suit is yet not register since long.
    Next date is 16.03.2021 is granted as prayed, in default to take proper steps, court may dismiss the suit.
    Matter is adjd.to 16.03.2021 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: None for plaintiff.
    Adv. Ms. Jyoti Sawant for defendant.
    File is sent to registry for registration (yet not received).
    Matter is adjd.to 30.03.2021 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Adv. Mr. Vaibhav Sharma h/f adv.Bhaumik for plff present.
    Adv. Ms. Jyoti Sanap a/w adv. Mr. Apurv for deft. present.
    Exh.2- Application submitted by plff. to withdraw the suit, it is objected on behalf of deft. for permission to file fresh suit.
    On perusal of roznama plff is failed to register the suit since nine months.  It is not clarified by the plff. that whether court fees is paid or not.  Plff. is yet not sure when and whether he is going to file fresh suit.  Plff. will decide in respect of filling fresh suit after order of DRT as notice under section 13(2) of SARFAESI Act.
    Considering aforesaid question and reply on behalf of ld. Adv. for plff., it is allowed to withdraw the suit on  two conditions.
    A) Plaintiff to deposit cost of Rs.7,000/-(Rupees Seven Thousand Only), directly to the account of the deft bank within two weeks.
    B)  Plaintiff is at liberty to fresh suit within a month.
    Accordingly, it is allowed to withdraw the suit.  NM no. 1620/20 stands disposed off as withdrawal.
    Suit be register for statistical purpose.
    Authenticated copy given to both parties.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 30-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105503/2020
    Filing Date: 06-11-2020
    First Hearing Date: 10th November 2020
    Decision Date: 30th March 2021
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Mar 2021

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101620/2020 Starlog Enterprises Limited -Comm. Suit St. no. 3913/2020 Vs Axis Bank Limited Date : 30-03-2021 Business : Adv. Mr. Vaibhav Sharma h/f adv.Bhaumik for plff present. Adv. Ms. Jyoti Sanap a/w adv. Mr. Apurv for deft. present. Exh.2- Application submitted by plff. to withdraw the suit, it is objected on behalf of deft. for permission to file fresh…

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