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SUIT - SHORT CAUSE CIVIL SUIT

Canara BankVsJivnath Avadhkishor Thakur

CNR MHCC01000305201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 28th June 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100723/2019
Registration Date
14 Mar 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 04-04-2019
    Business: Adv.Shraddha Agarwal for plaintiff present.
    Exh-1 Plaint
    Exh-2 Vakalatnama
    Exh-3 Memorandum of register address
    Exh-4 List of documents.
    Exh-5 Adv.Shraddha Agarwal for plaintiff tendered application for re-issue. O-Allowed.
    Matter adj for filing service report on 04/07/19.
    Next Purpose: SERVICE
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Matter called out (12.05pm)
    None present.
    Matter adj for filing service report on 13/09/19.
    Next Purpose: SERVICE
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv.S. Shukla for plaintiff present.
    Adv. for defendant absent.
    Advocate for plaintiff filed service affidavit.
    Matter adjd to 28.01.2020  for reply.
    Next Purpose: REPLY
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv.Shaileja Shukla for plaintiff present.
    Adv. for defendant absent.
    As per the report affidavit of service defendant duly served. Absent today. Hence suit is proceeded ex-party against defendant.
    Matter adjd to  05.05.2020 for ex-party evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: None present.
    Adjd to 01-03-2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Adv. Shraddha for plaintiff
    None for defendant
    Adjd on the request of plaintiff to 29-06-2021
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: None present for both parties.
    Matter is adjd to 22.12.2021 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: None present.
    KB
    LO  at 12.15 p.m.
    Adv. Mishra for plaintiff present.
    Plaintiff present.
    Adv. for plaintiff filed
    Exh.7 Evidence t.o.r.
    Exh.8 List of document along with documents t.o.r.
    Exh.9 Original Loan Application t.o.r.
    Exh.10 Original Sanction Memorandum t.o.r.
    Exh.11 Original Certificate for Loan Papers Obtained t.o.r.
    Exh.12 Original Letter of Evidencing Execution of documents t.o.r.
    Exh.13 Original Letter of Undertaking re Loans /Advances. t.o.r.
    Exh.14 Original Particulars of Vehicles/ Machinery/ Equipment/ Lives tock e.t.c. Hypothecated t.o.r.
    Exh.15 Original Deed of Hypothecation re Vehicles t.o.r.
    Exh.16 Original Acknowledgment of Debt and Security t.o.r.
    Exh.17 Office copy of Advocate\''s Notice, postal receipt and acknowledgment Card t.o.r.
    Exh.18 Statement of Account t.o.r.
    Exh.19 Adv. for plaintiff also filed evidence closer pursis t.o.r.
    Adjourned for argument to 19.01.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: The suit is posted for argument, in view of SOP dated 07/01/2022, Order No.07/22. Both parties to attend arguments  through VC on next date or otherwise filed written notes of argument.
    Matter is adjd.  to 29-03-2022 for arguments
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: Advocate Mr. Mishra for plaintiff present.
    None for defendant.
    Matter is adjd. for ex-parte argument to 13-06-2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Adv. Rushab Mishra for Plaintiff present.
    None present for defendant.
    Heard arguments of ld. Adv. For Plaintiff.
    Adjd to 28/06/2022 for Ex-parte Judgment
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Adv. Arafat Shaikh for Plaintiff present.
    None present for defendant.
    Ex-parte Judgment.
    F.R.S.R. following order is passed.
    ORDER
    1.  Suit is decreed with costs.
    2.  Defendant is hereby directed to pay an amount of Rs. 2,16,411 /- with interest at the rate of 11.5% p.a. from
        the date of filing suit till date of decree.
    3. Defendant is liable to pay interest at the rate of 9 % p.a. on
       decreetal amount from the date of decree till its realization.
    4. Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 28-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100338/2019
    Filing Date: 08-01-2019
    First Hearing Date: 04th April 2019
    Decision Date: 28th June 2022
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    28 Jun 2022

    Order Details: Copy of Judgment Pdf Text: S.C.Suit No.7232019 1 Exh Lodged on 08.01.201903 Decided on 28/06/2022 Duration on 03Ys.05Ms.20Ds MHCC010003052019 IN THE CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.723 OF 2019 Canara Bank, a body corporate Constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 having its Head Office at 112, J.C.Road, Bangalore560 002, and one of its Branch Office amongst others known as Mumbai Girgaon SSB Branch, Girgaum, Mumbai 400 004 … Plaintiff V/s…

    Read Full Order

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