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SUIT - SHORT CAUSE CIVIL SUIT

BANK OF BARODAVsM/s. Choudhary Ladies Footware

CNR MHCC01000186201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--JUDGMENT
Decision Date: 09th March 2023

TrustJury record updated 16 Sept 2026

Case Overview

Registration Number
100285/2019
Registration Date
01 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 9

    Case History / Proceedings

    Case History
    Date: 22-02-2019
    Business: Both the parties and adv absent.
    Issue writ of summons.
    Matter adjd to 12.4.2019 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-04-2019
    
    Date: 12-04-2019
    Business: Adv. Ms. Pooja Mali for Plaintiff present, prayed for extension of time.- Granted.
    None for Defendant.
    Matter is adjd.for writ of summons on 19.08.2019.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Adv. Ms. Pooja Mali for plaintiff present.
    None for defendant present.
    Exh.1-Plaint.
    Exh.2- Vakalatnama.
    Exh.3- Address Memo.
    Exh.4- List of documents.
    Exh.5- Affidavit of service a/w original writ of summons filed by adv. Ms. Mali for plff., as per postal report, deft has left the address.
    Matter is adjd. for steps on 23.09.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Business: Court is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Plaintiff Bank officer present.
    Advocate Pooja Mali for plaintiff is present and filed draft C/S for substitute service for paper publication. Leave is granted to register.
    None present for defendant.
    L.O. at 1.15 p.m.
    Advocate for plaintiff filed registered C/S No. 201/20.
                                          ORDER
    C/S No. 201/20 is allowed. Substitute service upon the defendant is allowed by publishing in two daily news papers Free press general and Navashakti.
    Adjourned for compliance to 16.04.2020.
                                                                                   Judge
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Adv. Pooja Mali I/b Adv. Purnima Pandit for plaintiff present.
    Adv. for plaintiff filed affidavit of service. t.o.r
    Adjd for ex parte order to 30/03/2021
    Next Purpose: ORDER
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Adv. Puja Mali for plaintiff present.
    As per SOP no adverse orders can be passed against party absent.
    Hence adjd for passing exparte order against defendant to 24/06/2021
    Next Purpose: ORDER
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ORDER
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Due to COVID-19 matter adj. to
    Next Purpose: ORDER
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Adv. Ms. Pooja Mali for Plaintiff present.
    	None present for Defendant.
    	The two affidavits of the advocate and clerk of advocate for Plaintiff go to show that the summons sent on last known address of Defendant by RPAD returned back.  Thereafter, while paper publication in News Paper Free Press General and Nav-shakti dated 14/03/2020, the Defendant was asked to appear.  Despite such efforts and attempts to serve with summons, as the Defendant not turned up to contest the suit, the suit to proceed Ex-parte against Defendant.
    	Matter adj. to 27/10/2021 for Ex-parte Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Court is vacant
    Next Purpose: HEARING
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Court is Vacant.
    Next Purpose: HEARING
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: COURT IS VACANT
    Next Purpose: HEARING
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
    Next Purpose: HEARING
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: Matter called out at 11. 25 a.m.
    Adv. Ms. Nilima S. Alande h/f Ms. Purnima Pandit for plff present.
    None for defendant.
    Mr. Rizwan Merchant for plaintiff\''s bank present.
    Advocate for the plaintiff tendered evidence affidavit of P.W.-1 and list of documents along with documents t.o.r. and marked as Exhibits 6 and 7 respectively.
    Evidence affidavit – Exh. 6 verified.
    Matter is adjd on 17.08.2022 for Exhibiting of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Matter called out at 12.27 pm
    Adv Asubhe I/b Purnima Pandit for plff present
    None for Defendant
    Adv for plff seeks time on the ground that bank officer is transferred.  Granted
    Matter is adjd on 02.11.2022 for Admission Denial
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: Matter called out at 12.34 pm
    Adv Pranjali A. for plff present
    None for defendant
    Suit is wrongly under the caption of admission denials.  Suit is being proceeded exparte against defendant.
    Heard adv for plff.  Perused evidence affidavit.  In view of the evidence affidavit document with list Exh 7 are marked as under
    1.  Letter of Sanction dated 25.07.2016 as Exh 8
    2.  Demand Promissory note dated 25.07.2016 as Exh 9
    3.  Letter of Continuing Security dated 25.07.2016 as Exh 10
    4.  Letter of Sole Proprietorship dated 25.07.2016 as Exh 11
    5.  Composite undertaking cum declaration dated 25.07.2016 as Exh 12
    6.  Composite Hypothecation agreement dated 25.07.2016 as Exh 13
    7.  Advocate Notice dtd 21.06.18 as Exh 14
    8.  Statement of Account as Exh 15
    Matter is adjd on 21.12.2022 for Hrg
    Next Purpose: HEARING
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Matter called out at 11.23 am
    Adv Prajali Asube for plff present and tendered evidence close pursis t.o.r marked as Exh 16
    Adv  for defendant present
    Matter is adjd on 08.02.2023 for Argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: Adv. Pranjali for plaintiff present.
    heard argument of advocate for plaintiff.
    Matter is adjd on 23-02-2023 for Judgment.
    Reason For Adjournment: court time is over
    Next Purpose: JUDGMENT
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: None present.
    Court is busy in hearing argument in SU 306/20 ,SU 472/20 and recording statement u/s 313 of Cr. P.C. in SC 1282/19.Hence, adjourned.
    Matter is adjd on 09-03-2023 for judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 09-03-2023
    
    Date: 09-03-2023
    Business: Adv.Adv. Pranjali Asubhe h/f Adv. Purnima Pandit for plaintiff present.
    Judgment pronounced in open Court.
    Judgment.
    F.R.S.R. following order is passed
    Order
    1.  Suit is decreed with costs.
    2.   Defendant shall pay an amount of Rs. 2,32,596/- to the plaintiff with interest @ 10.65 percent p.a. from the date of the suit till realisation of entire amount.
    3.  Decree be drawn up accordingly.
    R and P be sent to Record Department.
    Nature Of Disposal: JUDGMENT
    Disposal Date: 09-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100213/2019
    Filing Date: 04-01-2019
    First Hearing Date: 22nd February 2019
    Decision Date: 09th March 2023
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    09 Mar 2023

    Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 285 of 2019 Exh. 17 MHCC010001862019 Presented on : 04-01-2019 Registered on : 01-02-2019 Decided on : 09-03-2023 Duration : 4 Y, 2 M, 5 D. Exh. 17. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.285 OF 2019. Bank of Baroda, a body ] Corporate, Constituted under the ] Banking Companies (Acquisition and Transfer ] of Undertaking) Act V 1970, ] having their…

    Read Full Order

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