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Commercial Suit

BANK OF BARODAVsMr. Kailash Premlal Devikar

CNR MHCC01006901201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 30th January 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100233/2019
Registration Date
28 Nov 2019

Advocates

2

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 07-01-2020
Business: Adv for plaintiff Mr.Shraddha Agarwal present.
None for the defendant.
Issue suit summons to defendant.
Matter is Adjd for Directions to 07.02.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv for plaintiff Ms.Shailaja Shukla present.
Deft present.
Adv for plff. filed Affidavit of Service with the remark that postal acknowledgement is produced having signature of deft. T.O.R.
Deft requested for adjournment orally for appointing advocate.
O-Granted.
Matter is Adjd for Filling Written Statement by deft to 25.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: By Precipe,
Adv for deft Mr.Tiwari present.
Exh 02 Adv for deft. filed VP. T.O.R.
Exh 03 Adv for deft. filed Written Statement. Read and Recorded.
Already Adjd to 25.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: None for the Plaintiff.
Adv for deft Mr.Singh present.
Matter is Adjd for Draft Issues to 12.03.2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: P.O. is on Leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-05-2020

Date: 12-05-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Reason For Adjournment: court time is over
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-07-2020

Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: court time is over
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Business: As Court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-11-2020

Date: 07-11-2020
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  27/11/ 2020 for draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-11-2020

Date: 27-11-2020
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 18/12/2020 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: None for plaintiff.
Adv. M.S. Singh for defendant present.
Perused suit record as per the procedure of Commercial Court Act it was upon plaintiff to tender documents alongwith statement of truth at the time of filing suit.
In the present suit plaintiff fail to file statement of truth in support of true copies of documents.
Defendant tender W/S and copies of documents but fail to file statement of truth in support his defence. As per the procedure it was upon plaintiff and defendant to tender documents with statement of truth to which the documents of parties will be delivered to the parties for the purpose of admission and denial, However,  in the present suit plaintiff and defendant fail to comply the procedure of Commercial Court Act. Hence,
Plaintiff and defendant are directed to take steps according to procedure of Commercial Court Act.
Adjd to 18.01.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 11.02.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv.Mugdha Sawant a/w. Adv.Shradha Agrawal for plaintiff present.
None present for defendant.
        The plaintiff today had filed statement of truth, affidavit of evidence and list of documents. The defendant on 24.02.2020 had filed written statement. It appears that under the assumption the matter is proceeded ex-parte, the plaintiff had tendered evidence today. The Ld. Adv. submits that the copy of the written statement is not served on the plaintiff. The evidence is taken on record. The issues are yet to be framed. The defendant is directed to serve the copy of written statement to plaintiff.
Matter adjd to 25.02.2021 for admission denial/Framing of issues.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Ms. Shradha Agrawal for plaintiff present.
Adv.Mr. M.S. Singh for defendant present.
Copy of W/S already served on 16.02.2021 by the plaintiff on defendant.
Statement of Truth filed by Adv.for defendant t.o.r.
Matter adjd to 15.03.2021 for admission and denial of document and filing of Statement of truth of plaintiff.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: None present for plaintiff.
Adv.M.S. Singh for defendant present.
Application for direction to plaintiff to supply copy of exhibit of the plain, Exh.5 t.o.r. O-Plaintiff to say.
Matter adjd to 22.03.2021 for say on Exh.5.
LO
Adv.Mugdha Sawant for plaintiff present.
Say given by Adv. of plaintiff on Exh.5.
Order on Exh.5-Plaintiff to provide documents.
Matter adjd to 22.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv.Mugdha Sawant for plaintiff present.
None present for defendant.
Matter adjd to 07.04.2021 for admission and denial of documents.
LO
Adv.M.S. Singh for defendant present.
Admission and denial of documents, Exh.6 filed by defendants t.o.r.
O-filed.
Matter adjd to 07.04.2021 for admission and denial of documents by plaintiff.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to  29.04.2021 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Adjournded due to Covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: None present for plaintiff.
Adv.M.S. Singh for defendant present.
Matter adjd to 21.06.2021 for say on deft. document, admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.45 pm
Adv.Saraswati Purohit h/f.Adv.Shukla for plaintiff present.
None present for defendant.
Matter adjd to 16.09.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.46 pm
Adv.Mugdha Sawant i/b.Rajkumar K. Shukla Law Firm for plaintiff present.
       On perusal of record it appears that parties have not filed their admission and denials. Issues are also not framed. Hence, parties are directed to file admission and denial of documents on next date without fail.
Matter adjd to 28.09.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv.Shraddha Agrawal h/f.Adv.Rajkumar Shukla Law Firm for plaintiff present.
Adv.M.S. Singh for defendant present.
(As Court is busy in hearing argument in NM No.2017/21 and dictating judgment in Commercial SU No.144/21 and Commercial SU No.147/21, hence, board is discharged.)
Matter adjd to 29.10.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.36 pm,
Adv.Shraddha Agarwal h/f.Adv.Rajkumar Shukla for plaintiff present. On oral request matter is adjd.
Matter adjd to 18.11.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: None present for plaintiff.
Adv.M.S.Singh for defendant present.
It is noticed that since 22.03.2021 this suit is pending for admission and denials. Parties to note the same. If the parties fail to file admission and denial on next date, matter be proceed further without admission and denial of the defaulting parties.
Matter adjd to 07.12.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Adv.Rishabh Mishra i/b.Rajkumar K. Shukla Law Firm for plaintiff present.
Defendant present.
Adv.M.S. Singh for defendant present.
Adv.of defendant filed application for extension of time for inspection of plaintiff documents, Exh.7 t.o.r. O-The plaintiff to say. Copy of Exh.7 is furnished to the plaintiff. Endorsement to that effect is made.
Say given by plaintiff on application Exh.7 itself.
ORDER ON EXH.7
Read the application and say. Heard the parties. Parties to complete the inspection of documents on or before next date.
The plaintiff filed admission and denial, Exh.8 t.o.r. Plaintiff to serve copy of same to the defendant.
Matter adjd to 11.01.2022 for admission and denial by deft.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: Adv.Rishabh Mishra h/f. Rajkumar Shukla Law Firm for plaintiff present.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 07.02.2022 for admission and denial by deft.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per office order 27 of 2022 holiday declared.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: None present for plaintiff.
Adv.Shyam Singh for defendant present.
KB
LO at 01.05 pm,
Adv.M.S. Singh for defendant present. He took the inspection of the documents of the plaintiff filed in the suit.
Matter adjd to 31.03.2022 for admission and denial by the deft.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: None present for plaintiff.
Adv.M.S.Singh for defendant present.
On oral request of defendant adjd for admission and denial by deft. as last chance on 18.04.2022.
                                                                                              Judge
LO at 11.40 am,
Adv.Mugdha Sawant for plaintiff present.
Matter adjd for admission and denial by deft. as last chance on 18.04.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv.Rishabh Mishra i/b.Rajkumar Shukla Law Firm for plaintiff present.
None present for defendant.
Adv.for plaintiff submits that matter is likely to be settled. Settlement talks are going on.
On the basis of submission matter is referred to lok-adalat. Ld.Adv.for the plaintiff submits that he wants to take instructions for keeping the matter to lok-adalat, hence, kb.
LO at 11.20 am,
Adv.Rishabh Mishra i/b.Rajkumar Shukla Law Firm for plaintiff present. He consented to keep the matter before lok-adalat.
Matter adjd to 07.05.2022 for lok-adalat.
                                                                                              Judge
LO at 11.55 am,
Adv.Omprakash Tiwari h/f.Adv.M.S.Singh for defendant present. He wants to file application for adjournment. He confirmed that settlement talks are going on. He is informed that matter is already referred to lok-adalat.
Matter adjd to 07.05.2022 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-05-2022

Date: 07-05-2022
Business: None present for the plaintiff.
Adv M.S.Singh for defendant present and submitted advocate for plaintiff informed that plaintiff and his advocate will not attend the matter today. As plaintiff and his advocate are absent.
Defendant in person present.
Matter adjd to 13.06.2022
Next Purpose: FOR___________________
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv Vrushabh Mishra  present for plaintiff and submitted that compromise talks is going on between the parties hence, time be granted for the same.
None present for defendant.
Since last two days the matter is adjourned on same ground. Deft has not filed admission denial inspite of many chances. Hence, suit be proceed without admission denial of deft.
Matter adjd to 13.07.2022 for hearing on issues.
Next Purpose: FOR___________________
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: None present for plff.
Adv Mr. Singh  for deft present and seeks adjournment.
Matter is adjd. for draft issues to 10.08.2022.
Judge
L.O.at 12.10 p.m.
Adv Saraswati Rajpurohit for plff present.
Already adjd. to 10.08.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Pooja Tripathi Present for Plff.
None Present for Deft.
Adv of plff seeks time to file draft issues. Granted.
Adj. For Draft issues on 24/08/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. Pooja Tripathi Present for Plff.
Adv. M. S. Singh Present for Deft.
Adv of plff filed draft issues.
Heard adv of both parties on the point of issues.
Ex.10- Issues framed.
Adj. For Evidence of Plff on 16/09/2022.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. Arafat Shaikh Present for Plff.
None Present for Deft.
Adv of plff seeks time for filing evidence. Granted.
Adj. For Evidence of plff on 11/10/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. Arafat Shaikh Present for Plff.
None Present for Deft.
Adv of plff contended that plff has filed chief examination of PW-1 on 11/09/2021 under assumption that matter was proceeded Ex-parte. Now the issues came to be framed on 24/08/2022. He contended that he want to continue the said chief examination. It is marked as  Exhibit-11.
The said witness (PW-1) Shwetambari Kiran Lad, Manager absent.
Adj. For Further chief examination of PW-1 on 10/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Adv. Rushab Mishra  For plaintiff present.
None for defendant.
Adv of plaintiff seeks adjournment on the ground that PW 1 is absent due to internal meeting.
Adjournment granted as last chance.
Case adjourned for further chief examination of PW-1 to 28.11.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Adv. Pooja Tripathi I/b Rajkumar Shukla Law Firm Present for Plff.
None Present for Deft.
Adv of plff contended that the manager of plff bank has been transfer and therefore time be granted for adducing evidence. On last date the adjournment was granted as last chance. Though plff has not adduced evidence today. Hence matter fixed for dismissal order.
Adj. For Dismissal order on 20/12/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: Adv. Saraswati Rajpurohit I/b Rajkumar Shukla Law Firm Present for Plff.
None Present for Deft.
Adv of plff contended that PW-1 Shwetambari Kiran Lad, Manager of Plff has been transferred and therefore she is unable to attend this Court and hence chief examination of PW-1 not pressed.
Exh.12- adv of plff has filed chief examination of PW-2 Pruthvi Raj Chouhan, Officer of plff bank. Copy be served upon otherside.
PW-2 present. Oath given to the witness.
Exh.13. As per roznama dt.11/02/2021 plff has filed with list however the said list remained to be marked Exhibit. Hence today the said list documents marked as Exhibit-13.
Deft had already filed say on the documents of plff at Exh.06 on 22/03/2021.
Exh.14- adv of plff has filed authority letter of PW-2 and particulars of claim with list Exh.14.
Heard Adv.of plaintiff on the point of exhibiting documents. Documents at sr. no. 2 to 9 filed with list Exh.13 are the same documents of which photocopies were filed with plaint. Doucuments at sr.no. 2 to 9 filed with list Exh.13 are original documents hence they are tentatively marked as under. So also the documents filed with list Exh.14 is authority letter of PW-2 and it is verified from its original. Document at Sr.no.2 with list Exh.14 is the same particulars of claim. Therefore this document are tentatively marked exhibit as under.
Ex.15- Loan application.
Ex.16- Sanction memorandum dt. 14/03/2017.
Ex.17-  Letter of General Lien and set off dt. 16.03.2017 for borrowing arrangements from the borrower.
Ex.18- Agreement of hypothecation dt. 16.03.2017(to secure Motor Trucks and other transport vehicles with spares accessories, tools etc.).
Ex.19-  Revival letter (letter of acknowledgement of debt) by borrower dt. 28.02.2019.
Ex.20- Office copy of advocates notice, postal receipts and return packets dt. 11.01.2019.
Ex.21- Statement of account.
Ex.22- Particulars of claim.
Ex.23- Copy of authority letter dt.20/12/2022.
Ex.24- Particulars of claim singed by PW-2.
Adj. For Service affidavit in respect of chief examination and Cross examination of PW-2 on 20/01/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Adv. Manali Dixit I/b Rajkumar K Shukla Law Firm Present for Plff.
None Present for Deft.
PW-2 present.
None present for the deft. Hence no cross examination on behalf of deft.
Adj. For Evidence of Plff on 23/01/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Adv. Manisha Vishwakarma I/b Rajkumar K. Shukla Law Firm Present for Plff.
None Present for Deft.
Exh.25- Adv of plff has filed evidence closure pursis. t.o.r.
Adj. For Evidence of Deft on 02/02/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Adv. Manisha Vishwakarma I/b Rajkumar K. Shukla Lw Firm Present for Plff.
None Present for Deft.
KB 1.00 pm.
Adv. Manisha Vishwakarma I/b Rajkumar K. Shukla Lw Firm Present for Plff.
None Present for Deft.
Adj. For Evidence of deft as last chance on 15/02/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: None present.
KB LO 4.15.
None present.
On previous date case was adjourned as a last chance for evidence of deft. But today also none present on behalf of deft. Hence right of deft to adduce evidence is hereby forfeited.
Adj. For Final Argument on 24/02/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: None present.
KB LO 2.50.
Adj. For Argument on 15/03/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Adv. Manisha Vishwakarma for plaintiff present.
None present for defendant.
Adv.of plaintiff seeks time for argument on the ground that senior advocate on record is not available. Adjournment granted.
Case adjd for argument to 21.03.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: Adv. Manisha Vishwakarma for plaintiff present.
Adv. M.S. Singh for defendant present.
Exh.26 Adv.of defendant has filed application for adjournment on the ground that today defendant has contacted him and ask for attend this matter. Today case is for argument. Record shows that defendant is absent since long and hence suit proceeded without cross examination of witnesses of plaintiff. As such to have an opportunity, adjournment granted subject to cost of Rs.500/- to be paid to plaintiff.
Case adjd for argument and cost to 20.04.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Adv. Manisha Vishwakarma I/b Rajkumar Shukla Law Present for Plff.
Adv. M. S. Singh Present for Deft.
Adv of plff contended that she has received costs of Rs.500/- from advocate of deft as per order dt.21/03/2023.
Adv of deft has filed draft NM along with affidavit for setting aside order dt.20/01/2023 and 15/2/2023. Leave granted to register NM. Copy served upon otherside.
Adj. For NM returnable on 26/06/2023.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: 26.06.2023
46
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 233/2019 @ NM 1838/2023
Adv. Manali Dixashit h/f Adv. Sukala for plaintiff present.
Adv. Vimal Tiwari h/f Adv. M.S. Singh and co. for defendant present.
Ld. adv. for defendant seeks time to file registered NM.
O- Time granted as prayed for.
Adjd to 24/07/2023 for tendering registered NM .
								Judge
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: None for plaintiff.
Adv. Vimal Tiwari h/f M.S. Singh for defendant is
present and filed registered NM No. 1838/2023 a/w
affidavit.
Matter is adj for reply of NM to 25/08/2023.
L. O at 12.30 p.m.
Adv.  Manisha Vishwakarma h/f Rajmukar Shukla for
plaintiff is present and filed reply to NM No. 1838/2023
a/w affidavit.
O- Advocate of plaintiff is directed to serve copy to
other side.
Matter is adj for hearing  on NM No. 1838/2023 to
25/08/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Adv. Manali Dikshit h/f Rajkumar Shukla for plaintiff is present.
Adv. M.S.Jain for def. is present.
Adv. of plaintiff served copy of reply to def.
Ld. adv. for def. prayed for time for hearing on NM No. 1838/2023. O-Granted
Matter is adj for NM hearing to 21/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2023

Date: 21-09-2023
Business: Adv. Manish Vishwakarma for plaintiff is present.
Adv. Vimal Tiwari h/f Adv. Singh for def. is present and seeks time for NM hearing. O-Time granted as prayed for.
Matter is adj for NM hearing to 23/10/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: Adv. Manali Diskhi h/f Adv. Rajkumar Shukla for  plaintiff is present.
Adv. M.S. Singh  for def. is present.
Exh.27 – Pursis a/w copies of letter dt. 21.09.2023 and no due certificate dt. 25.09.2023 issued by plaintiff bank,  filed by ld. adv of def. TOR
Both the parties requested to keep the matter in Lok-Adalt.
O- Keep the matter in Lok- Adalt.
Matter is adj for Lok-adalat to 09/12/2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-12-2023

Date: 09-12-2023
Business: Matter pertaining to C.R. No.32
None present for plaintiff.
None present for defendant.
Matter is adjourned to 17.01.2024 for steps.
Later on at 11.40a.m.
Defendant present.
Adv. Mr. M. S. Singh for defendant present.
Later on at 2.10p.m.
None present for plaintiff.
None present for defendant.
Matter is already adjd to 17.01.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: A.R. Mr. Pruthvi Raj Chouhan of plaintiff Bank is present.
Adv. Manali Dikshit i/b Adv. Rajkumar Shukla Law associates for plaintiff is present.
Exh. 28 - Withdrawal application along with Authority letter dt. 20.12.2022.
Heard ld. Adv of plaintiff.
Order Below Exh. 28.
Parties have amicably settled the dispute out side the Court. Hence, application allowed and plaintiff is permitted to withdraw the suit.
Order below N.M No. 1838/2023
In view of settlement between the parties, the Notice of Motion No. 1838/2023 is hereby disposed off.
Order below Exh.1
1.        Both parties have settled the matter out side the Court hence, suit is hereby disposed off as withdrawn thorough Exh. 28.
2.  Court fees be refunded as per rules.
Nature Of Disposal: OTHER
Disposal Date: 30-01-2024

Additional Case Details

Additional Case Details
Filing Number: 107412/2019
Filing Date: 06-07-2019
First Hearing Date: 07th January 2020
Decision Date: 30th January 2024
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1
30 Jan 2024
Order Details: Other
Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
Case No. :Commercial Suit/0100233/2019
Bank of Baroda Vs Mr. Kailash Premlal Devikar
Date : 30-01-2024
Business : A.R. Mr. Pruthvi Raj Chouhan of plaintiff Bank is present.
Adv. Manali Dikshit i/b Adv. Rajkumar Shukla Law associates
for plaintiff is present. Exh. 28 - Withdrawal application along
with Authority letter dt. 20.12.2022. Heard ld. Adv of plaintiff.
Order Below Exh. 28. Parties have amicably settled the
dispute out side the Court. Hence, application allowed and
plaintiff is permitted to withdraw the suit. Order below N.M
No. 1838/2023 In view of settlement between the parties, the
Notice of Motion No. 1838/2023 is hereby disposed off. Order
below Exh.1 1. Both parties have settled the matter out side
the Court hence, suit is hereby disposed off as withdrawn
thorough Exh. 28. 2. Court fees be refunded as per rules.
Nature of Disposal : OTHER
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