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Commercial Suit

Canara BankVsSabira Ibrahim Shaikh

CNR MHCC01000666202032-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 13th September 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100020/2020
Registration Date
16 Jan 2020

Advocates

2

For Respondent

Parties

2

Petitioner

  1. 1Canara Bank

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 14-02-2020
Business: P.O. is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: None present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency. Matter adjd to 17/04/2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 09-07-2020

Date: 09-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 22.10.2020  for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 03.11.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  24/11/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  09/12/2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 07.01.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 03.02.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Plaintiff absent.
Defendant absent.
Adv.Rishabh Mishra  for plaintiff present.
Adv. for plff. filed an application, Exh.2 for issued fresh writ of summons. Order - Issue fresh writ of summons.
Matter adjd to 2/3/2021 for service report.
Next Purpose: SERVICE
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Adv.Mugdha R. Sawant for plaintiff present.
None present for defendant.
Ld. Adv. had filed affidavit of service, Exh.3 of writ of summons. The defendant is not served. Plaintiff to take steps to serve the defendant.
Matter adjd to 12.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Adv.Shailaja Shukla for plaintiff present.
None present for defendant.
Adv. of plaintiff filed draft chamber summons a/w. affidavit in support of draft chamber summons.
O-Leave granted to register draft chamber summons.
ORDER ON DRAFT CHAMBER SUMMONS
1. Issue summons to the defendant by publication in \''Business Standard\'' English Newspaper and \''Pudhari\'' in Marathi.
2. The chamber summons stand disposed of.
3. Chamber summons be registered for statistical purpose.
Matter adjd to 06.04.2021 for compliance.
LO
Registered chamber summons No.584/2021 received from Board department.
Matter adjd to 06.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 26.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 21.06.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: PO is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.13 pm
None present.
The plaintiff is directed to comply the order dated 12.03.2021 without fail.
Matter adjd to 29.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.06 pm
None present.
ORDER
Read the last roznama dated 02.09.2021. The plaintiff failed to comply with the order dated 12.03.2021. Service affidavit in respect of paper publication is not filed. Hence, suit is kept for passing order of dismissal of suit.
Matter adjd to 18.10.2021 for passing dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: on 18.10.2021 holiday is declared.
Next Purpose: DISMISSAL
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Adv.Saraswati Purohit i/b.Adv.Rajkumar Shukla Law Firm for plaintiff present.
None present for defendant.
Application for extension of time for service of suit summons by paper publication, Exh.4. O-Time is extended  for service of suit summons by paper publication.
Matter adjd to 16.12.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.26 p.m.
Adv.Saraswati Purohit for plaintiff present.
Plaintiff filed application for extension of time for service of suit summons, marked as Exh.05.
O-Time is extended for service of suit summons as per order dated 12.03.2021
Matter adjd to 04.02.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: None present. In view of SOP dated 6.1.2022, matter adjd to 04/03/2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: None present for plaintiff.
None present for defendant.
       Plaintiff remained absent. Service affidavit is not filed. Kept for order against plaintiff.
Matter adjd to 25.03.2022 for order against plaintiff.
                                                                                              Judge
LO at 12.53 pm,
Adv.Saraswati Purohit h/f.Adv.Rajkumar Shukla for plaintiff present.
Adv. of plaintiff filed application for extension of time for service of suit summons by paper publication t.o.r. and marked as Exh.6.
ORDER ON EXH.6
Heard the plaintiff. Read the roznama dated 12.03.2021. The plaintiff was allowed to serve the defendant by paper publication by order dated 12.03.2021. Till today, the plaintiff has not complied with this order. Read the application Exh.5, the plaintiff on 16.12.2021 had sought extension of time to comply with said order dated 12.03.2021. Inspite of extension of time allowed by the Court, the plaintiff failed to comply it. Considering the conduct of the plaintiff, last chance granted. Time for service of suit summons in view of order dated 12.03.2021 is extended as last chance.
Matter adjd to 29.04.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Court is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. Arafat Shaikh present for Plff.
None present for deft.
Adv of plff has filed service affidavit along with news paper- The Business Standard dt. 31.03.2022.
As per service affidavit deft served suit summons on 31.03.2022.
adj. For order against Deft on 28/07/2022.
Next Purpose: ORDER
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: PO is on leave
Next Purpose: ORDER
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: None present.
KB LO. 12.15.
Adv. Pooja Tripathi I/b Rajkumar Tripathi Law firm Present for Plff.
None Present for Deft.
AS per service affidavit deft served with summons  by way of paper publication on 31/03/2022. deft did not appear. Hence suit be proceeded ex-parte against deft.
Adj. For Ex-parte evidence on 20/08/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: Adv. Saraswati Rapurohit Present for Plff.
None Present for Deft.
KB LO 1.00.
Adv. Arafat Shaikh Present for Plff.
Ex.08 - Adv of plff filed statement of truth.
Ex. 09 – Adv of plff filed list of document.
Ex. 10 - Adv of plff filed  chief examination of PW-1 Ashok Kumar vishwanath Sharma as Sr. Manager.
PW-1 present. Oath given to the witness in Hindi Language.
Heard Adv.of plaintiff on the point of exhibiting documents. As the suit is ex-parte, no argument of defendant. Documents filed with list Exh.9 which are referred in chief examination are marked exhibit as under.
Ex.11 – Loan application dt. 21/09/2022.
Ex.12 – Sanction memorandum.
Ex.13 – Certificate of loan papers.
Ex.14 – Letter evidencing execution of document.
Ex.15 – Letter of undertaking.
Ex.16 – Particular of vehicles/Machinery/ Equipment/ Livestock.
Ex.17 – Deed of hypothecation.
Ex.18 – Acknowledgement of debt and security.
Ex.19 – Legal notice.
Ex.20 - Statement of account.
Suit is ex-parte, hence, no cross.
Adj. For Further evidence on 03/9/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: As per office order No.178/2021 dt. 25/08/2022 of Honble Principle Judge and Letter no. X(Gen)-0202/2022/1622 dt. 25.08.2022 of Honble High Court, Bombay, today declared holiday on account of Ganesh Festival.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv. Pooja Tripathi h/f Rajkumar Shukla law firm Present for Plff.
None Present for Deft.
Ex.21- Adv of plff has filed evidence closure pursis. t.o.r.
Heard argument adv of plff.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.4,61,114/- and interest @ 10.15% p.a. + penal interest @ 2% p.a. on principal sum of Rs.3,25,694/- from the date of suit till realization of the said amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 13-09-2022

Additional Case Details

Additional Case Details
Filing Number: 106830/2019
Filing Date: 24-06-2019
First Hearing Date: 14th February 2020
Decision Date: 13th September 2022
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1Full order available
13 Sept 2022

Order Details: Ex-parte Judgement Pdf Text: 1 Comm. Suit No.20/2020 MHCC010006662020 Presented on : 24/6/2019 Registered on : 16/01/2020 Decided on : 13/09/2022 Duration : 02Y/07M/28D IN THE CITY CIVIL COURT AT MUMBAI. COMMERCIAL SUIT No.20 of 2020 Canara Bank, a body corporate, constituted under the Banking Companies (Acquisition and 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 Naigaum Dadar Branch having…

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