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SUMMARY CIVIL SUIT - SUMMARY SUIT

Indian Overseas BankVsMr. Harichandra Thakur +2 more

CNR MHCC01000200201828-COURT 28 ADD SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--JUDGMENT
Decision Date: 06th January 2020

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100391/2018
Registration Date
27 Mar 2018

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-06-2018
    Business: PO is on leave.
    Next Purpose: REPORT
    Next Hearing Date: 31-08-2018
    
    Date: 31-08-2018
    Business: None for Plaintiff.
    None for Defendant.
    Matter is adjd. to 20/12/2018 for Report.
    L.O.
    Adv. Sai Mali for plaintiff present.
    She filed affidavit of service of Def. no.1 and 3, TOR.
    She has also filed application for substitute service by way of paper publication of def. no.2 alongwith affidavit, TOR.
    Order  Read, heard. The writ of summons be served upon the defendant no.2 by way of paper publication in any two daily news papaers having vide circulation in the district where the defendant no.2 resides, on the cost of plaintiff. The plaintiff shall produce the copy of paper and other necessary documents on record regarding the service of defendant no.2.
    Next Purpose: REPORT
    Next Hearing Date: 20-12-2018
    
    Date: 20-12-2018
    Business: Adv. Talreja for plaintiff present
    None for defendant.
    Matter is adj to 08/03/2019 for exparte order.
    Next Purpose: REPORT
    Next Hearing Date: 08-03-2019
    
    Date: 08-03-2019
    Business: None for Plaintiff.
    None for Defendant.
    Matter is adjd. to 12/06/2019 for Service report.
    Next Purpose: REPORT
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Adv for plaintiff Ms.Salma Present
    She filed affidavit of service regarding deft no.2 along with news. Another affidavit of service shows that postal acknowledgement card regarding deft no. 1 and 3 are adused.
    O-It appears defendant No.1 to 3 fail to appear in the suit.  Therefore, suit to proceed exparte against deft No. 1 to 3.
    Matter is Adjd for Exparte Evidence to 16/07/2019
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Adv. Ms. Salma  for plaintiff present.
    None for defendant present.
    Matter is adjd for ex-parte evidence on 17.10.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Adv. Ghaswala of plaintiff present.
    KB.
    LO At 2.00 p.m.
    Adv. Ghaswala of plaintiff present.
    Representative of plaintiff present.
    Exh. 1- Plaint
    Exh. 2- V/p
    Exh. 3- Memorandum of address.
    Exh. 4- List of document
    Exh. 5- Affidavit of service @ original writ of summons.
    Exh. 6- Claim affidavit
    Exh. 7- List of document
    Exh. 8-  Copy of power of attorney.
    Exh.9- Sanction letter.
    Exh. 10- Demand promissory note.
    Exh. 11 Colly- Particulars of surety.
    Exh. 12- PL- 8 form
    Exh. 13- Confirmation letter.
    Exh. 14- Guarantee agreements.
    Exh. 15- Consent letter.
    Exh. 16- Revival letter.
    Exh. 17- Copy of legal notice.
    Exh. 18- Statement of account.
    Exh. 19- Particulars of claim.
    Adjd. to 19.12.2019 for argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Adv. Salma Ghaswala for plaintiff present.
    None for defendant present.
    Heard arguments on behalf of plaintiff.
    Matter adjd to 04/01/2020 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 04-01-2020
    
    Date: 04-01-2020
    Business: P.O. is on leave.
    Next Purpose: JUDGMENT
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: Adv. Prasannalaxmi for plaintiff present.
    F.R.S.R. following order passed
    ORDER
    1.The suit is ex-parte decreed with costs as under.
    2.Defendants No.1 to 3 shall jointly and severally pay to the plaintiff amount of Rs.1,79,852/- Rupees One Lakh Seventy Nine Thousand Eight Hundred and Fifty Two only with simple interest at the rate of 9 p.p.a. from the date of suit till realization of the amount.
    3.Court fees be refunded to the plaintiff as per rules.
    4.Decree be drawn up accordingly.
    Nature Of Disposal: JUDGMENT
    Disposal Date: 06-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 100178/2018
    Filing Date: 05-01-2018
    First Hearing Date: 18th June 2018
    Decision Date: 06th January 2020
    Court Number And Judge: 28-COURT 28 ADD SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Jan 2020

    Order Details: Ex-parte Judgement Pdf Text: SUMMARY SUIT NO.391/2018 1 Received on : 05012018 Registered on : 27032018 Decided on : 06012020 Duration : 02Y 00M 03D IN THE CITY CIVIL COURT AT MUMBAI SUMMARY SUIT NO. 3912018 (UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908) ( CNR NO.: MHCC01002002018) Indian Overseas Bank, a body Corporate Constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 having its Central Office at 763, Anna Salai Chennai600 002, Regional…

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