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Court Order

Final Order 1

CNR MHCC01000360201810 Aug 2018
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 10 Aug 2018 · CNR MHCC010003602018

Order Details: Notice of Motion
Pdf Text: NM 110/2018 SUIT NO.6606/2005 1
CNR NO.MHCC010003602018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.110 OF 2018
IN
SUIT NO.6606 OF 2005
State Bank of India .. .. Plaintiff
Versus
Shailesh Shivaji Ghag & Anr. ...Defendants
Smt.J.P.Thakkar advocate for Plaintiff.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad hoc DistJudge
C.R No. : 32
Dated : 10th August 2018
ORDER
1. Defendant No. 2 taken out this motion to set aside for exparte
order dated 23/10/2017 with prayer for condition of delay of 42 days.
2. As per the order dated 23/10/2017 suit was exparte decreed and
defendant no.1 and 2 were directed to pay amount no Rs.72,202.68
with interest @6% p.a.
3 After the exparte decreed defendant no.2 approached to the
bank. Bank has asked him to deposit the amount of Rs.60,000/ against
the decretal amount of Rs.72,202.68. Today the defendant No.2 also
produced the letter of the plaintiff bank with the signature of branch
manager that late Shri.Subhash Shantaram Ghag had a personal loan
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NM 110/2018 SUIT NO.6606/2005 2
account 10044731399 with ouR Branch said loan fully paid by
Guarantor Mr.Ashok Dhondu Mankar via one time settlement on
11/07/2018 by ch no.214329, now no dues are pending against his
personal loan.
4. Defendant No.2 also filed pursis vide Exh 21 with the statement
that there are no dues against the personal loan of deceased Subhash
Ghag and the original decree dated 23/10/2017 be treated as a full and
final settled.
5. As defendant No.2 has fully and finally satisfied the decree dated
23/10/2017 by depositing the amount of Rs.60,000/ hence, nothing is
remained to be due towards the decretal amount, hence, I proceed to
pass following order.
ORDER
' 1. Notice of Motion No.110/2016 is disposed of.
2. No order as to costs.
Date : 10/08/2018 (Pushpa N. Rao)
Ad hoc Dist.Judge
Bombay City Civil Court
Greater Mumbai
Dictation Direct typed on computer: 10/08/2018
Signed by HHJ on : 10/08/2018
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NM 110/2018 SUIT NO.6606/2005 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
13/08/2018 at ( 11.25p.m.) Mrs. J.V.Pawar
Name of the Judge (With Court room
No.)
HHJ Smt.Pushpa N Rao
C.R.No.32
Date of Pronouncement of
JUDGMENT/ORDER
10/08/2018
JUDGMENT/ORDER signed by
P.O.on
10/08/2018
JUDGMENT/ ORDER uploaded on 13/08/2018
.
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