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Commercial Suit

Canara BankVsMr. Krunal Gautam Gaikwad

CNR MHCC01006617201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 05th April 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100052/2019
Registration Date
11 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Canara Bank

    Respondent

    1. 1Mr. Krunal Gautam Gaikwad

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-08-2019
Business: P.O. is on training.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Adv. Jyotsna for plaintiff present.
None present for plaintiff.
Exh.1- Plaint
Exh. 2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh. 5- Affidavit of service filed by adv. for plaintiff.
O-Seen.
Adjd. to 13.02.2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. Jyotsna for plaintiff
The plaintiff requested for adjournment. Adjd to 16-06-2020.
Lo it is noticed that the suit is commercial suit and it being so the date is preponed to 18-02-2020. The plaintiff to note.
Adjd to 18-02-2020 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Adv. Jyotsna for plaintiff filed Draft Ch/s @ affidavit.
The affidavit of service Exh.5 shows that summons sent to the defendant by RPAD on both the addresses returned with remarks \''Left\''. Considering same circumstance and the contentions in the affidavit in support of Ch/s, it is clear that summons by ordinary course may not be served on the defendant. This is fit case to issue summons by substituted service. Hence, the chamber summons is allowed. Issue summons to the defendant on both addresses by substituted mode of service by pasting on the conspicuous place of the addresses and also by newspaper publication in regional language and in english being circulated in the area of the address of the defendant. The chamber summons is disposed.
Adjd for service 02-04-2020
Next Purpose: SERVICE
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 24-04-2020

Date: 24-04-2020
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: 15-05-2020

Date: 15-05-2020
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: 04-06-2020

Date: 04-06-2020
Next Purpose: SERVICE
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 06-07-2020

Date: 06-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 06-08-2020

Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 17.10.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Business: As Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 03-11-2020

Date: 03-11-2020
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  24/11/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 24-11-2020

Date: 24-11-2020
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   16/12/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Adv.Sivoj Sule for plaintiff present.
None for defendant.
In view of order dtd.18.02.2020 substitute service of summons was allowed by allowing ch/s. However till today plaintiff fail to file affidavit of service.
Today also plaintiff fail to file affidavit of service.
Adjd to 15.01.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Adv.Sule for  plaintiff present.
Writ of service of summons not filed by plaintiff.
Matter adjd to 27-01-2021 for order.
Next Purpose: ORDER
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Adv.Mr.Sule for plaintiff present.
None present for defendant.
Bank Officer, Ms.Joyita Sur present.
Adv.of plaintiff filed affidavit of service of writ of summons, Exh.6 by publication t.o.r.
O-Pursuant to the order dated 18.12.2020, the plaintiff was permitted to issue summons to the defendant by publication in regional newspaper and in English. Accordingly, the plaintiff had publish summons in \''Business Standard\'' English paper and \''Navrashtra\'' in Marathi on 25.02.2020. Inspite of publication of summons in the daily newspapers the defendant had not appeared in the suit. The suit to proceed Ex-parte against him.
Matter adjd to 17.02.2021 for filing statement of truth and evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv.Mr.Sule for plaintiff present.
None present for defendant.
Adv. of plaintiff filed adjournment application, Exh.7 t.o.r.
Matter adjd to 26.02.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Representative of plaintiff present.
Adv. Jyotsna Putran  for plaintiff present.
Adv.for defendant absent.
Ld. Adv. informs that there is typographical error in point no. 1 of the plaint.  It is submitted that the plaintiff intends to file for the correction.  She prays for adjournment.  Adjournment granted.
Matter adjd to 16.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv.Jyotsna Dothran for plaintiff present.
None present for defendant.
Ld.Adv.for the plaintiff seeks for time to take steps.
Adjournment application, Exh.8 filed by Adv. of plaintiff t.o.r.
O-granted as last chance.
Matter adjd to 05.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: Adv.Jyotsna Puthran for plaintiff present.
None present for defendant.
Adv. of plaintiff filed withdrawal application, Exh.9 t.o.r.
ORDER ON APPLICATION EXH.9
           The plaintiff submitting that the defendant has settled the account. The plaintiff therefore had prayed for withdrawal of suit. The account of the defendant as it settled, the plaintiff permitted to withdraw the suit without liberty to file fresh suit. The suit stands disposed of. The Notice of motion, draft chamber summons, if any, stands disposed of. The court fee to which the plaintiff if found entitled be refunded back.
Nature Of Disposal: WITHDRAWL
Disposal Date: 05-04-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 107123/2019
Filing Date: 29-06-2019
First Hearing Date: 09th August 2019
Decision Date: 05th April 2021
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    05 Apr 2021
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
Case No. :Commercial Suit/0100052/2019
Canara Bank Vs Mr. Krunal Gautam Gaikwad
Date : 05-04-2021
Business : Adv.Jyotsna Puthran for plaintiff present. None present for
defendant. Adv. of plaintiff filed withdrawal application,
Exh.9 t.o.r. ORDER ON APPLICATION EXH.9 The
plaintiff submitting that the defendant has settled the
account. The plaintiff therefore had prayed for withdrawal
of suit. The account of the defendant as it settled, the
plaintiff permitted to withdraw the suit without liberty to
file fresh suit. The suit stands disposed of. The Notice of
motion, draft chamber summons, if any, stands disposed of.
The court fee to which the plaintiff if found entitled be
refunded back.
Nature of Disposal : WITHDRAWL
Disposal Date : 05-04-2021
COURT 32 ADD. SESSIONS JUDGE
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