SUMMARY CIVIL SUIT - SUMMARY SUIT

Union Bank of India Through Mr. Amit RamraoVsBalaso Mhalappa Dhage

CNR MHCC01010874202161-COURT 61 ADDL SESSIONS JUDGE

Fort, City Civil Court

Mumbai · Maharashtra (MH)

CASE DISPOSED

Uncontested--WITHDRAWL

Decision Date: 20th April 2023

TrustJury record updated 05 Oct 2026

Case Overview

Registration Number: 100198/2022
Registration Date: 04 Mar 2022

Advocates

For Petitioner

M/s. V. B. Tiwari and Co.

For Respondent

Not available

Parties

Petitioner

1Union Bank of India Through Mr. Amit Ramrao

Respondent

1Balaso Mhalappa Dhage

Acts & Sections

CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2

Indian Contract Act · Sec 172

Case History / Proceedings

Case History

Date: 29-04-2022
Business: PO is on training.  Matter adj. to
Next Purpose: REPORT
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: As Court busy in dictating judgment in Suit No. 9250 of 1994, hence, board is discharged.
Matter adjourned to 10.11.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Adv.Archana Goud for plaintiff present.  She seeks extension of time to serve the summons. Time granted till next date.
Matter is adj to 10/02/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: Adv.Upadhayay for plaintiff present.
At the request of advocate for plaintiff matter is kept back.
Later on at 4.33pm
Adv.Upadhayay for plaintiff present.   He filed affidavit of service (Exh-2).
From the affidavit it transpires that summons is duly served on 13/01/2023.
Despite the service of summons, defendant failed to cause appearance.  Hence, suit to proceed ex-parte.
Matter is adj to 20/04/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As court is busy arguments in Suit No.6358 of 2003 and Suit No.8098/2001, remaining first session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Mr.Vishal Avinash Gore Assistant Manager of plaintiff and his Adv.Upadhayay are present.   He filed application for withdrawal of the suit (Exh-3).
The copy of authority letter is also placed on record along with withdrawal application.
It is submitted that the defendant has repaid the loan amount, plaintiff wish to withdraw the suit.
In view of the request made by the plaintiff, unconditional withdrawal of the suit is permitted.  Hence, the order-
                                ORDER
1. Summary Suit No.198 of 2022 is disposed of as withdrawn.
2. Plaintiff is entitled for refund of court fees, as per the rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 20-04-2023

Additional Case Details

Filing Number: 110640/2021
Filing Date: 07-12-2021
First Hearing Date: 29th April 2022
Decision Date: 20th April 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

Orders

Final Order 1

20 Apr 2023

Order Details: Other
Pdf Text: 14
20/04/2023
SUM 198/22
Exh3
CORAM H.H.J. DR. SHRI. S. D. TAWSHIKAR (C.R.NO.61)
As court is busy arguments in Suit No.6358 of 2003 and Suit
No.8098/2001, remaining first session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if
any.
Mr.Vishal Avinash Gore Assistant Manager of plaintiff and his
Adv.Upadhayay are present. He filed application for withdrawal of
the suit (Exh3).
The copy of authority letter is also placed on record along with
withdrawal application.
It is submitted that the defendant has repaid the loan amount,
plaintiff wish to withdraw the suit.
In view of the request made by the plaintiff, unconditional
withdrawal of the suit is permitted. Hence, the order
ORDER
1. Summary Suit No.198 of 2022 is disposed of as withdrawn.
2. Plaintiff is entitled for refund of court fees, as per the rules.
Judge
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