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

Date: 02-07-2018
Business: Adv. Mr. Subhash Menoon for plaintiff is present.
Ld. Counsel for plaintiff sought time to file service of affidavit. Granted.
Matter is adj. for service of affidavit to 02/08/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2018

Date: 02-08-2018
Business: PO is on mediation Training.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-09-2018

Date: 04-09-2018
Business: Adv. Subhash Menon Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff filed original writ of summons. t.o.r.
Ld counsel for the Plff filed affidavit of service of writ of summons. t.o.r. along
As per service affidavit the RPAD envelop returned back with postal endorsement intimated and door closed. Hence plff to take necessary steps of proper service of writ of summons.
Adj. For Steps on 25/10/2018.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-10-2018

Date: 25-10-2018
Business: Adv. Patole Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed draft CS alongwith affidavit.
Order- Heard. Leave Granted to register the CS for statistical purpose, as it is made absolute in terms of prayer clause-(a) for publishing the writ of summons upon deft for service in daily news paper Free Press Journal and Navshakati and prayer clause (b) issuing fresh writ of summons against the deft through Board Department. No order as to costs. Service affidavit be filed on 28/01/2019.
Adj. For Service affidavit on 28/01/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: None Present for the Plff.
No service affidavit tendered. No steps taken by Plff. Hence matter kept for DID order on 20/04/2019.
Next Purpose: DISMISSAL
Next Hearing Date: 20-04-2019

Date: 20-04-2019
Business: Adv. Abhishek Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed draft CS along with affidavit. t.o.r.
Order- Heard. Leave granted. CS be registered for statistical purpose only. As it is made absolute interns of prayer clause (a). Plff to file service affidavit of paper publication as per order dt. 25/10/2018 of draft CS. Plff to tender earlier draft CS by getting it registered. Service affidavit be filed on 09/08/2019.
Adj. for Service affidavit and CS returnable on 09/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Today PO is on leave (2nd Session), hence adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: None present for plaintiff.
Matter adjd for service affidavit and registered CS on 30/11/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-11-2019

Date: 30-11-2019
Business: Adv. Abhishek Kotulkar for plaintiff present.
None Present for the Deft.
Exh.04. Adv. for plff tendered service affidavit of paper publication alongwith writ of summons. t.o.r.
Matter adjd for order against deft on 10/02/2020.
Next Purpose: ORDER
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: H.H.J. is on leave
Next Purpose: ORDER
Next Hearing Date: 25-02-2020

Date: 10-02-2020
Business: H.H.J. is on leave
Next Purpose: ORDER
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Adv. Purnima Ravichandra for plaintiff present.
None for defendant.
KB L.O. at 04.14 pm.
Heard plaintiff advocate. Perused affidavit of service Ex.03. It is mentioned therein that writ of summons and true copies are sent through RPAD to defendants on 22-06-2018. Both the packets returned on 01-07-2018 without service. The packet addressed to defendant no.1 is received with endorsement - intimation return to sender. Second packet addressed to defendant no.2 is received with endorsement - door closed. Perused service affidavit of paper publication Ex.04. It is mentioned therein that writ of summons are issued to the defendants through paper publication in two papers dated 08-08-2019. Perused roznama dated 20-04-2019. As per the said roznama plaintiff draft chamber summons is disposed of and plaintiff is permitted to serve writ of summon by paper publication. Defendants are absent. Hence, both the defendants be proceeded exparte. Suit is proceeded ex-parte against both defendants.
Ld Adv for plaintiff tendered original registered Chamber Summons No. 1318/2019 along with affidavit which is already disposed on 20-04-2019.
Matter adjd for ex-parte evidence to 07-03-2020 at 11.00 am.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Adv. Purnima Ravichandra for plaintiff present.
None for defendant.
Suit already proceeded ex-parte against defendants.
She seeks time to lead evidence. Time granted till next date.
Matter adjd for filing exparte evidence to 18-03-2020 at 11.00 am.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Both the parties and their advs are absent.
Adjourned for exparte evidence to 30.03.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-07-2020

Date: 15-07-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 19.01.2021.
                                                                                Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Adv. Shilpa Singh for plaintiff, prayed for adjournment.
None for defendant
Matter is adjd.to 04-02-2021 for hearing (ex-parte).
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 04-03-2021 for hrg. (ex-parte).
Next Purpose: HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv. Ms. Shilpa Singh for plaintiff present.
None for defendant.
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The  Commercial Court.
      Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 05.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: None for plaintiff and defendant.
    (In view of note-sheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment.
   Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit).
Matter is adjd.to 21.06.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Both the parties absent when called out.
Matter is adjd.to 05-08-2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 16-09-2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Both parties are absent when matter called out.
Matter is adjd.to 18-10-2021 for Hrg.
Next Purpose: HEARING
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: None for plaintiff.
None for defendant
Matter is adjd.to 20-12-2021 for Hrg.
Next Purpose: HEARING
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Both parties are absent when matter called out.
Matter is adjd.to  18-01-2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: None for plaintiff.
Matter is adjd.to 14-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: None for plaintiff.
None for defendant.
Matter is adjd.to  05-03-2022 for exparty evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-03-2022

Date: 05-03-2022
Business: None for plaintiff.
Matter is adjd.to 30-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: None for plaintiff.
Matter is adjd.to 22-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: None for plaintiff.
Matter is adjd.to 29-06-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: None present when called.
Plaintiff is not appearing since last several dates. It seems that plaintiff is not interested to proceed hence keep for dismissal order.
Adjd for dismissal order to  20/08/2022
Next Purpose: DISMISSAL
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: None present when called.
Adjd for dismissal to 17/09/2022
Next Purpose: DISMISSAL
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Court is on leave
Next Purpose: DISMISSAL
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: None present when called.
Adjd for dismissal to 19/11/2022
Next Purpose: DISMISSAL
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: None present when called out.
Adjd. to 30.11.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: None present when called out.
Adjd to 17.12.2022 for passing Dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: None present when called.
Adjd for dismissal to 07/01/2023
Next Purpose: DISMISSAL
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: None present when called in morning session. Matter kept in afternoon session for passing order.
Kb L. O  at 3.30 pm
None present when called.
 Order passed below Exh.1
The suit is pending for exparte hearing from the year 2020. Plaintiff not adduced evidence from several dates. Plaintiff and advocate are absent since so many dates. It seems that plaintiff is not interest to proceed with the matter. Hence Commercial suit no. 242 of 2021 is dismissed for want of prosecution.
Parties to bear their respective costs.
Proceeding closed.
Nature Of Disposal: DISMISSED
Disposal Date: 07-01-2023

CHAMBER SUMMONS/101318/2019

Registration Number: 100242/2021
Transfer Date: 13-03-2020
From Court: 20 - COURT 20 ADDL SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Filing Number: 106716/2018
Filing Date: 05-05-2018
First Hearing Date: 02nd July 2018
Decision Date: 07th January 2023
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE