Commercial Suit
Oriental Bank of Commerce - Priti Dinesh VoraVsMr. Akshay Rajani
CNR MHCC01007804201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 01st March 2022
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 100177/2019
- Registration Date
- 01 Nov 2019
Advocates
2For Petitioner
For Respondent
Parties
2Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order 5 · Section 27
Case History / Proceedings
Case History
Date: 07-12-2019
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Adv. Shirke for plaintiff present.
Ex.1Plaint.
Exh.2 Vakalatnama.
Exh.3Memo of address.
Exh.4 List of documents.
Ld. counsel for plaintiff submitted that report of service of writ of summons is not received hence, matter is adjourned for filing affidavit of service.
The matter is adjd for affidavit of service to 21.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Harshada Joshi for plaintiff present.
Plaintiff filed affidavit of service. T.O.R.
On perusal of postal endorsement, it appears that intimation was given and the writ of summons was unclaimed. It is not a good service hence plaintiff to serve deft.
Writ of summons is extended.
Plaintiff to serve defendant through bailiff by short service and by speed post.
The matter is adjd for affidavit of service to 07.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv. Shirke for plaintiff present.
Adv. for plaintiff seeks time to file service affidavit. Granted.
The matter is adjd for affidavit of service to 14.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Adv. Joshi for plaintiff present.
Ld. counsel for plaintiff submitted that deft. was not duly served, hence writ of summons is extended.
The matter is adjd for affidavit of service to 09.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv. Harshada Joshi for plaintiff present.
Ld. counsel for plaintiff filed application for extension of returnable date of writ of summons.
O. - Read application. Heard. Returnable date of writ of summons is extended for the reasons stated in the application.
The matter is adjd for affidavit of service to 01.04.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Business: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
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: 02-12-2020
Date: 02-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for affidavit of service to 14.01.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Adv. Harshada Joshi for plaintiff present.
None for defendant
Exh. 6- Draft C/S submitted by plaintiff, there is no service of summons to defendant. Hence, it is treated as application. Perused notification of RBI dtd. 04-03-2020. It is allowed to change the name of plaintiff from Syndicate to Canara Bank. Plaintiff to carry out the amendment within a week.
Exh. 6A - Affidavit in support submitted by plaintiff.
Matter is adjd.to 10-02-2021 for compliance.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: (By preceipe) (NOB TOB)
Adv. Harshada Joshi for plaintiff, submits that roznama
dtd. 20-01-2021 requires to be corrected. Perused Exh. 6, it
appears roznama of another bank has been posted to the
present suit. However, impugned notification of RBI is dtd.
04-03-2020. Accordingly, only the name of bank is to be
changed.
Accordingly, Exh. 6 is allowed. Name of bank be
changed from OBC to Punjab National Bank.
Plaintiff to carry out the amendment within a week from
today.
Matter is adjd.to 10-02-2021 for compliance.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Harshada Joshi for plaintiff submits that amendment is carried out as per order in roznama dtd. 20-01-2021. It is prayed for adjournment to serve summons to defendant.
None for defendant
Matter is adjd.to 10-03-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Ms. Harshada Joshi for plaintiff, prayed for adjd for filling service affidavit.
None for defendant.
Matter is adjd.to 21.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Date: 17-06-2021
Date: 23-07-2021
Business: Both the parties absent when called out.
Matter is adjd.to 23-08-2021 for Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv. Harshada Joshi for plaintiff present and filed application for re-issue of summons to the defendant t.o.r. - allowed re-issue fresh writ of summons to the defendant.
Matter is adjd.to 28-09-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv. Harshada Joshi for plaintiff present and prayed for time to file affidavit of service – granted.
Matter is adjd.to 27-10-2021 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Harshada Joshi for plaintiff present and filed joint affidavit of service with original writ of summons and report of postal authority t.o.r. and marked as Exh.7 colly.
Matter is adjd.to 27-11 -2021 for ex parte order
Next Purpose: ORDER
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Harshada Joshi for plaintiff present and submitted that matter is compromised and she would withdraw the suit on the next date of hearing.
None for defendant.
Matter is adjd.to 02-02-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Both parties absent when called out.
Matter is adjd.to 01-03-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Anant Narayan for plaintiff present and filed application for withdrawal of the suit. t.o.r. and marked as Exh. 8
Adv. Anant Narayan for plaintiff submitted that the defendant has deposited full OTS amount and therefore, the plaintiff wants to withdraw the suit. Withdrawal application is signed by authorized representative of plaintiff and Adv. Anant Narayan.
Considering contents in Exh.8 and submission of Ld. Adv. Anant Narayan, I passed the following order -
Order
1. Application Exh.8 is allowed.
2. Commercial Suit No. 177/2019 is disposed off as withdrawn.
3.Court fees be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly.
4. Parties shall bear their own costs.
5. Proceeding closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 01-03-2022Additional Case Details
Additional Case Details
Filing Number: 108289/2019 Filing Date: 25-07-2019 First Hearing Date: 07th December 2019 Decision Date: 01st March 2022 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Orders
1Final Order 101 Mar 2022
01 Mar 2022
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :Commercial Suit/0100177/2019 Oriental Bank of Commerce - Priti Dinesh Vora Vs Mr. Akshay Rajani Date : 01-03-2022 Business : Adv. Anant Narayan for plaintiff present and filed application for withdrawal of the suit. t.o.r. and marked as Exh. 8 Adv. Anant Narayan for plaintiff submitted that the defendant has deposited full OTS amount and therefore, the plaintiff wants to withdraw the suit. Withdrawal application is signed by authorized representative of plaintiff and Adv. Anant Narayan. Considering contents in Exh.8 and submission of Ld. Adv. Anant Narayan, I passed the following order - Order 1. Application Exh.8 is allowed. 2. Commercial Suit No. 177/2019 is disposed off as withdrawn. 3.Court fees be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly. 4. Parties shall bear their own costs. 5. Proceeding closed. Nature of Disposal : WITHDRAWL Disposal Date : 01-03-2022 COURT 31 ADDL SESSIONS JUDGE -- 1 of 1 --
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