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Commercial Suit

BANK OF BARODAVsM/s. Priyal Tours and Travels +1 more

CNR MHCC01004963201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 10th March 2022

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100146/2019
Registration Date
23 Oct 2019

Advocates

2

For Respondent

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 29-11-2019
Business: None present.
Adjd to 06.01.2019 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Adv. Karuna for plaintiff present. Adv. For plaintiff filed draft Ch/s @ Affidavit.
O-Heard. By the Chamber summons request has been made to grant permission to carry out amendment in the plaint as per the schedule. It appears that in view of notification dtd.02.01.2019 issued by the Govt. of India the plaintiff bank has been merged with The Bank of Baroda with effect from 01.04.2019. It also appears from the notification that the suits pending shall be coctinued in the name of Transferee bank i.e. Bank of Baroda. Considering these circumstances the Chamber summons is allowed and permission is granted to carry out the amendment in plait as per the schedule annexed with the affidavit of Chamber Summons. The plaintiff to carry out the amendment on or before next date and comply all the formalities. Chamber summons be registered for statistical purpose.
Adjd to 17.02.2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Sanjay Upadhyay for plaintiff
Ch/s 97 of 2020 is already disposed on 06.01.2020
Extension is granted for service of writ of summons.
Adjd for service to 29-02-2020
Next Purpose: SERVICE
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Adv. Karuna Adangale for plaintiff filed
Application for Extension of time for writ of summons.
Time is extended for service of summons.
Adjd for service to 24-03-2020
Next Purpose: SERVICE
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 23.10.2020  for Service.
Next Purpose: SERVICE
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 09.11.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  26/11/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 24.12.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 24-12-2020

Date: 24-12-2020
Business: Wrongly posted on todays board.
Matter adjd to 04.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Adv.Karuna Adangale for plaintiff present.
None present for defendant.
Exh.2-Affidavit of proof of service filed today - Not served
Ld.Adv.for plaintiff seeks time to take steps to served on defendant. O-Time granted.
Matter adjd to 14.01.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Adv. Sanjay Upadhyay for plaintiff present.
Adv. for defendant absent.
Issue fresh summons to the defendant.
Matter adjd to 08-02-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Adv.Karuna Adagale for plaintiff present.
None present for defendant.
Matter adjd to 04.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None present.
Steps not taken to prosecute suit.
Matter adjd to 30/03/2021  for orders against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Adv.Sanjay Upadhyay for plaintiff present.
None present for defendant.
Matter adjd to 17.04.2021 for awaiting service report.
Next Purpose: REPORT
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions  Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 29.04.2021
Next Purpose: REPORT
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Adjournded due to Covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 22.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: REPORT
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.25 pm
None present.
Matter adjd to 04.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.08 pm
Adv.Sanjay Upadhyay h/f. M/s.K.D.Shukla and Co. for plaintiff present.
The plaintiff wants to take steps regarding service of suit summons, hence matter adjd for taking steps for service of summons on 30.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.26 pm
Adv.Sanjay Upadhyay for plaintiff present.
The plaintiff filed application, Exh.3 requesting to issue fresh summons upon the both defendants. O-Issue fresh writ of summons on the defendants by RPAD.
Matter adjd to 08.11.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Adv.K.D.Shukla i/b. K.D.Shukla and Co. for plaintiff present.
None present for defendant.
       Plaintiffs advocate submits that settlement talks are going on between the parties. Considering the nature of suit and also considering the possibility of settlement, matter is referred to lok-adalat. Issue notice to both parties for lok-adalat.
Matter adjd to 11.12.2021 for lok-adalat.
                                                                                              Judge
LO at 12.14 pm,
Adv.S.R.Kanojia present and filed vakalatnama, Exh.4 on behalf of defendant t.o.r.
Matter adjd to 11.12.2021 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021

Date: 11-12-2021
Business: Matter pertains to C.R. No.32
Adv Sanjay Upadhyay for plaintiff.
Adv S.R.Kanojiya for defendant  present.
Matter not settled.
Matter adjd to 13/01/2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 11.02.2022 for order against plaintiff/service affidavit/settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Adv.Sanjay Upadhyay for plaintiff present.
None present for defendant.
Adv. of plaintiff filed affidavit of service, Exh.5 t.o.r.
In view of SOP dated 06.01.2022, matter adjd to 10.03.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: None present for plaintiff.
None present for defendant.
Defendant has appeared vide vakalatnama Exh.4 but not filed written statement. Hence, adjourned for order against defendant.
Matter adjd to 31.03.2022 for order against defendant.
                                                                                              Judge
LO at 12.30 pm,
Adv.Sanjay Upadhyay i/b.M/s.K.D.Shukla and Co. for plaintiff present.
Mr.Manish Singh Thakur, representative of plaintiff bank is present.
The plaintiff filed application, Exh.6 for withdrawal of the suit.
Heard the Ld.Adv.for the plaintiff and the authorised representative  Mr.Manish Singh Thakur. The plaintiff submits that as there is settlement between the parties, the plaintiff wants to withdraw this suit unconditionally. Hence, following order is passed below Exh.6.
ORDER BELOW EXH.6
1. The application Exh.6 is allowed
2. The plaintiff is allowed to withdraw this suit unconditionally.
3. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application, Exh.6 and today\''s order passed thereon.  The plaintiff wants to withdraw the suit unconditionally. In view of order below Exh.6, the plaintiff is allowed to withdraw the suit unconditionally. Hence, I pass the following order.
ORDER
1. Suit is dismissed as withdrawn unconditionally.
2. Parties to bear their own costs.
3. The plaintiff is entitled for refund of Court fees as per rules.
Nature Of Disposal: DISMISSED
Disposal Date: 10-03-2022

Additional Case Details

Additional Case Details
Filing Number: 105462/2019
Filing Date: 04-05-2019
First Hearing Date: 29th November 2019
Decision Date: 10th March 2022
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1
10 Mar 2022
Order Details: Order below exhibit
Pdf Text: .. 1..
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
ORDER BELOW EXH.1
IN
COMMERCIAL SUIT NO.146 OF 2019
Bank of Baroda ...Plaintiff
V/s
M/s.Priyal Tours and Travels & Anr. ...Defendants
ORDER BELOW EXH.1
Read the application, Exh.6 and today's order passed
thereon. The plaintiff wants to withdraw the suit unconditionally. In
view of order below Exh.6, the plaintiff is allowed to withdraw the suit
unconditionally. Hence, I pass the following order.
ORDER
1. Suit is dismissed as withdrawn unconditionally.
2. Parties to bear their own costs.
3. The plaintiff is entitled for refund of Court fees as per rules.
(Rajesh A. Sasne)
Judge
10.03.2022 City Civil Court, Gr. Mumbai.
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