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Commercial Suit

Syndicate BankVsGangeshwar Tours and Travels

CNR MHCC01001215202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 29th March 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100412/2020
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: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: National lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: National Lockdwon due to Covid 19
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: 09-07-2020

Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI  R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Issue writ of summons.
Adjd for writ of summons to 01/12/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for writ of summons to 05.01.2021.
                                                                                Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Advocate Sujata Dahigaokar for plaintiff present.
None for defendant.
Matter is adjd.to 19-01-2021 for Writ of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Adv. Sujata Dahigavkar for plaintiff, submitted draft C/S, leave granted for registration. She also filed VP of Adv. Nanavare t.o.r. marked at Exh.2.
None for defendant
Matter is adjd.to 22-01-2021 for steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Adv. Sujata Dahigaokar for plaintiff , tendered register C/S No. 155/21.
None for defendant
CS NO. 155/21 is in respect of change in the name of
bank. Yet there is no service of summons to defendant.  It
is allowed to carry out the amendment as name of the
bank is changed as per notification of Central Government
dtd. 01-04-2020. C/S No. 155/21 is disposed off.
Plaintiff to carry out the amendment within a week.
Matter is adjd.to 02- 02-2021 for compliance and writ
of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: Adv. Sujata Dahigavkar for plaintiff , prayed for time to submit service report.
None for defendant
Matter is adjd.to 02-03-2021 for service report.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv. Ms. Sandhya Nanaware for plaintiff present.
None for defendant.
Matter is adjd.to 23.03.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: None for plaintiff and defendant.
Plff to take proper steps.
Matter is adjd.to 22.06.2021 for service report.
Next Purpose: SERVICE
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: SERVICE
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Both the parties absent when called out.
Next Purpose: SERVICE
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: Adv. Sujata Dahigavkar for plaintiff present
The plaintiff is directed to reissue writ of summons to the defendant.
Matter is adjd.to 11-10-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: None for plaintiff.
The plaintiff is directed to issue writ of summons for service upon the defendant.
Matter is adjd.to   23-11-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Advocate Sujata Dahigawkar for plaintiff present and
filed affidavit of service with original writ of summons and
acknowledgment t.o.r. and marked as Exh.3.
Matter is adjd.to  20-12-2021 for Exparte order.
Next Purpose: ORDER
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present.
On perusal of record, it appears that writ of summons was sent to the defendant through RPAD and it is duly served upon him as per acknowledgment annexed with writ of summons  and affidavit of service Exh.3, but the defendant failed to appear. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to  14-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: None for plaintiff.
Matter is adjd.to 07-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: The matter was on board dated 07/02/2022.
Holiday was declared on 07/02/2022 to mourn the sad demise of Bharat Ratna Lata Mangeshkar on 06/02/2022.
Matter is adjd.to 22-02-2022 for rec/evi. (P.H.).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Adv. Sujata Dahigaonkar i/b Adv. Sandhya Nanavare for plaintiff present and prayed for adjournment for filing evidence  - short date be given.
Matter is adjd.to 24-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv. Sujata Dahigaokar for plaintiff along with witness Amit Mohan Gaikwad present and filed evidence affidavit of witness   t.o.r. and marked as Exh.4.
He also filed list of documents t.o.r. and marked as Exh.5.
Oath is administered  to witness  Amit Mohan Gaikwad. He stated on Oath that evidence affidavit Exh.4 bears his signature and contents therein are correct. He also proved documents filed with list Exh.5 and they are Exhibited as under -
Exh.6- Loan application.
Exh.7- Letter of sanction.
Exh.8- Composite hypothecation  agreement.
Exh.9- Letter to debit monthly installments.
Exh.10- Confirmation of delivery of vehicle.
Exh.11- Letter of consent cum undertaking.
Exh.12- Receipt.
Exh.13- Legal notice.
Exh.14 Colly- Statement of account and relevant certificate.
Exh.15- Particulars of claim.
Exh.16- Evidence close pursis filed by the plaintiff   seen.
Matter is adjd.to  29-03-2022  for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Heard Ld. Adv. Sujata Dahigaonkar  for plaintiff
Exh.17 -   Ex parte Judgment.
F.R.S.R. following order is passed -
                           ORDER
1. Commercial Suit No. 412/20 is decreed.
2. The defendant is directed to pay amount of Rs.4,12,029.95/- (Rupees Four Lakhs Twelve Thousand Twenty-nine and Paise Ninety-five Only )to the plaintiff with interest @9.85 percent p.a. with monthly rest from the date of the suit till the date of realization within three months from the date of decree.
3. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly
Nature Of Disposal: DECREED
Disposal Date: 29-03-2022

Additional Case Details

Additional Case Details
Filing Number: 100933/2020
Filing Date: 20-01-2020
First Hearing Date: 27th March 2020
Decision Date: 29th March 2022
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
29 Mar 2022

Order Details: Ex-parte Judgement Pdf Text: Comm.Suit No. 412/2020. 1 Ex-parte Judgment (Exh.17). MHCC010012152020 Presented on : 20-01-2020 Registered on : 27-02-2020 Decided on : 29-03-2022 Duration : 2 years, 2 months, 9 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 412 OF 2020 Exh.17. (Syndicate) Canara Bank, a body corporate ) Constituted and functioning under the ) Banking Companies (Acquisition and ) Transfer of Undertakings) Act, 1970, ) having its Head office at (Manipal), )…

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