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Commercial Suit

Dena BankVsM/s. Sai tours and Travels +1 more

CNR MHCC01005565201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 02nd March 2022

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100081/2019
Registration Date
16 Aug 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: 16-09-2019
Business: Fresh matter assigned to this Court.
None present for plaintiff.
Issue writ of summons to defendant.
Matter adjd for service affidavit on 03/10/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: None present for plaintiff.
Matter adjd for service affidavit on 02/11/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: None present for plaintiff.
Matter adjd for service affidavit on 03/12/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: None present.
Matter adjd for affidavit of service on 9.1.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Karuna Adangale for plaintiff present.
Ld counsel for the Plff filed Draft CS alongwith affidavit. t.o.r.
Order- Heard. Leave granted. CS be registered. Copy be served upon otherside. Service affidavit be filed.
Matter adjd for tendering registered CS alongwith affidavit and service affidavit on 20/01/2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Sanjay Upadhaye  for plaintiff present.
The Ld Adv appearing for plff submits that CS alongwith affidavit are given to the board Dept for registration and it is yet to receive.
Matter adjd for tendering registered CS alongwith affidavit and affidavit of service on 27/01/2020 at 11.00 am
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Adv. Karuna Adangale  for plaintiff present.
Adv. for plff tendered registered original CS No.108/2020 alongwith affidavit. TOR.
Kb.
F.R.S.R. following order is passed.
ORDER
Chamber Summons No. 108/2020 is allowed as under
1. Plaintiff is permitted to amend the plaint as per the schedule filed with affidavit in support of Chamber Summons.
2. The Plaintiff is directed to carry out amendment as mentioned above within 14 days from the date of this order.
3. The Plaintiff is directed to file on record amended copy of the plaint for Court record and for defendants till next date.
4. After filing amended copy of the plaint on record, it be served to the defendants on required process fee.
5. Chamber summons is disposed of accordingly.
Matter adjd for Compliance on 17/02/2020 at 11.00 am
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Kruna Adangale for plaintiff present.
None for defendant.
Ex.02   Ld adv for plff filed application for extension of time to carry out amendment. Heard plff advocate. Order passed on the application. Time granted till next date to comply the order passed in C/S no. 108/2020, dated 27-01-2020.
Matter adj. for compliance to 29-02-2020 at 11.00 am.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: None present.
KB L.O. at 12.28 pm
Adv Karuna Adangale for plaintiff present.
Issue writ of summons to defendant.
Matter adjd for affidavit service to 13-03-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv. Karuna Adangale for plaintiff present.
None for defendant present.
Adv. for plaintiff filed service affidavit. t.o.r. It is marked as Exh. 03 O. Seen.
The matter is transferred to C.R. 31 as per office order no. 60/2020 dated 11-03-2020
Matter adjd for hearing and order against defendant to
20-03-2020 at 11.00 am.
Next Purpose: HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for evidence of plaintiff to 07.04.2020.
                                                                               Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 28-01-2021 for service of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Karuna Adangale for plaintiff prayed for time to take proper steps.
None for defendant
Matter is adjd.to 11-03-2021 for steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv. Ms. Karuna Adangale for plaintiff present.
None for defendant.
Matter is adjd.to 25.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: Adv. Ms. Karuna Adangale for plaintiff present.
None for defendant.
Exh.4- Draft Ch/s a/w affidavit filed by plff., it is treated as application. As summons by RPAD returned as \''Not known\'', therefore, summons by publication in Local Two news papers is allowed.
Matter is adjd.to 10.06.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 20.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 24-09-2021 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Adv. Sanjay Upadhyay for plaintiff present and filed application for extension of time for paper publication. t.o.r. and allowed.
None for defendant
Matter is adjd.to 22-11-2021 for writ of summons by way
of paper publication.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Both parties are absent when matter called out.
Matter is adjd.to 18-12-2021 for compliance..
Next Purpose: COMPLIANCE
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Adv. Karuna Adagale for plaintiff present and filed affidavit of service with original writ of summons  t.o.r. and marked as Exh.5colly.
Matter is adjd.to 19-01-2022 for ex parte order
Next Purpose: FOR___________________
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Adv. Mr. Sanjay Upadhyay for plaintiff present.
On perusal of record, it appears that writ of summons was published in newspapers i.e. Free Press Journal and Navshakti on 01/11/2021 as a substituted service as per affidavit of service Exh.5. Defendants no.1 and 2 failed to appear. Hence, suit to proceed ex parte against the defendants no.1 and 2.
Matter is adjd.to 10-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: None for plaintiff.
 Matter is adjd.to 02-03-2022 for ex part evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Adv. Sanjay Upadhyay alongwith authorised representative of plaintiff namely Manishsingh Thakur  present and filed application for withdrawal t.o.r. and marked as Exh.6
        Adv. Sanjay Upadhyay  for plaintiff submitted that the plaintiff does not want to continue the suit proceeding  due to payment of loan amount by the defendants in OTS scheme.  Authorised representative of plaintiff namely Manishsingh Thakur has admitted his signature on the application and expressed desire of withdrawing the suit.  Considering contents in Exh.6 and submission of Ld. Adv. Sanjay Upadhyay , I passed the following order -
Order
1. Application Exh.6  is allowed.
2. Commercial  Suit No.81/19 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: 02-03-2022

Additional Case Details

Additional Case Details
Filing Number: 105970/2019
Filing Date: 04-06-2019
First Hearing Date: 16th September 2019
Decision Date: 02nd March 2022
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

1
Final Order 1
02 Mar 2022
Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
Case No. :Commercial Suit/0100081/2019
Dena Bank Vs M/s. Sai Tours and Travels
Date : 02-03-2022
Business : Adv. Sanjay Upadhyay alongwith authorised representative
of plaintiff namely Manishsingh Thakur present and filed
application for withdrawal t.o.r. and marked as Exh.6 Adv.
Sanjay Upadhyay for plaintiff submitted that the plaintiff
does not want to continue the suit proceeding due to
payment of loan amount by the defendants in OTS scheme.
Authorised representative of plaintiff namely Manishsingh
Thakur has admitted his signature on the application and
expressed desire of withdrawing the suit. Considering
contents in Exh.6 and submission of Ld. Adv. Sanjay
Upadhyay , I passed the following order - Order 1.
Application Exh.6 is allowed. 2. Commercial Suit No.81/19
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 : 02-03-2022
COURT 31 ADDL SESSIONS JUDGE
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