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SUIT - SHORT CAUSE CIVIL SUIT

Canara BankVsKalaivani Sundarpandi +1 more

CNR MHCC01001689201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
101525/2021
Registration Date
07 Jun 2018
Next Hearing Date
22 Sept 2026
Case Stage
AFFIDAVIT OF SERVICE

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 28-06-2018
    Business: Adv. Manjiri Mishra for plaintiff present.
    Matter is adj for direction on 12/11/18.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 12-11-2018
    
    Date: 12-11-2018
    Business: Court is on Leave.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 22-01-2019
    
    Date: 22-01-2019
    Business: Adv. Abhishek Mishra for plaintiff.
    Exh-1 Plaint
    Exh-2 Vakalatnama
    Exh-3 Memorandum of register address
    Exh-4 List of documents.
    Exh-5 Adv. Abhishek Mishra for plaintiff tendered application for extension of writ of summons.
    Matter is adj for filing service affidavit on 02/04/19.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: Exh- Adv.Shraddha Agarwal for plaintiff  tendered application for re-issue of summons. O-Allowed.
    Matter adj for affidavit of service on 18/06/19.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: Matter called out (1.04 pm)
    Adv.Mughdha Sawant for plaintiff tendered application for extension of time. Time granted.
    Matter adj for filing affidavit of service on 30/07/19.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: None present.
    Adv. Sharadha Agrawal for plaintiff present.
    Adv.for defendant absent.
    Advocate for plaintiff tender affidavit of service.
    Matter adjd to 21.09.2019  for further steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-09-2019
    
    Date: 21-09-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Shailja Shukla for plaintiff present.
    Adv. for defendant absent.
    Advocate for plaintiff tender chamber summons @ affidavit - Leave is granted to register.
    Matter adjd to  22.10.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Rajesh Dubey for plaintiff present.
    Adv. for defendant absent.
    FRSR - Order below in Chamber summons no. 1717/2019.
    1) Chamber summons  No. 1717 of 2019 is allowed.
    2) Plaintiff is permitted to publish writ of summons in the local newspaper Free press journal (English) and Navshakti (Marathi).
    3) Plaintiff to bear expenses of publication.
    4) Plaintiff is directed tender publication @ affidavit of service.
    Matter adjd to 21.04.2020 for compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: None present.
    Adjd to 14-06-2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: Both parties and their advocates are absent when called out.
    Matter is adjd.to 17.08.2021 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: None present.
             Perused the proceeding sheet and plaint.
    2.     Suit was initially registered as a Short Cause Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute.
    3.    Section 12 of the Commercial Courts Act, 2015  makes a provision for determination of specified value.  As per section 12 (1)(a) of the Commercial Courts Act, 2015, where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in a suit or application inclusive of interest, if any, computed upto the date of filing of the suit or application, as the case may be, shall be taken into account for determining such specified value.
    4.    Plaintiff is seeking recovery of the amount of Rs.2,70,154/-.  It has also valued the suit for said amount.  Thus, as per section 12(1)(a) of  the Commercial Courts Act, 2015, specified value of the present suit would be Rs.2,70,154/-. Present suit does not qualify as a Commercial dispute considering the valuation of the claim made by the plaintiff.  Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
    Matter is adjd for compliance of above order to 28.08.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: Board is discharge.  Matter adj. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Court is Vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: As Court is Vacant Board discharged adj. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: P.O.is in Training
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: None for plff
    None for Defendant
    Matter is referred to Lok-Adalat.
    Matter is adjd on 13.08.2022 for Lok-Adalat
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Plaintiff and advocate absent.
    None for defendant.
    Matter is not settled in Lok-adalat.
    Matter is adj to 02/11/2022
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: Adv Pooja Tripathi for plff present
    None for defendant
    Matter is adjd on 16.01.2023 for Appearance
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: Court is busy in recording evidence in SU 4195 of 2009, therefore, board is discharged.
    Matter is adjd on 17.04.2023 for Appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Adv. Manali Dixit for plaintiff present and seeks issuance of writ of summons. O- Issue writ of summons as prayed
    Matter is adjd on 19-07-2023 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Manisha Vishwakarma for plaintiff present.
    None for defendant.
    Matter is adj to 25/10/2023 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    Matter is adj to 12/02/2024 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: None present.
    Matter is adj to 24.06.2024 for Writ of Summons
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.Shaileja Shukla h/f Adv. Rajkumar Shukla for plaintiff present.  She orally seeks extension of time to serve writ of summons to defendant.  Time granted till next date.
    Matter is adj to 02/09/2024 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-09-2024
    
    Date: 02-09-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.Manali Dixit i/b Adv.Rajkumar Shukla for plaintiff present.
    None for defendant.
    Adv. for plaintiff seeks time to filed affidavit of service. Last chance is granted.
    Matter is adj to 12/12/2024 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-12-2024
    
    Date: 12-12-2024
    Business: Po is on medical Leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-03-2025
    
    Date: 25-03-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    None for plaintiff.
    None for defendant.
    Matter is adjd for affidavit of service on 09.07.2025.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-07-2025
    
    Date: 09-07-2025
    Business: P.O. is on leave. Hence, adjd. to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-08-2025
    
    Date: 29-08-2025
    Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
    None present.
    Matter is adj to 11/12/2025 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-12-2025
    
    Date: 11-12-2025
    Business: court vacant
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-03-2026
    
    Date: 26-03-2026
    Business: Court is vacant.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-07-2026
    
    Date: 10-07-2026
    Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
    Adv.Manali Dixit i/b Adv.Rajkumar Shukla for plaintiff present and filed Draft Chamber Summons along with affidavit in support. Order- Leave is granted to register the Chamber Summons.
    Adv. for plaintiff tendered registered C/S No.1512 of 2026 along with affidavit in support. T.O.R.
          ORDER ON CHAMBER SUMMONS NO.1512 OF 2026.
        Perused Chamber Summons and supporting affidavit.  Heard adv for plaintiff on Chamber Summons.  Chamber Summons is taken out under Order 5 Rule 20 (1) of CPC for substituted service upon defendants.
         It is contented by the plaintiff that writ of summons were issued to the defendants on 11/07/2019 through RPAD on the address mentioned in the cause title of the plaint.  The said packet sent to the defendant No.1 and 2 the returned to the Board Department with the addressee left.
       It is further submitted by plaintiff bank that he is not aware about any address of the defendant Nos.1 and 2 other than what is mentioned in the plaint and the address of the defendant Nos.1 and 2 mentioned in the plaint is last known address of the defendant Nos.1 and 2 and therefore is unable to serve the said writ of summons upon defendant Nos.1 and 2 .
       It is further submitted by the plaintiff that it is not possible to serve writ of summons to the said defendant No.1 and 2 in and ordinary manner and therefore, prayed for substituted service through paper publication is one in english i.e. Free Press Journal being an English News Paper and Navshakti being a marathi newspaper.  Hence the order-
                                     ORDER
    1. Chamber Summons No. 1512 of 2026 made is absolute in terms of prayer clause (4) and is accordingly disposed off.
    2. Issue fresh writ of summons to defendant No. 1 and 2 under Order 5 Rule 20 (1)(A) of CPC by affixing the copy of summons on conspicuous part of the premises of defendant No. 1 and 2 as disclosed by publication in english i.e. Free Press Journal being an English News Paper and Navshakti being a marathi newspaper to the defendant no.1 and 2.
    Matter is adj to 22/09/2026 for affidavit of service of paper publication.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101827/2018
    Filing Date: 01-02-2018
    First Hearing Date: 28th June 2018
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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