SUIT - SHORT CAUSE CIVIL SUIT

Canara BankVsM/s. Ramsita Tours and Travels +1 more

CNR MHCC01007570201832-

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

CASE DISPOSED

Uncontested--WITHDRAWL

Decision Date: 12th March 2020

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number: 100201/2019
Registration Date: 22 Jan 2019

Advocates

For Petitioner

Mr. Rajkumar Shukla

For Respondent

Not available

Parties

Petitioner

1Canara Bank

Respondent

Acts & Sections

Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History

Date: 12-02-2019
Business: Adv. Abhishek Mishra for plaintiff present.
Exh-1 Plaint
Exh-2 Vakalatnama
Exh-3 Memorandum of register address
Exh-4 List of documents.
Exh-5 Adv. Abhishek Mishra for plaintiff tendered application re-issue of fresh summons.
Matter adj for service report on 04/05/19.
Next Purpose: SERVICE
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: Exh-6(Colly) Adv.Mughdha Sawant for plaintiff filed service affidavit alongwith writ of summons.
Defendant no.1 and 2 in person present.
Matter adj for filing written statement on 23/07/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: None present.
Adv.Mugdha Sawant for plaintiff present.
Adv. Swapnil Mohite for defendant present.
Adv. for def. No. 1 and 2 tendered vakalatnama - Seen and filed.
Advocate for plaintiff tender copies of suit alongwith  annexture to the defendant.
Advocate for defendant filed adjournment application for extension of time for filling say -Allowed.
Adjd to 16.09.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Shardha Agarwal for plaintiff present.
Adv. Swapnil Mohite for defendant present.
KB.
LO at 4.55p.m.
Advocate for defendant tender application for con-donation of delay Order  -  Application be filed with liberty to file notice of motion.
Matter adjd to  14.11.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Shardha Agarwal for plaintiff present.
Adv.Swapnil Mohite for defendant no. 1and 2  present.
Advocate for defendant tender draft notice of motion @ affidavit - Leave is granted to register.
KB.
LO.
Advocate for defendant tender register notice of motion no. 4224/2019. - TOR.
Matter adjd to 15.11.2019 for hearing in notice of motion.
Next Purpose: HEARING
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Adv.Shaileja Shukla for plaintiff present.
Adv.Swapnil Mohite for defendant present.
Matter adjd to 19.12.2019 for N.M. hearing.
Next Purpose: HEARING
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Shaileja Shukla for plaintiff present.
Adv.S. Mohite for defendant present.
FRSR - Order below in notice of motion No. 4224 of 2019
ORDER
1) Notice of Motion no.4224/2019 is made absolute subject to payment of cost of Rs. 1000/-.
2) Defendant is permitted to tender written statement after payment of cost amount.
3) Cost amount be credited to government.
Matter adjd to 03.03.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv.Ms.Shailja Shukla for plaintiff
Adv. for defendant absent.
Adv for plff submitted that matter is settled between the parties as instructed by bank official however today bank official is not available before the court. She requested to adjd the matter. Oral request is accepted.
Matter adjd to 11/3/2020 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Adv.S. Agarwal for plaintiff present.
Adv.for defendant absent.
Heard, Ld counsel for plaintiff, in view of order dated 21.12.2009 notice of motion no. 4224/2019 was made absolute and defendant is permitted to tender written statement on payment of cost amount of Rs.1000/-, defendant failed to pay cost amount and also failed to tender written statement. Thereafter, suit is posted for evidence on the side of plaintiff. However, it was submitted on behalf of plaintiff that there is a chances of settlement and accordingly suit is adjourned. Today, also advocate for plaintiff submitted in writing that matter is settled under one time settlement for amount of       Rs. 4,00,000/-. However failed to withdrawn the matter on the ground that proposal was sent to the higher official of plaintiff bank. Admitedly for content of adjournment application shows that suit is between the parties are settled on ground level. However, bank official failed to withdrawn the matter, failed to file evidence on record. Hence, I proceeded to pass following order.
ORDER
1)  Suit is keep for dismissal order on next date.
Matter adjd to 12.03.2020 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Adv. S. Agarwal for plaintiff present.
Adv. for defendant absent.
FRSR - Following order is passed -
ORDER
1) Suit is dismissed as withdrawn.
2) If rule permites necessary court fees stamp be refunded to the plaintiff.
Nature Of Disposal: WITHDRAWL
Disposal Date: 12-03-2020

Additional Case Details

Filing Number: 108307/2018
Filing Date: 25-06-2018
First Hearing Date: 12th February 2019
Decision Date: 12th March 2020
Court Number And Judge: 32-

Orders

Final Order 1

12 Mar 2020

Order Details: Order below exhibit
Pdf Text: MHCC010075702018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
S.C.SUIT NO.201 OF 2019
CANARA BANK ....Plaintiff
V/s
1. M/s.Ramsita Tours and Travesl ....Defendants
2. Shivaji Ramchandra Kharat
APPEARANCE:-
Plaintiff present.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO.32)
DATE : 12th March, 2020
ORDER BELOW EXHIBIT-10
Plaintiff present. He tendered application for withdrawal of
suit vide Exh.No.10. It is submitted by the plaintiff that the dispute
is settled and he does not want to proceed further against
defendant. Hence, in view of Exh.No.10 I, proceed to pass
following order.
ORDER
1. Suit is dismissed as withdrawn.
2. If rule permites necessary court fees stamp be refunded to
the plainitiff.
Date:-12/03/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Bombay
Direct Dictated on :- 12/03/2020
H.H.J.Signed on :- 12/03/2020
-- 1 of 2 --
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12/03/2020 at 4.30 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
12/03/2020
JUDGMENT/ORDER signed by P.O. on 12/03/2020
JUDGMENT/ORDER uploaded on 12/03/2020
-- 2 of 2 --

Order 1