Commercial Suit
Union Bank of IndiaVsAyush Tours and Travels
CNR MHCC01013492201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 16th March 2026
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100056/2021
- Registration Date
- 20 Feb 2021
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2
Case History / Proceedings
Case History
Date: 22-03-2021
Business: Adv. Mr. Upaddyay for plaintiff, submitted application for extension of time for writ of summons- Granted.
It is prayed for service of summons by RPAD to deft no.2- Allowed.
None for defendant.
Matter is adjd.to 26.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Court is on Leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Both the parties absent when called out.
Adjourned to 17.09.2021 for direction.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: None for plaintiff.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv. Shivesh Upadhyay for plaintiff present and filed application for extension of time for service of writ of summons t.o.r. - allowed as prayed.
Matter is adjd.to 16-12-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Adv. Shivesh Upadhyay for plaintiff present.
Time is extended for service of writ of summons.
Matter is adjd.to 10-02-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Adv. Archana Bhor for plaintiff present and prayed for extension of time for service of writ of summons.
Time is extended for service of writ of summons.
Matter is adjd.to 22-03-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: None for plaintiff.
Matter is adjd.to 08-06-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv. Shivesh Upadhyay for plaintiff present.
Application for extension of time for serving writ of summons upon defendant. O- Granted.
Adjd for writ of summons to 28/07/2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: None for plaintiff present
None for defendant present
plaintiff is directed to serve the writ of summons and file the report.
LO Adv. Shivesh Upadhyay for plaintiff present.
Adjd. to 16.09.2022 for taking steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: None present when called.
Plaintiff to take steps.
Adjd for taking steps to 09/12/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: None present when called. Plaintiff to take steps on next date.
Adjd for taking steps to 20/01/2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv. Shivesh Upadhaya for plaintiff is present and sought time for taking steps. Granted.
None for defendant.
Case is adjourned for steps to 28-03-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: None present.
Plaintiff directed to take steps otherwise further order will be passed.
Case is adjourned to 07.06.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: Union Bank of IndiaVsAyush Tours and Travels
All called, but absent.
Parties to takes steps. Else, put for necessary order.
Matter adjourned to 04.09.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Union Bank of India Vs Ayush Tours and Travels
Adv. Archana Bhor present for plaintiff.
Plaintiff to take steps. Else, put for necessary order.
Matter adjourned to 16.09.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: Union Bank of India Vs Ayush Tours and Travels
Today, Court Hall shifted from Third Floor to First Floor.
Adv. Archana Bhor present for plaintiff.
Exh.2 - Draft Chamber Summons filed by plaintiff for Paper Publications.
Order - Allowed.
Exh.3 - Affidavit in support of Chamber Summons.
Chamber Summons be registered for statistical purpose.
Today, Court Hall shifted from Third Floor to First Floor.
Matter adjourned to 07.10.2023 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: Union Bank of India Vs Ayush Tours and Travels
Intern Satish Jha present for plaintiff.
Plaintiff to take steps regarding service. Else, put for necessary order.
Matter adjourned to 10.01.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Union Bank of India V/s Ayush Tours and Travels
Adv. Manjula Chigari present for plaintiff.
She is seeking time to effecting service.
Case adjourned to 28.03.2024 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: Union Bank of India V/s Ayush Tours
Matter pertains to Court Room No.31
Adv. Manjula Chigari present for plaintiff.
Exh.4 - Affidavit of service filed by plaintiff.
Order - Presented. Put up before regular Court.
Suit adjourned to 20.04.2024 for Order on Exh.4.
Next Purpose: ORDER
Next Hearing Date: 20-04-2024
Date: 20-04-2024
Business: Union Bank of India Vs Ayush Tours and Travels
Plaintiff side called, but absent.
Plaintiff to argue on affidavit of service at Exh.4
Suit adjourned to 12.08.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-08-2024
Date: 12-08-2024
Business: Union Bank of India Vs Ayush Tours and Travels
Adv. Archana Bhor present for plaintiff.
She is seeking oral adjournment to take steps.
Exh.04 affidavit of service mentions that, RPAD Summons is returned with postal endorsment door locked.
Suit adjourned to 09.12.2024 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2024
Date: 09-12-2024
Business: Union Bank of India Vs Ayush Tours and Travels
Adv. Piyush Mishra present for plaintiff.
Plaintiff is seeking oral adjournment to take steps regarding service.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 08.04.2025 for service.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-04-2025
Date: 08-04-2025
Business: None present for plaintiff.
Since long matter is pending for steps. No steps taken. Hence, matter stands Adj for dismissal on 08-07-2025.
Next Purpose: DISMISSAL
Next Hearing Date: 08-07-2025
Date: 08-07-2025
Business: Adv. Archana Bhor h/f M/s V. B. Tiwari and Co. for plaintiff present.
Kept back.
Later on at 12.25 pm
Same appearance for the plaintiff.
Exh.5 Application for removing the caption of dismissal.
O. Allowed as plaintiff has filed draft chamber summons.
Adv for the plaintiff filed draft Chamber Summons along with affidavit in support. TOR.
O. Leave is granted to register the same.
It appears defendants could not served as RPAD envelope shows endorsement Door Locked. There is reason to believe that defendant are avoiding service of summons. Hence, issue summons under Order 5 Rule 20 of Code of Civil Procedure by way of publication in local news papers widely circulated in the area i.e. one Marathi and one in English. Draft Chamber Summons is allowed. It be registered for statistical purpose.
Matter stands Adj to 08-09-2025 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-09-2025
Date: 08-09-2025
Business: Adv. Vinod Shukla for plaintiff present,.
Exh.6 Application for extension of time for paper publication.
O. Time granted till next date.
Matter stands Adj to 03-11-2025 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-11-2025
Date: 03-11-2025
Business: None present for plaintiff.
Plaintiff not filed service affidavit till this date. Hence, put up suti for dismissal order.
Matter stands Adj to 14-01-2026 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 14-01-2026
Date: 14-01-2026
Business: None present for plaintiff.
Plaintiff yet not tendered registered Chamber Summons which is disposed off on 08.07.2025 and not filed service affidavit.
Matter stands Adj to 16-03-2026 for dismissal order.
Later on at 11.20 am.
Adv. Mamta Panigrahi for plaintiff present.
Next Purpose: DISMISSAL
Next Hearing Date: 16-03-2026
Date: 16-03-2026
Business: None present for plaintiff.
Though chamber summons was allowed on 08.07.2025. Plaintiff failed to tender registered Chamber Summons on record till this date. On 08.09.2025 extension was granted to comply order under Order 5 Rule 20 of the Code of Civil Procedure. Twice time was granted to plaintiff to file service affidavit on record. Suit was posted for dismissal order twice. It appears plaintiff is not interested in the suit. Hence, suit is dismissed in default. Interim application if any also stands disposed of. Proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 16-03-2026Additional Case Details
Additional Case Details
Filing Number: 114286/2019 Filing Date: 21-12-2019 First Hearing Date: 22nd March 2021 Decision Date: 16th March 2026 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Orders
1Final Order 116 Mar 2026
16 Mar 2026
Order Details: Other Pdf Text: 16.03.2026 06,8 Court Room No.31 - Commercial Court, Mumbai Coram : PRASAD P. KULKARNI, District and Additional Sessions Judge Com Suit 56/2021 Ch/Sum 1913/2025 None present for plaintiff. Though chamber summons was allowed on 08.07.2025. Plaintiff failed to tender registered Chamber Summons on record till this date. On 08.09.2025 extension was granted to comply order under Order 5 Rule 20 of the Code of Civil Procedure. Twice time was granted to plaintiff to file service affidavit on record. Suit was posted for dismissal order twice. It appears plaintiff is not interested in the suit. Hence, suit is dismissed in default. Interim application if any also stands disposed of. Proceeding is closed. Judge -- 1 of 1 --
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