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Commercial Suit

Union Bank of IndiaVsM/s. Sayara Tours and Travels +1 more

CNR MHCC01005547201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 28th April 2022

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100216/2019
Registration Date
26 Nov 2019

Advocates

2

Parties

3

Acts & Sections

1
MAHARASHTRA COURT FEES ACT · Sec 138

Case History / Proceedings

Case History
Date: 06-01-2020
Business: Plaintiff and Adv. for plff both are absent.
Matter adjd for steps on 21/01/2020 at 11.00 am
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Plaintiff and Advocate for plaintiff both are absent.
Perused roznama dt. 02/11/2019. As per the said roznama, it is directed to register the suit. Hence issue writ of summons to defendant and plaintiff to file service affidavit.
Matter adjd for service affidavit on 31/01/2020 at 11.00 am
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: None present.
Matter adjd for service affidavit to 04-02-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: None present.
Matter adjd for service affidavit to 24-02-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: None present.
Matter adjd for service affidavit to 16-03-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Advocate for plaintiff is present and filed application at Exh.___  for extension of time to serve writ of summons. O- Allowed.
None present for defendant.
Adjourned for service affidavit to 03.04.2020.
                                                                               Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-05-2020

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

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-07-2020

Date: 04-07-2020
Business: Lockdown due to COVID-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-07-2020

Date: 30-07-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2020

Date: 29-08-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for service of affidavit to 26/10/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: Plaintiff and their advocates are absent when called out.
Adjourned for filing service affidavit on 12.01.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Ekta Ponikar for plaintiff present.
None for defendant
Exh. 2 - application submitted by plaintiff for issuance of fresh summons. -  allowed.
Matter is adjd.to 26-03-2021 for affidavit of service.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 11.06.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 13-07-2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: None for plaintiff.
On perusal of record it appears that it appears that the plaintiff had taken steps lastly on 16-03-2020 by filing application for extension of time to serve writ of summons. Thereafter he failed to place on record affidavit of service. Hence, the plaintiff is directed to issue writ of summons to the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd.to 05-10-2021 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None for plaintiff.
The plaintiff fail to take steps as per roznama dtd. 25-08-2021. Hence, the case is kept for dismissal order.
Matter is adjd.to   26-11-2021 for dismissal order.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Adv. Aarti Tarte for plaintiff present   and filed application for extension of time for serve the writ of summons  to deft. t.o.r. - Allowed as prayed. Time is extended for service of writ of summons upon the defendants.
Matter is adjd.to 12-01-2022 for  writ of sumons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: None for plaintiff.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: Adv. Ms. Aarti Tarte for plaintiff present and filed affidavit of service with original writ of summons and two acknowledgements, t.o.r. and marked as Exh.2.
Matter is adjd.to 16-03-2021 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Arati Tarte for plaintiff present.
None for defendant.
On perusal of record, it appears that writ of summons was sent to  defendants no. 1 and 2 through RPAD and they are duly served with writ of summons as per two acknowledgments annexed  with affidavit of service Exh.2. Defendants no. 1 and 2 failed to appear. Hence, suit to proceed ex parte against   defendants no. 1 and 2.
Matter is adjd.to  06-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Adv. Sonali Koyande for plaintiff present and filed application for adjournment to withdraw the suit t.o.r. and marked as Exh. 3 - adjournment granted.
Matter is adjd.to28-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: Adv. Sonali Koyande for plaintiff along with authorized representative of plaintiff namely Harsh Goyal present and  filed  application for withdrawal of the suit. t.o.r. and marked as Exh.4
        Adv. Sonali Koyande for plaintiff submitted that the plaintiff does not want to continue the suit proceeding because the matter is already settled and the plaintiff does not want to continue the suit proceedings. Authorized representative of plaintiff namely Harsh Goyal  has admitted his signature on the application and expressed desire of withdrawing the suit.  Considering contents in Exh.4 and submission of Ld. Adv. Sonali Koyande, I passed the following order -
Order
1. Application Exh.4  is allowed.
2.Commercial Suit No. 216/19 is disposed off as withdrawn.
3.Court fees be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly.
4. Parties shall bear their own costs.
5. Proceeding closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 28-04-2022

Additional Case Details

Additional Case Details
Filing Number: 106011/2019
Filing Date: 06-06-2019
First Hearing Date: 06th January 2020
Decision Date: 28th April 2022
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

1
Final Order 1
28 Apr 2022
Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
Case No. :Commercial Suit/0100216/2019
Union Bank of India Vs M/s. Sayara Tours and Travels
Date : 28-04-2022
Business : Adv. Sonali Koyande for plaintiff along with authorized
representative of plaintiff namely Harsh Goyal present and
filed application for withdrawal of the suit. t.o.r. and marked
as Exh.4 Adv. Sonali Koyande for plaintiff submitted that
the plaintiff does not want to continue the suit proceeding
because the matter is already settled and the plaintiff does
not want to continue the suit proceedings. Authorized
representative of plaintiff namely Harsh Goyal has admitted
his signature on the application and expressed desire of
withdrawing the suit. Considering contents in Exh.4 and
submission of Ld. Adv. Sonali Koyande, I passed the
following order - Order 1. Application Exh.4 is allowed.
2.Commercial Suit No. 216/19 is disposed off as withdrawn.
3.Court fees be refunded to the Plaintiff as per rules and
Refund Certificate be issued accordingly. 4. Parties shall
bear their own costs. 5. Proceeding closed.
Nature of Disposal : WITHDRAWL
Disposal Date : 28-04-2022
COURT 31 ADDL SESSIONS JUDGE
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