Skip to main content
SUMMARY CIVIL SUIT - SUMMARY SUIT

Indian Overseas BankVsMr. Ajay Kashinath Thakur +2 more

CNR MHCC01000201201828-COURT 28 ADD SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 26th February 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100423/2018
Registration Date
03 Apr 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: 25-06-2018
    Business: Adv. Sai Mali for Plaintiff present.
    None for Defendant.
    Plaint.
    V.P.
    List of documents.
    Memorandum of address.
    Advocate for plaintiff filed Affidavit of service, TOR.
    Matter is adjd. to 10/09/2018 for Steps by the plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-09-2018
    
    Date: 10-09-2018
    Business: Both parties and adv are absent.
    Matter is adjd. 14/01/2019 to  for service.
    Later on
    Adv Ghaswala for plaintiff present.
    Matter is adj for 15/11/2018 for the steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    Business: Adv. Salma N. for Plaintiff present.
    None for Defendant.
    Matter is adjd. to 08/01/2019 for Service report of Defendant no.2 and 3.
    Next Purpose: SERVICE
    Next Hearing Date: 08-01-2019
    
    Date: 08-01-2019
    Business: The P.O. is deputed by the Hon\''ble High Court to MJA Uttan for one day Mediation training, hence board is discharged as case is adjourned to  28/02/2019 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Business: None  for Plaintiff.
    None for Defendant.
    Matter is adjd. to 29/04/2019 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 29-04-2019
    
    Date: 29-04-2019
    Business: Due to Election Holiday declared on 29.04.19
    Therefore, Board is discharge
    Next Purpose: SERVICE
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Adv. Salma for plaintiff.
    Application for substitute service by way of publication.
    Application is supported by affidavit.
    O- Application allowed.
    Defendant no 2 and 3 be serve through Paper Publication.
    Adjourned to 19/12/19 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Adv. Salma Ghaswala for plaintiff present
    and she filed service affidavit Exh.5
    Plaint.
    VP
    Memorandom of address.
    List of documents.
    filed service affidavit
    Adv. for defendant present.
    Matter adjd to 05/03/2020 for evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Representative of plaintiff present.
    Adv. Ghaswala for plaintiff filed
    Exh.7- Evidence affidavit.
    Exh.8- List of documents.
    Adjd for Ex-parte order to 08-06-2020
    Next Purpose: ORDER
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Next Purpose: ORDER
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ORDER
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ORDER
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: Adv. Ghowda for plaintiff
    Adjd to 26-02-2021
    Next Purpose: ORDER
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: CORAM : H.H.J SHRI. DEEPAK L. BHAGWAT(C.R.NO.28)
    Sujit Choudhary for the plaintiff present.
    The record reveals that vide affidavit of service Exh.5, the plaintiff filed service affidavit in respect of service on defendant No. 1.  The acknowledged card annexed to it shows that summons was served on defendant No.1.  The suit has already proceeded against defendant No. 1 in his absence.  Further,  the then Presiding Officer had allowed service of summons by substituted mode on defendants No. 2 and 3 as per noting dated 30.08.2019. The service affidavit Exh.6 along with the newspaper proclamation show that summons was, accordingly, duly served on defendant No. 2 and 3.  However, defendant Nos. 2 and 3 failed to appear.  The suit  also proceeded against defendants No. 2 and 3 in their absence.  However, it appears that formal order of exparte was not recorded in the suit.  Hence, the same is being formally recorded today as that despite service of summons defendants No. 1 to 3 failed to appear hence the suit proceeded exparte against defendants No.1 to 3.
    F.R.S.R following order passed:-
    1) Summary suit is exparte decreed with costs as under
    2) Defendants No.1 to 3  jointly and severally shall pay to the plaintiff the amount of Rs. 1,70,498/-with simple interest @ 10% P.A. from the date of the suit till realisation of the amount.
    3) Decreed be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 26-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 100179/2018
    Filing Date: 05-01-2018
    First Hearing Date: 25th June 2018
    Decision Date: 26th February 2021
    Court Number And Judge: 28-COURT 28 ADD SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    26 Feb 2021

    Order Details: Ex-parte Judgement Pdf Text: Judgment Exh.9 1 Sum.Suit 423/18 MHCC010002012018 Presented on : 05-01-2018 Registered on : 03-04-2018 Decided on : 26-02-2021 Duration : 3 years, 1 months, 21 days IN THE CITY CIVIL COURT AT MUMBAI SUMMARY SUIT NO. 423 OF 2018 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 Chennai-600 002, Regional Office 5th Floor, E-Wing, Maker Tower…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.