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Commercial Suit

The Union Bank of India Through Yogesh MeenaVsM/s. CGK Distributors +1 more

CNR MHCC01005213202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st October 2023

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
100196/2022
Registration Date
22 Mar 2022

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 201 · Sec (c) (i) · 1 · 2

    Case History / Proceedings

    Case History
    Date: 21-04-2022
    Business: Adv. Sagar Chaturvedi for plaintiff present.  He prayed for extension of time for service of writ of summons to defts.
    O. - Extension of time for service of writ of summons to defts. is granted.
    The matter is adjd for affidavit of service to 23.06.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: Adv. Sagar Chaturvedi for plaintiff present.  He prayed for extension of time for service of writ of summons to defts. O. - Extension of time for service of writ of summons to defts. is granted.
    The matter is adjd for affidavit of service to 21.07.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: Adv. Vinod Chaturvedi for plaintiff present. He sought time for filing service affidavit. Time as prayed for is granted.
    The matter is adjd for affidavit of service to 17.08.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: None present.
    The matter is adjd for filing service affidavit to 23.09.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: The Court is Vacant.
    Hence, Matter is Adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: The Court is Vacant.
    Hence, The Matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: The Court is Vacant.
    Hence, The matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: The court is vacant. Hence, Matter is adjd.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-03-2023
    
    Date: 31-03-2023
    Business: The court is vacant.
    Hence, matter is adjd to.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-04-2023
    
    Date: 21-04-2023
    Business: As court is vacant.Hence, matter is adjd to.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: The Union Bank of India Vs M/s. CGK Distributors
    Case is received under transfer from Court Room No.14
    All called, but absent
    Parties to take steps. Else, put for necessary order.
    Adjourned to 21.10.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: The Union Bank of India V/s CGK Distributors
    All called, but absent.
    Suit is filed on 12.11.2020 as Stamp No. 5646 / 2020 for recovery of Rs.11,58,391.56/- with interest @ of 10.55 percent per annum.
    Thereafter, Suit got renumbered as Commercial Suit No. 100196 / 2022.
    Till date, plaintiff has failed to secure presence of defendants who are resident of Mumbai.
    Roznama shows that, plaintiff is regularly remaining absent.
    Vide Order Dt. 20.07.2023, the plaintiff was directed to take steps. Despite that, plaintiff failed to take steps.
    
    Sufficient time and opportunities were available to the plaintiff for taking steps.
    It appears that, plaintiff is not interested in trial and hence, is not taking any steps. It is also not his case that, the dispute is subjudice before the Honorable Appellate Court  and hence he is not taking any steps.
    No reason is forthcoming for absence and inactivity of plaintiff. Therefore, no purpose would be served by keeping the Suit pending for indefinite period. Hence, following order is passed.
    Order
    1.  Commercial Suit No. 100196 / 2022, The Union Bank of India V/s CGK Distributors, is dismissed for want of prosecution.
    2.  Order dictated and pronounced in open Court at 17.10 Hrs.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 21-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105646/2020
    Filing Date: 12-11-2020
    First Hearing Date: 21st April 2022
    Decision Date: 21st October 2023
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Oct 2023

    Order Details: Other Pdf Text: 21.10.2023 Coram : HHJ Shri V. S. Hingne, Additional Judge, (Court Room No.31) Sr. No.33 Commercial Suit No. 100196/2022 The Union Bank of India V/s CGK Distributors All called, but absent. Suit is filed on 12.11.2020 as Stamp No. 5646 / 2020 for recovery of Rs.11,58,391.56/- with interest @ of 10.55 % per annum. Thereafter, Suit got renumbered as Commercial Suit No. 100196 / 2022. Till date, plaintiff has failed to secure presence of defendants…

    Read Full Order

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