Deutsche Bank A.G.VsUIC Corporation Pvt ltd. +2 more

Date: 21-10-2019
Business: As Government declared holiday on 21.10.2019 for Vidhansabha  Election hence matter taken on todays board.
None present.
Matter adj for reply to 11.12.2019
Next Purpose: REPLY
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: P. O is on training. Board is discharged.
Next Purpose: REPLY
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Adv Narendra Devansh for plaintiff present.
Adv for defendant absent.
Adv of plaintiff submitted registered Notice of Motion No.3710/19 alongwith supporting affidavit.
Adv submitted affidavit of service of NM which is not served alongwith envelope.
Matter adjourned for service of NM to 09.04.2020 at 2.45 pm.
Next Purpose: SERVICE
Next Hearing Date: 09-04-2020

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

Date: 21-04-2020
Next Purpose: SERVICE
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: Due to Covid-19 lockdown
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020

Date: 01-06-2020
Business: Due to Covid -19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Abhishek Bhaduri for plff. Present.
Adv. For the plff. filed application for issuance of court summons against defendants. t.o.r.
Order - issue notice to defendant through belief of court.
Matter is adjd to 10.03.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Abhishek Bhaduri for the plff. present.
Matter is adjd to 12.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 09/07/2021 for Services
Next Purpose: SERVICE
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 02.09.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: Court is Vacant
Next Purpose: SERVICE
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Court is vacant
Next Purpose: SERVICE
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: None present.
Matter is adjd to 18.01.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: None present.
Matter is adjd for Service to 14.02.2022.
Next Purpose: SERVICE
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: None present.
Matter is adjd for service  on 14-03-2022
Next Purpose: SERVICE
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: None for Plaintiff.
NM 3710/19	None for Defendants.
	Bailiff Report dated 08/02/2021 reveals that NM No. 3710/2019 is not duly served on the Defendant No. 1.  Hence, Plaintiff to take proper steps.
	Matter adj. to 15/06/2022 for Steps.
	Later on :-
	Adv. Mr. Abhishek Bhaduri for Plaintiff present.
	Matter already adj. to 15/06/2022 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: Court busy in recording evidence in Session Case No. 463/2019 and Session Case No. 1172/2019, therefore matter adjourned to
10-08-2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: PO IS ON LEAVE
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Adv. Abhishek Bhaduri for plaintiff present.
None for defendant.
Advocate for plaintiff tendered affidavit of service which is infact affirmed on 02.08.2017.  Same is taken on record.
Ld. Advocate for plaintiff submits that defendant no.1 was also served by way of paper publication.  However, the suit is dismissed against defendant no.1 as no affidavit of service was filed.
Admittedly the filing of service affidavit at such a belated stage may not assist the plaintiff.  Already notice of motion is filed for restoration.  Plaintiff is expected to serve defendant no.1.
Advocate for plaintiff seeks time for service.  Time granted.
Matter adjd. to 25.11.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: None for plaintiff.
No affidavit service of N/M is filed as per order dated 20/09/2022.
Matter is adj to 04/01/2023 for affidavit of service of N/M.
Next Purpose: SERVICE
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: Adv.Abhishek Bhaduri i/b Goenka Law Associates for plaintiff present.   He submits that during pendancy of the suit the plaintiff bank has assigned some of the loan account to Kotak Mahindra Bank, including the loan involved in the present suit.  He submit that, therefore, plaintiff needs to take out C/S seeking appropriate amendments.
None for defendant.
In view of the submission made by Ld.Adv. for plaintiff, Time granted.
Matter is adj to 07/03/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Abhishek Bhaduri for plaintiff present.   He submits that he has not received instruction from substituted bank i.e. Kotak Mahindra Bank to proceed with the suit.
As the suit is pending for the hearing on N/M since long time and as plaintiff despite several opportunities failed to take proper steps to proceed in the suit, I find no sufficient reason to grant further time.  Hence, list the for the dismissal order on 01/04/2023.
Matter is adj to 01/04/2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Adv Abhishek Bhaduri for plaintiff present.
None for deft.
Ld. adv for Applicant submits that plaintiff no more desires to proceed with the matter. Same needs to be withdrawn unconditionally.
He further submits that pursuance to assignment agreement dtd. 24.03.2022 between applicant and plaintiff, the subject loan account pertaining to defendants is assigned to the applicant.
Applicant therefore has filed Draft Ch/s seeking substitution on the place of plaintiff.
In view of the submission, the Ch/s needs to be allowed hence, the order :-
1.  Draft Ch/s is allowed in terms of prayer clause (a) to (c).
2.  Applicant to carry amendment within two weeks.
3.  Applicant to register the Draft Ch/s for statistical purpose.
Judge

Adv for applicant seeks time to file withdrawal application.
O- Time granted.
plaintiff to file withdrawal application along with affidavit of authorized person.
Matte kept for Lokadkalt  dtd. 30.04.2023.
Matter is adj to 30-04-2023 for Lokadlat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023

Date: 30-04-2023
Business: None present.
Adj. to 02/08/2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
NOBTOB by way of praecipe filed by Adv.Abhishek Bhaduri for plaintiff (Exh-3).
He filed application for withdrawal of the suit (Exh-4)
He submits that plaintiff no longer desires to continue the present proceedings and therefore, suit may be permitted to be  withdrawn unconditionally.
In view of the application, I pass following order-
                      ORDER
1.Summary Civil No.793/15 is hereby disposed of as withdrawn.
2.Plaintiff is entitled for refund of court fees, as per the rules.
3.Pending C/S No.629/2023 and N/M No.3710/19 also stands disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 04-05-2023

Main Case No: SUMMARY CIVIL SUIT/0100793/2015
Main Cnr: MHCC010047192015
Main Filing No: 113080

Registration Number: 103710/2019
Transfer Date: 04-10-2019
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 40 -

Registration Number: 103710/2019
Transfer Date: 09-01-2020
From Court: 40 - COURT 40 ADDL SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 103710/2019
Transfer Date: 03-03-2020
From Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 60 - COURT 60 ADDL SESSIONS JUDGE

Registration Number: 103710/2019
Transfer Date: 13-03-2020
From Court: 60 -
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 103710/2019
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 110330/2019
Filing Date: 04-10-2019
First Hearing Date: 21st October 2019
Decision Date: 04th May 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE