Date: 13-06-2019
Business: Matter called out (11.47 am)
Adv.Mugdha Sawant for plaintiff present.
Adv. seeking time to file C/S for amendment of title clause of plaintiff bank. Time granted by way last chance.
Matter adj for taking steps on 19/07/19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: Matter called out (11.52 am)
Adv.Shraddha Agarwal for plaintiff present.
At the request of plaintiff.
Matter adj for hearing on C/S on 21/09/19.
Later on
Plaintiff tendered draft Chamber Summons alongwith affidavit for amendment in title clause.
O-Leave is granted to register the Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 21-09-2019
Date: 21-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Shaileja Shukla for plaintiff present.
Adv.for defendant absent.
ORDER below Chamber summons No. 1704/2019.
1) Chamber summons No 1704/2019 is allowed.
2) Plaintiff is permitted to amend cause title within 14 days.
3) After amendment plaintiff has directed to file copy of plaint.
4) Chamber summons no. 1704/2019 be disposed of in above term.
Matter adjd to 05.10.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Dubey for plaintiff present.
Adv. for defendant absent.
R and P not trace out.
Matter adjd to 25.02.2020 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Shailaja Shukla for plaintiff present.
None for defendant.
Appln. for issuance of summons filed by adv. for plaintiff.
Matter adjd to 24/4/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: None present.
Adjd to 23-02-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv. Mishra for plaintiff filed application for extension of time to serve writ of summons. O- Allowed.
Adjd to 09-07-2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv Mishra for plaintiff present.
None for defendant.
Matter is adjd.to 24/09/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv. Saraswati Purohit for plaintiff present and filed affidavit of service with original writ of summons and two returned envelopes t.o.r. and marked as Exh.3
Matter is adjd.to 11-01-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv. Rushabh Mishra for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 16-02-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv. Mugdha R. Sawant for plaintiff present and tendered draft C/S with supporting affidavit t.o.r. and Leave is granted to register the C/S.
None for defendant
Matter is adjd.to 09-03-2022 for filing registered C/S.
Next Purpose: FOR___________________
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv. Saraswati Purohit for plaintiff present and filed original registered C/S No. 270/22 with supporting affidavit t.o.r.
None for defendant
Matter is adjd.to 21-03-2022 for C/S Reply/order.
Next Purpose: ORDER
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv. Sarswati Purohit for plaintiff present.
As the defendants could not be served with writ of summons as per affidavit of service Exh.3, the plaintiff is justified in seeking substituted service. Hence, CS No.270/22 is made absolute in terms of prayer clause a. issue fresh writ of summons for substituted service upon defendants no.1 and 2 by publishing in Business Standard and Pudhari. Time is extended for service of writ of summons. CS No.270/22 is disposed off.
Matter is adjd.to 13-06-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv. Saraswati Rajpurohit for plaintiff present
Exh-4 Application filed by adv. for plaintiff for extension of time for paper publication. O- Time granted.
Adjd for affidavit of service to 03/08/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Pooja Tripathi for plaintiff present.
Exh-5 Application for extension of time for paper publication. O- Granted time
Adjd for affidavit of service to 07/09/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Adv. Pooja Tripathi for plaintiff present and sought time for filing affidavit of service by way of substituted service. Granted as last chance.
Adjd for affidavit of service to 02/12/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: PO on leave. Board discharged. Matter adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: Adv. Manisha Wishwakarma h/f Rajkumar Shukla for plaintiff present and sought time to file affidavit of service. O- time granted.
Adv. for defendant present.
Case is adjourned to 05.06.2023 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: All called, but absent.
Parties to expedite. Else, put for necessary order.
Matter adjourned to 19.06.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Dena Bank Vs M/s. Shree Samarth Tours and Travels 2. shri Swapnil Dilip Gadekar
Adv. Manisha Vishwakarma present for plaintiff.
Perused affidavit of service at Exh.3. The summons are returned with endorsement, Not Known.
Plaintiff to takes, step. Else, put for necessary order.
Matter adjourned to 09.10.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: Dena Bank Vs M/s. Shree Samarth Tours and Travels 2. shri Swapnil Dilip Gadekar
Plaintiff side called, but absent.
Suit is filed on 15.06.2018 as Commercial Suit No. 10768/2021 for recovery of Rs.3,72,209.81/- with interest @ of 11.25 percent per annum.
Till date, plaintiff has failed to secure presence of defendants who are resident of Mumbai.
Vide Order Dt. 04.11.2022, 05.06.2023 an 19.06.2023, the plaintiff was directed to take steps regarding service. Despite that, plaintiff failed to take steps.
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 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. 100768 / 2021, Dena Bank Vs M/s. Shree Samarth Tours and Travels 2. shri Swapnil Dilip Gadekar, is dismissed for want of prosecution.
2. Order dictated and pronounced in open Court at 16.00 Hrs.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 09-10-2023
