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Commercial Suit

Syndicate BankVsM/s. HMR Tours and Travels

CNR MHCC01000903202032-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 19th July 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100411/2020
Registration Date
27 Feb 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 08-04-2020

Date: 08-04-2020
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: 20-04-2020

Date: 20-04-2020
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: 11-05-2020

Date: 11-05-2020
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: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 14-07-2020

Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 20-07-2020

Date: 20-07-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 15.10.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Business: As Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 09-11-2020

Date: 09-11-2020
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  25/11/ 2020 for direction
Next Purpose: DIRECTIONS
Next Hearing Date: 25-11-2020

Date: 25-11-2020
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 14.12.2020  for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 12.01.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 06.02.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Adv.Sujata Dahigaonkar present and filed vakalatnama, Exh.2 for Adv.Sandhya Nanavare on behalf of plaintiff t.o.r.
Adv.Sujata Dahigaonkar h/f. Adv.Sandhya Nanavare for plaintiff present.
None present for defendant.
Draft chamber summons a/w. affidavit of draft chamber summons filed by Adv.of plaintiff t.o.r. O-Leave granted to register draft chamber summons.
              Heard Ld. Adv. for the plaintiff. The contentions in the chamber summons that the suit was filed initially in the name of Syndicate Bank. The Syndicate Bank now amalgamated with Canara Bank on 04.03.2021. It is the case of the plaintiff that the Syndicate Bank now functions as Canara Bank. The plaintiff accordingly has sought to amend the plaint. It needs to be mentioned that the defendant is not served the suit summons yet. The amendment would not prejudice the defendant. In the interest of justice the amendment is to be allowed.
ORDER
1. The draft chamber summons is allowed.
2. The plaintiff is directed to carry out the amendment within two weeks from today.
3. Draft chamber summons be disposed of.
4. Draft chamber summons be registered for statistical purpose.
Matter adjd to 05.03.2021 for Ch/s reply.
LO
Registered chamber summons No.270/2021 received from board department.
Matter adjd to 05.03.2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: Adv.Sandhya Nanavare for plaintiff present.
None present for defendant.
          The chamber summons No.270/21 was allowed but it appears in the last roznama the chamber summons posted for reply. The roznama now is to be read as compliance of order in chamber summons No.270/2021.
Application, Exh.3 for extension of time to comply the order dated 06.02.2021 t.o.r. O-granted.
Matter adjd to 15.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Adv.Sujata Dahigaonkar for plaintiff present.
None present for defendant.
Issue suit summons to the defendant.
Matter adjd to 07.04.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 06.05.2021 for await service report.
Next Purpose: REPORT
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: As Court is on leave, matter is adjd to 21.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv.Sujata Dahigaonkar h/f.Adv.Sandhya Nanavare for plaintiff present.
None present for defendant.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
ORDER
Issue writ of summons to the defendant. Returnable on 27.10.2021.
Matter adjd to 27.10.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 1.15 p.m.
The plaintiff is absent. Service affidavit is not filed.
Matter adjd to 30.11.2021 for Service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.31)
(Matter pertains to C.R. NO. 32)
Adv. Sujata Dahigaonkar for plaintiff present and filed affidavit of service with original writ of summons and bailiff report  t.o.r. and marked as Exh.
Matter is adjd.to 10-01-2022 for ex parte order.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: Adv. Ms. Sujata Dahigoankar for plaintiff present.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 10.02.2022 for Order against Defendant.
Next Purpose: ORDER
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: None present.
In view of SOP dated 6.1.2022, matter adjd to 01.03.2022 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Adv. Sujata Dahigaonkar i/b Adv. Sandhya Nanavare present for plaintiff.
None present for defendant.
ORDER BELOW EXHIBIT-1.
Read the service affidavit at Exh.5 and bailiff report therein.  Summons is duly served on the defendant. The defendant remained absent. Hence, suit to proceed Ex-parte.
Matter is adj. to 24.03.2022 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adjd to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: (Matter pertains to Court no.32)
N.O.B.T.O.B. (BY PRECIPEE)
Adv. Sujata Dahigaonkar for plaintiff present.
Adv. for plaintiff filed precipe for taking matter on today\''s board t.o.r marked as Exh.6.
She filed affidavit of evidence (Exh.7) a/w list  of documents Exh.8.
Matter already adjd to 20.04.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Adv.Sujata Dahigaonkar h/f.Adv.Sandhya Nanavare for plaintiff present.
None present for defendant.
Witness present.
Oath of Mr.Amit Mohan Gaikwad (PW-1) is affirmed.
The plaintiff filed evidence close pursis t.o.r and marked as Exh.9.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr.No.1 is loan application (page No.13-15).  It is marked as Exh.10.
2. The document at Sr.No.2 is the sanction letter (page No.16-17). It is marked as Exh.11.
3. The document at Sr.No.3 is Composite Hypothecation Agreement (page No.18-36). It is marked as Exh.12
4. The document at Sr.No.4 is letter to debit monthly installments (page No.37). It is marked as Exh.13.
5. The document at Sr.No.5 is particulars of assets and liabilities (page No.38-41).  It is marked as Exh.14.
6. The document at Sr.No.6 is letter of consent cum undertaking (page No.42).  It is marked as Exh.15.
7. The document at Sr.No.7 is receipt (page No.43). It is marked as Exh.16.
8. The document at Sr.No.8 is legal notice (page No.44-45). It is marked as Exh.17.
9. The document at Sr.No.9 are statement of account and relevant certificates (page No.46-54). They are marked as Exh.18 (colly).
10. The document at Sr.No.10 is the particulars of claim. It is marked as Exh.19.
Suit is ex-parte, hence, no cross.
Heard final argument of plaintiff.
Matter adjd to 05.05.2022 for citations and judgment.
Next Purpose: CIATATION
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: None present for plaintiff.
None present for defendant.
KB
L.O. at 04.55 p.m.
None present for plaintiff.
None present for defendant.
Matter adjd to 10.06.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: None present for both sides.
KB LO at 1.15 p.m
Adv Sujata Dahigonkar for plff present.
Matter adjd to 02.07.2022 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: None present.
KB.
KB. LO 12.15 pm.
Adv. Suja Dahigaonkar present for plff.
None Present for Deft.
Adj. For argument on 19/07/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Adv. Sujata Dahigaonkar I/b Adv. Sandhya Nanavare Present for Plff.
None Present for Deft.
Heard argument of adv of plff.
F.R.S.R. following order is passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.6,11,928/- with interest @ 10.75 % p.a. from the date of suit till realization of the said amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 19-07-2022

Additional Case Details

Additional Case Details
Filing Number: 101001/2020
Filing Date: 21-01-2020
First Hearing Date: 27th March 2020
Decision Date: 19th July 2022
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1Full order available
19 Jul 2022

Order Details: Copy of Judgment Pdf Text: 1 Comm. Suit No.411/2020 MHCC010009032020 Presented on : 21/01/2020 Registered on : 27/02/2020 Decided on : 19/07/2022 Duration : 2Y 4M 22D IN THE CITY CIVIL COURT AT MUMBAI. COMMERCIAL SUIT No. 411 OF 2020 Canara Bank, a body corporate, constituted and functioning under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at 112, C.J. Road, Bangalore, Karnataka State and having one of their branch offices at…

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