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SUIT - SHORT CAUSE CIVIL SUIT

Canara BankVsDeluxe Tours and Travels +1 more

CNR MHCC01001762202059-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
102512/2021
Registration Date
02 Mar 2020
Next Hearing Date
03 Nov 2026
Case Stage
EX-PARTE EVIDENCE

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 23-03-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    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: 08-12-2020
    
    Date: 08-12-2020
    Business: None present.
    Adjd to 01-03-2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Adv. Mishra for plaintiff requested for extension of time to serve writ of summons. O- Granted.
    None for defendant
    Adjd on request of plaintiff to 29-07-2021
    Next Purpose: DIRECTIONS
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    The matter is adjd to 12.08.2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Adv. Shraddha Agrawal for plaintiff present.
    On oral request of Adv. For plaintiff, matter is adjourned for filing service affidavit of writ of summons to 29.09.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv. Saraswati Purohit for plaintiff present.
    Exh.2 - Adv. For plaintiff filed affidavit of service.  T.O.R.
    Service is not proper.
    Exh.3 - Adv. For plaintiff filed application for substituted service.
    O. - Summons to deft. cannot be served on the address known to the plaintiff.  Considering the service affidavit filed on record, there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service.  Therefore, summons to deft. be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house.
    The matter is adjd for affidavit of service to 10.11.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: P.O. is on leave. Matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Adv. Shailaja Shukla for plaintiff present.
    Affidavit of service along with writ of summons filed by Adv. For plaintiff. T.O.R.
    Exh.4 - Affidavit of service.
       As per service affidavit (Exh.4), deft. nos.1 and 2 deemed to be served with writ of summons.  But, failed to tender their appearance. Hence, suit to proceed          ex-parte against deft. nos.1 and 2.
    The matter is adjd for ex-parte evidence to 04.12.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Adv. Saraswati Purohit for plaintiff present.
    Exh.5 - Affidavit of statement of truth under Commercial Courts Act.  T.O.R.
    Exh.6 - Adv. For plaintiff filed affidavit of evidence of    PW-1 Celin Joseph.
    Witness is present.  Contents in the affidavit are verified, read and recorded.
    Exh.7 - List of documents.  T.O.R.
    From the evidence of PW-1 Celin Joseph, following documents are proved, therefore, they are exhibited.
    Exh.8 - Copy of power of attorney.
    Exh.9 - Loan application.
    Exh.10 - Letter of undertaking.
    Exh.11 - Particulars of vehicle.
    Exh.12 - Hypothecation deed.
    Exh.13 -  Acknowledgement of debt and security.
    Exh.14 colly. - Office copy of notice to defendant along with postal receipts and envelopes.
    Exh.15 - Statement of account.
    Exh.16 - Particulars of claim.
    Exh.17 - Adv. For plaintiff filed evidence closing pursis.
    O. -  Filed.
    The matter is adjd for arguments to 07.12.2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Adv. Saraswati Purohit for plaintiff 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.2,82,331.99/-.  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.2,82,331.99/-.  Present suit does not qualify as a Commercial dispute of a specified value as defined in Section 2(1)(i) of the Commercial Courts Act.  Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
    Matter is adjd for compliance of above order to 04.01.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Court is Vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: AS PO IS ON TRAINING
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: AS PO IS ON TRAINING MATTER ADJD TO
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv Rishabh Mishra a/w Arafat Shaikh for plff present
    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 10/11/2022
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: Adv Pooja Tripathi for plff present
    None for defendant
    Adv for plff seeks time to file service affidavit.  Granted.
    Matter is adjd on 23.01.2023 for Affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: Adv. Manisha Vishwakarm for plaintiff present.
    Matter is adjd on 17-04-2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Adv. Manali Dixit for plaintiff present and seeks extension of writ of summons. O- Granted.
    Matter is adjd on 19-07-2023 for writ of summons.
    Next Purpose: AFFIDAVIT OF SERVICE
    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.   She seeks time to file affidavit of service.
    None for defendant.
    Matter is adj to 25/10/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None for plaintiff.
    Matter is adj to 12/02/2024 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: None present.
    Matter is adj to 25.06.2024 for Affidavit of Service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.Manali Dixit for plaintiff present.  She filed affidavit of service marked as Exhibit-18.
    Service is complete against defendant Nos.1 and 2.
    Matter is adj to 28/08/2024 for appearance of def. Nos.1 and 2.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 28-08-2024
    
    Date: 28-08-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.Manali Dixit i/b Rajkumar K.Shukla Law Firm for plaintiff present.
    None for defendant Nos.1 and 2.
    Inspite of service (Exh-18) defendants failed to appear before the court hence suit to proceed ex-parte against defendants.
    Matter is adj to 07/11/2024 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-11-2024
    
    Date: 07-11-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.Shailaja Shukla i/b Rajkumar K.Shukla Law Firm for plaintiff present.
    None for defendant(Ex-parte).
    Adv. for plaintiff seeks time to file ex-parte evidence. Time granted as last chance.
    Matter is adj to 07/02/2025 for ex-parte evidence/necessary order.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-02-2025
    
    Date: 07-02-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    None present.
    Matter is adj to 02/08/2025 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-08-2025
    
    Date: 02-08-2025
    Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
    None present.
    Matter is adj to 17/10/2025 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-10-2025
    
    Date: 17-10-2025
    Business: Court Vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-01-2026
    
    Date: 23-01-2026
    Business: Court is vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-04-2026
    
    Date: 01-04-2026
    Business: PO IS ON TRAINING.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-07-2026
    
    Date: 18-07-2026
    Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
    None present.
    Matter is adj to 03/11/2026 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-11-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101842/2020
    Filing Date: 10-02-2020
    First Hearing Date: 23rd March 2020
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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