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SUIT - SHORT CAUSE CIVIL SUIT

Vishal Amarshi GalaVsThane Bharat Sahakari Bank Ltd. +8 more

CNR MHCC0100492120198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 24th August 2022

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
102208/2019
Registration Date
02 Aug 2019

Advocates

2

For Petitioner

For Respondent

    Not available

    Parties

    10

    Petitioner

    1. 1Vishal Amarshi Gala

    Respondent

    1. 1Thane Bharat Sahakari Bank Ltd.
    2. 2Asstt. General Manager and Authorised Officer
    3. 3Mr. Pankaj M. Birwadkar, Asstt. General Manager (Legal and Recovery)
    4. 4The Deputy Registrar, Co-operative Societies
    5. 5The State of Maharashtra
    6. 6The SR. Inspector of Police
    7. 7Union Bank of India Represented by its Secretary
    8. 8The Union Of India
    9. 9Reserve Bank of India

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 26 · Order 1 · Rule 1

    Case History / Proceedings

    Case History
    Date: 23-08-2019
Business: Adv. Precilla D\''souza for the Plaintiff present.
She seeks extension of time to serve Writ of summons.
Matter is adjd. to 28/11/2019 for proof of service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Next Purpose: SERVICE
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: None  for Plaintiff.
Adv. Jyoti Sanap for defendant no.1 to 3 is present. She filed Vakalatnama on behalf of defendant no. 1(Exh. 5). She also filed Vakalatnama on behalf of defendant no. 2 and 3 (Exh. 6).
plaintiff has not tendered  registered N/M.
plaintiff is directed to serve N/M on defendants.
Matter is adjd.  for tendering registered N/M  to 21 /03/2020.
Next Purpose: SERVICE
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: Due to direction to combat Corona Virus, board is discharged, as
only urgent matters are taken up.
Next Purpose: SERVICE
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: Due to direction to combat Corona Virus, board is discharged as only matters for argument are taken up.
Next Purpose: SERVICE
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: SERVICE
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: None present.
Till date, the plaintiff has not tendered registered NM No.3859/2019 and NM No.56/2020. Hence,  NM No.3859/2019 and NM No.56/2020 stand dismissed.
Matter is adjd. to 05/05/2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: due to covid-19
Next Purpose: SERVICE
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None present.
Since long, the suit is pending for service of summons against defendants. On perusal of record it appears that defendants No1. to 3 are already appeared on record. But, till today they have not filed WS. Therefore, suit to proceed without WS of defendants No1. to 3. Regarding defendants No.4 to 9 till today, the plaintiff  could not secure service on them. Therefore, plaintiff is directed to take steps against defendants No.4 to 9.
Matter is adjd. to 18/12/2021 for service to defendants No.4 to 9.
Next Purpose: SERVICE
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: None present for the plaintiff.
Adv Jyoti Sanap present for the defendant nos.1 to 3
Matter is adjd. to 28.02.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court).
Adv. Jyoti Sanap i/b Deshpande & Co for deft No.1 present.
Adjd for service to deft No. 4 to 9 to 15/3/22.
Next Purpose: SERVICE
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: None present for plaintiff.
None present for defendant 01 to 03.
It appears that, since long, plaintiff did not get the writ of summons and notice of NM served upon defendant no. 04 to 09.
As plaintiff and his adv. are absent, Matter adjourned for dismissal order to 21/04/22.
Next Purpose: DISMISSAL
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: None present for plaintiff.
None present for defendant.
It appears that, since long plaintiff is absent and did not produce the proof of service to the defendant no.  04 to  09. Today also plaintiff and his advocate are absent, hence, matter ajdd. For service of writ of summons/ proof of service to df. No 04 to 09.
Matter adjourned for service to 04/07/22.
Next Purpose: SERVICE
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: None present for plaintiff.
None present for defendant.
As plaintiff and his Adv are absent and did not produce proof of service of writ of summons  to defendant no. 04 to 09.
Matter adjourned for dismissal order to 24.08.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Sue motu matter taken on Board.
There appear elements of settlement. Therefore, matter be
kept in upcoming lok-adalat dt. 13/08/22.
Issue Notice of lok adalat to the Parties.
Matter is adjd. For lok-adalat on 13/08/22.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: None present.  Matter not settled.
Matter is adjd to 24.08.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Matter called out at 11.05 am.
None present for plaintiff.
None present for defendants.
Kb
l.o. at 02.45 pm.
Matter called out at 02.49 pm.
None present for plaintiff.
None present for defendants.
From the record it appears that, plaintiff and his adv. are absent since long and did not take steps to proceed further with the suit and for service of writ of summons. Therefore matter is kept for dismissal order. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the suit. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 2/5 and Rule 03 Of Code Of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 2/5 and Rule 03 Of Code Of Civil Procedure. Proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 24-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105407/2019
Filing Date: 03-05-2019
First Hearing Date: 23rd August 2019
Decision Date: 24th August 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    24 Aug 2022
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :SUIT/0102208/2019
Vishal Amarshi Gala Vs Thane Bharat Sahakari Bank Ltd.
Date : 24-08-2022
Business : Matter called out at 11.05 am. None present for plaintiff.
None present for defendants. Kb l.o. at 02.45 pm. Matter
called out at 02.49 pm. None present for plaintiff. None
present for defendants. From the record it appears that,
plaintiff and his adv. are absent since long and did not take
steps to proceed further with the suit and for service of writ
of summons. Therefore matter is kept for dismissal order.
Today also plaintiff and his advocate are absent. From the
above conduct of the plaintiff, it appears that plaintiff is not
interested to proceed further with the suit. Therefore, it will
be appropriate to dismiss the suit as per Order 9 Rule 2/5
and Rule 03 Of Code Of Civil Procedure. Hence, suit is
dismissed as per Order 9 Rule 2/5 and Rule 03 Of Code Of
Civil Procedure. Proceeding is closed.
Nature of Disposal : DISMISSED
Disposal Date : 24-08-2022
COURT 08 ADDL SESSIONS JUDGE
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