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Commercial Suit

Indian Overseas BankVsM/s. Ajitnath Estate Pvt. Ltd.

CNR MHCC01012408201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 06th November 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100505/2021
Registration Date
29 Jul 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: Nobody present.
    Adjd for report to 15/04/2021
    Next Purpose: REPORT
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
    Next Purpose: REPORT
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: None present.
    The matter is adjd for filing service affidavit to 14.10.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: None present.
    The matter is adjd for filing service affidavit to 25.11.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: None present.
    The matter is adjd for filing service affidavit to 22.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: None present.
    The matter is adjd for filing service affidavit to 01.02.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Business: None present.
    In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for affidavit of service to 11.03.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: None present.
    The matter is adjd for filing service affidavit to 16.04.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-04-2022
    
    Date: 16-04-2022
    Business: Adv. Kavita Singh for plaintiff present.  She sought time for taking steps.  Time as prayed for is granted.
    The matter is adjd for steps to 08.06.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: Adv. Ajay Pal for plaintiff present.  He prayed for extension of time for service of summons to deft.
    O. - Extension of time for service of summons to deft. is granted.
    The matter is adjd for filing service affidavit to 07.07.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv. Gopal Singh for plaintiff present.  He prayed for extension of time for service of writ of summons.
    O. - Extension of time for service of writ of summons is granted.
    The matter is adjd for affidavit of service to 03.08.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: None present.
    The matter is adjd for filing service affidavit to 06.09.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: None present.
    The matter is adjd for affidavit of service to 19.10.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-01-2023
    
    Date: 19-01-2023
    Business: The court is vacant.Hence, Matter is adjd.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: Court is vacant hence adj.to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: As court is vacant. Hence, Matter is adjd to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-08-2023
    
    Date: 30-08-2023
    Business: Matter received under transfer from Court Room No. 14
    Indian Overseas Bank Vs M/s. Ajitnath Estate Pvt. Ltd
    All called, but absent.
    Suit is filed 29.11.2019.
    Plaintiff to take steps regarding service. Else, put for necessary order.
    Matter adjourned to 05.11.2023 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: Indian Overseas Bank Vs M/s. Ajitnath Estate Pvt. Ltd.
    All called, but absent.
    
    Suit is filed on 29.11.2019 as Summary Suit No. 100295 / 2020 for recovery of Rs.42,64,110/- with interest @ of 13.50 percent per annum.
    Thereafter, Suit got renumbered as Commercial Suit No. 100505 / 2021.
    Till date, plaintiff has failed to secure  presence of defendants who are resident of Mumbai.
    Roznama shows that, plaintiff is regularly absent.
    Vide Order Dt. 16.04.2022 and Dt. 30.08.2023, the plaintiff was directed to take steps. Despite that, plaintiff failed to take steps.
    
    Sufficient time and opportunities were available to the plaintiff for taking steps.
    It appears that, plaintiff is not interested in trial and hence, is not taking any steps. It is also not his case that, the dispute is subjudice before the Honorable Appellate Court  and hence he is not taking any steps.
    No reason is forthcoming for absence and inactivity of plaintiff. Therefore, no purpose would be served by keeping the Suit  pending for indefinite period. Hence, following order is passed.
    Order
    1.Commercial Suit No. 100505 / 2021, Indian Overseas Bank Vs M/s. Ajitnath Estate Pvt. Ltd., is dismissed for want of prosecution.
    2. Order dictated and pronounced in open Court at 17.15 Hrs.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 06-11-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 113188/2019
    Filing Date: 29-11-2019
    First Hearing Date: 22nd September 2020
    Decision Date: 06th November 2023
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Nov 2023

    Order Details: Other Pdf Text: 06.11.2023 Coram : HHJ Shri V. S. Hingne, Additional Judge, (Court Room No.31) Sr. No.37 Commercial Suit No. 100505/2021 Indian Overseas Bank Vs M/s. Ajitnath Estate Pvt. Ltd. All called, but absent. Suit is filed on 29.11.2019 as Summary Suit No. 100295 / 2020 for recovery of Rs.42,64,110/- with interest @ of 13.50 % per annum. Thereafter, Suit got renumbered as Commercial Suit No. 100505 / 2021. Till date, plaintiff has failed to secure presence…

    Read Full Order

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