Final Order 1

Order Details: Other
Pdf Text: 20.04.2024 Coram : HHJ Shri V. S. Hingne, Additional District Judge, (Court Room
No.31 : Commercial Court, Mumbai)
Sr. No.48
Commercial
Suit No.
100272/2024
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 % 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.
Judge
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