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SUMMARY CIVIL SUIT - SUMMARY SUIT

Corporation BankVsMr. Nikhil Vijay Palav +1 more

CNR MHCC01009691201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 03rd October 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100127/2020
Registration Date
22 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Corporation Bank

    Respondent

    1. 1Mr. Nikhil Vijay Palav
    2. 2Premier Ltd

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 17-03-2020
Business: As per Office Order No.66 of 2020 dated 16.03.2020 of Honble Principle Judge,City Civil Court and Sessions Judge, Gr.Bombay.
All the Courts shall take up only urgent matters such as B.A., A.B.A., Application for urgent orders of injunctions, remand orders, statement u/s. 164 of Cr.P.C., Applications for grant of stay and such other urgent matters only as the case may be.
None present.
Matter is Adjd for Report to 09.07.2020.
Next Purpose: REPORT
Next Hearing Date: 09-07-2020

Date: 09-07-2020
Business: National Lockdown
Next Purpose: REPORT
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to 13.01.2021.
Next Purpose: REPORT
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Both the parties and Adv. are absent.
Adjd for directions on 31.03.2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: Adv. Pande for plff.
On oral request adjd.for taking steps
Matter adjd for taking steps  on 04.05.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 12.08.2021..
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Both the parties and his advocate are absent.
Matter is adjd to 12.10.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: None present.
Matter is adjd to 21.01.2022  for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: None present.
Matter is adjd for taking steps to 17.03.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: None for Plaintiff.
	Roznama reveals that the Plaintiff has not  yet served the Writ of Summons on Defendant and  neither filed the Affidavit of Service.  Hence, the Plaintiff is expected to take proper steps to proceed in the matter.
	Matter adj. to 21/06/2022 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. S. R. Murya I/b R.M.A. Asso. for Plaintiff present and submits that plaintiff needs to file Ch/s seeking amendment in the title clause. However the authorized person is not feeling well and hence could not come today. He seeks short time.
Matter adjourned to 19.08.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Satish Kumar Dubey for Plaintiff present and seeks time to move chamber summons for amendment.  Time granted as prayed for.
None for Defendant.
Matter adjourned to 11.10.2022 for steps/chamber summons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv.Santosh Kumar Dubey for plaintiff present filed draft Chamber Summons alongwith affidavit seeking amendment in the clause title of plaintiff.
Order-Leave is granted to register the Chamber of Summons.
None for defendant.
Matter is adj to 15/12/2022 for hearing on C/S.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Adv.Satish Kumar Dubey for plaintiff present.   He filed registered C/S No.1924/22 along with affidavit.
 ORDER ON CHAMBER SUMMON NO. 1924/2022
              Plaintiff has taken out present Chamber Summons seeking amendment in the title clause of the plaintiff/bank.

2.		Heard Adv.Satish Kumar Dubey for the plaintiff. He submits that during pendency of the suit, the Corporation Bank has undergone amalgamation with Union Bank of India. The copy of Gazette Notification dated 4th March 2020 is annexed to the chamber summons. Therefore the title of the plaintiff needs to be amended accordingly.
3.		As such amendment sought is formal in nature, same deserves to be allowed. Hence, the order.
			    ORDER
1. 	Chamber summons No.1924/2022 is hereby allowed in 	terms of prayer clause (a).
2. 	Amendment be carried out within 14 days and amended 	plaint be filed in the court thereafter.
3. 	Chamber Summons No.1924/2022 is  disposed of 		accordingly.
After compliance plaintiff to serve writ of summons to the defendant and filed affidavit of service.
Matter is adj to 10/03/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: NOB TOB by way of praecipe filed by Adv.Satish Dubey i/b RMA associates for the plaintiff.  He requests to keep the matter to lok-adalat, as plaintiff is ready and willing to settle the matter amicablly.
In view of the request, matter be kept in lok-adalat dated 11/02/2023.
Issue notice to defendant to appear before lok-adalat.
Matter is adj to 11/02/2023 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023

Date: 11-02-2023
Business: Parties are absent.
Matter adjourned to 15.04.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-07-2023

Date: 15-04-2023

Date: 21-07-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Satish Kumar Dubey for plaintiff is present.
Order below Exh-1
Suit instituted in the year 2020. However, suit summons is not yet served on any of the defendants. On previous date, the suit was adjourned to today for dismissal in default with the observation that if the plaintiff fails to take proper steps, suit shall be dismissed. However, the counsel for the plaintiff is seeking adjournment. In the interest of justice, adjournment is granted, subject to costs of Rs.500/- payable to DLSA.
Matter is adj to 03.10.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Satish K. Dubey for plaintiff is present.
Order below Exh-1
On perusal of the record and proceeding, it is found that writ of summons is not served yet on any of the defendants. The matter was fixed for taking the steps and because of not taking the steps and in view of the request of the counsel for the plaintiff on the previous date, the costs of Rs.500/- was imposed and matter was adjourn today for dismissal order.
The plaintiff has not paid the costs and even not taken the steps. The counsel for the plaintiff submits that the matter is settled out of the court and the suit may be dismissed. Hence, the suit is hereby dismissed under Order-9, Rule-2 of the CPC and also for non-payment of the costs.
Nature Of Disposal: DISMISSED
Disposal Date: 03-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 110249/2019
Filing Date: 20-09-2019
First Hearing Date: 17th March 2020
Decision Date: 03rd October 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    03 Oct 2023
    Order Details: Other
Pdf Text: 08
03/10/2023
SUM
127/20
CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Satish K. Dubey for plaintiff is present.
Order below Exh-1
On perusal of the record and proceeding, it is found that writ
of summons is not served yet on any of the defendants. The
matter was fixed for taking the steps and because of not
taking the steps and in view of the request of the counsel for
the plaintiff on the previous date, the costs of Rs.500/- was
imposed and matter was adjourn today for dismissal order.
The plaintiff has not paid the costs and even not taken the
steps. The counsel for the plaintiff submits that the matter is
settled out of the court and the suit may be dismissed.
Hence, the suit is hereby dismissed under Order-9, Rule-2 of
the CPC and also for non-payment of the costs.
Judge
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