Date: 24-10-2018
Business: None for the Plff.
Issue fresh writ of summons against deft.
Adj. For Service affidavit of writ of summons on 27/02/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: None Present for the Plff.
Awaited service report.
Adj. For service affidavit on 26/04/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: None Present for the Plff.
No steps taken by plff. No service affidavit filed.
Adj. for Dismissal order on 03/08/2019.
Next Purpose: DISMISSAL
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: Adv. Aarti Bhide for plaintiff present.
Exh.2 Service affidavit filed by plaintiff. TOR. The postal acknowledgement bears the signature of defendant. At the same time the postal envelop also returned with remarks \''\''Party Left\''\''. So there is confusing situation as to whether really there was service on defendant. In order to avoid said conclusion Ld. Counsel for plaintiff undertakes to sent writ of summons once again to the defendant by RPAD.
Matter adjd for compliance on 07/10/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: PO is on leave. Hence adjourned on next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: None present.
Perused Roznama dated 03/08/2019. As per said roznama plaintiff advocate undertook to send writ of summons once again to the defendant by R.P.A.D.
Matter adjd for filing service affidavit to 27/03/2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Business: National lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lockdown due to Covid 19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned 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 22/10/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for affidavit of service to 06.01.2021.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv. Aarti Bhide for plaintiff , prayed for fresh service of summons.
Plaintiff to serve the summons through bailiff and by RPAD. Plaintiff may communicate with him. Mobile no. of defendant is mentioned on page no.15 with plaint.
None for defendant.
Matter is adjd.to 02-02-2021 for Affidavit of service.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Sarita Sonavane for plaintiff , prayed for adjournment.
None for defendant
Matter is adjd.to 23-03-2021 for writ of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv. Mrs. Aarti Bhide 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 23.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 02.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 31.07.2021 for writ/sum.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 31-07-2021
Date: 31-07-2021
Business: Plaintiff and Adv. absent.
Plaintiff is directed to take step regarding service of writ of summons.
Adjd to 09-09-2021 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Both parties are absent.
Matter is adjd.to 22.10.2021 for service of W/S.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: None for plaintiff.
The plaintiff is directed to take steps for service of writ of summons upon the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd.to 26-11-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv. Aarti Bhide for plaintiff present and prayed for adjournment to file service affidavit.
Matter is adjd.to 04-01-2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv. Sarita Sonawane for plaintiff present and prayed for adjournment to file service affidavit – short date be given.
Matter is adjd.to 03-02-2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: None for plaintiff.
Matter is adjd.to 28-02-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: None for plaintiff.
Matter is adjd.to 19-03-2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: None for plaintiff.
Matter is adjd.to 21-04-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: None for plaintiff.
Matter is adjd.to 27-06-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: None present when called.
Adjd for affidavit of service to 14/09/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: None for plff.
Plff. is directed to serve the Writ of Summons to the deft. and to file Affidavit.
Adjd. to 09.12.2022 for filing Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Adv. Yogesh Pandey for plaintiff present and orally prayed for issuance of fresh writ of summons. O- Granted as prayed.
Adjd for affidavit of service to 11/01/2023
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: None for plaintiff.
None for defendant.
plaintiff is directed to file affidavit of service of writ of summons on or before next date.
Case adjourned for affidavit of service to 13-02-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: PO on leave. Board discharged. Matter adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: None present.
Plaintiff is directed to file affidavit of service.
Case is adjourned to 19.04.2023 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: None present.
Plaintiff is directed to file affidavit of service.
Case is adjourned for affidavit of service to 27-06-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: Canara Bank Vs Rajendra Pandurang Malusare
All called, but absent
Suit is of 2021 and plaintiff is yet to effect service on defendant.
Plaintiff to take step. Else, put for necessary order.
Matter adjourned to 03.07.2023 for Dismissal Order.
Next Purpose: DISMISSAL
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: Canara Bank Vs Rajendra Pandurang Malusare
Adv. Sarita Sonawane present for plaintiff.
Exh.3- Application for adjournment. O- Allowed.
Plaintiff to takes step. Else, put for necessary Order.
Matter adjourned to 03.10.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Canara Bank Vs Rajendra Pandurang Malusare
Adv. Aarti Bhide present for plaintiff.
She is seeking oral adjournment to take steps regarding service by way of Paper Publication.
Matter adjourned to 24.11.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-11-2023
Date: 24-11-2023
Business: Canara Bank V/s Rajendra Malusare
All called, but absent.
Parties to take step. Else, put for dismissal order.
Case adjourned to 07.12.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Canara Bank V/s Rajendra Malusare
Adv. Ms. Sarita Sonawane present for plaintiff.
None for defendant.
Exh. 4 – Application for extension of time
O – Time extended to effect service.
Case adjourned to 08.04.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: Canara Bank V/s Rajendra Malusare
On 02.01.2024, Court hall is shifted from City Civil Court Building, Fort, Mumbai to Mazgaon Court Building, Mazgaon, Mumbai.
Plaintiff side called, but absent.
Plaintiff to take steps regarding service.
Suit adjourned to 20.04.2024 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-04-2024
Date: 20-04-2024
Business: Canara Bank Vs Rajendra Malusare
All called, but absent.
Suit is filed on 04.06.2018, as Summary Suit No. 102654 / 2018, for recovery of Rs. 5,50,558/- with interest @ of 10.75 percent per annum.
Subseqently, it was re-registered as Commercial Suit No. 100272 / 2021.
Till date, plaintiff has failed to secure presence of defendants, who are resident of Mumbai.
Roznama shows that, plaintiff is taking steps intermitantly.
Vide roznama Orders Dt. 19.10.2022, 11.01.2023, 21.03.2023, 19.04.2023, 27.06.2023, 03.07.2023, 24.11.2023 and 08.04.2024, plaintiff was directed to take steps. But, plaintiff either filed applications for adjournment or sought oral adjournement. Despite above roznama Orders, plaintiff failed to take effective steps, so that there can be proper service.
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. 100272 / 2021, Canara Bank V/s Rajendra Malusare, is dismissed in default.
2. Order dictated and pronounced in open Court at 17.00 Hrs.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-04-2024