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Commercial Suit

Deutsche Bank, A.G. (Deleted) Please See Rider-I +1 moreVsSharda International (Borrower) +2 more

CNR MHCC01001898202014-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
101310/2021
Registration Date
27 Nov 2021
Next Hearing Date
16 Oct 2026
Case Stage
NM FOR HEARING

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Indian Contract Act · Sec 72 · 73

    Case History / Proceedings

    Case History
    Date: 04-01-2022
    Business: Adv. Aarti Dharamsay for plaintiff present.
    Issue suit summons to defendant along with plaint and documents annexed with plaint for settlement of issues and for filing written statement within 30 days from the date of service of summons to defendant.
    The matter is adjd for filing service affidavit to 08.02.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Adv. Aarti Dharamasay for plaintiff present.
    Exh. 2 - Advocate for plaintiff tendered service affidavit. T.O.R. Writ of Summons are served to deft. nos. 2 and 3.
    Exh. 3 - Application for service of summons to deft. no. 1 through paper publication.
    O. - Summons to deft. no. 1 cannot be served on the address known to the plaintiff.  Considering the service affidavit filed on record, there is reason to believe that defendant no. 1 is keeping out of the way for the purpose of avoiding service.  Therefore, summons to deft. No. 1 be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant no. 1 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 passing Ex-Parte order against deft. nos. 2 and 3 and filing service affidavit regarding deft. no. 1 to 21.03.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: Adv. Abhishek Bhaduri for plaintiff present.
    Adv. Jay Pandit for defts. present.
    Exh.4 - Vakalatnama of M/s. Pandit and Associates is filed on behalf of defts. by Adv. Jay Pandit.  T.O.R.
    Exh.5 - Written statement of deft. nos.1 to 3.  T.O.R.
    O. - Read and recorded.
    Copy of written statement is supplied to Adv. For plaintiff.
    Adv. For plaintiff tendered service affidavit along with copy of writ of summons.  T.O.R.
    The matter is adjd for affidavit of admission and denial to 28.04.2022.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: None for plaintiff.
    Adv. Jay Pandit for defts. present.
    Adv. For deft nos.1 to 3 sought time for filing affidavit of admission and denial.  Time as prayed for is granted.
    The matter is adjd for admission and denial  to 15.06.2022.
    L.O. at 11.35 am.
    Adv. Abhishek Bhaduri for plaintiff present.
    The matter is already adjd for admission and denial  to 15.06.2022.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Adv. Aarti Dharamsay for plaintiff present.
    Adv. For plaintiff sought time for filing affidavit of admission and denial.
    Both parties are directed to file affidavit of admission and denial on next date without fail.
    The matter is adjd for admission/denial to 27.06.2022.
    L.O. at 11.40 am.
    Representative of deft. by name Sudesh Naik is present.
    The matter is already adjd for admission/denial to 27.06.2022.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Adv. Aarti Dharamsay for plaintiff present.
    None for defts.
    Adv. For plaintiff sought time for filing affidavit of admission and denial.  Time for filing affidavit of admission and denial is granted to both parties as a last chance.
    The matter is adjd for admission/denial to 14.07.2022.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. Abhishek Bhaduri for plaintiff present.
    Deft. no.3 present.
    Exh.6 - Deft. no.3 tendered statement of truth on behalf of deft. nos.1 to 3.  T.O.R.
    Exh.7 - Deft. no.3 tendered affidavit of admission and denial on behalf of deft. nos.1 to 3.  T.O.R.
    Copies of above documents are supplied to Adv. For plaintiff.
    The matter is adjd for filing affidavit of admission and denial by plaintiff to 03.08.2022.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv. Pranil Pawar h/f. Adv. Abhishek Bhaduri for plaintiff present.
    None for defts.
    Adv. For plaintiff sought an adjournment for filing affidavit of admission and denial.  Matter is pending for admission and denial since April 2022.  Therefore, adjournment as prayed for is granted as a last chance.
    The matter is adjd for filing affidavit of admission and denial by plaintiff to 10.08.2022.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Adv. Pawar for plaintiff present.
    Deft. no.3 present.
    Adv. For plaintiff sought time for filing affidavit of admission and denial.  Time as prayed for is granted.
    The matter is adjd for admission and denial to 25.08.2022.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: Adv. Pranil Pawar for plaintiff present.  He sought time for filing affidavit of admission and denial.  Time as prayed for is granted.
    The matter is adjd for admission and denial to 22.09.2022.
    L.O. at 11.25 am.
    Representative of deft. present.
    The matter is already adjd for admission and denial to 22.09.2022.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: The Court is Vacant.
    Hence, matter is adjourned.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: The Court is Vacant.
    Hence. The Matter is adjourned.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
    (COURT ROOM NO. 31)
    Matter pertains to C.R.No.14
    NOB TOB by precepie
    Adv. Madhura Mule for plaintiff present
    Adv. Prashant Pandit for defendants present
    Exh.8 - precepie filed by adv. for plaintiff. O - allowed to taken on record.
    Adv. for plaintiff tendered Draft CHS. O - leave granted to register CHS on or before next date.
    Copy served to other side.
    Adjd to 09.01.2023 to reply on CHS and tendering registered CHS.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: The Court is Vacant. Hence, Matter is adjourned.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: The court is vacant
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: Court is Vacant. Matter is adjourned to
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: As court is vacant
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-06-2023
    
    Date: 09-06-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Deutsche Bank, A.G. Vs Sharda International (Borrower)
    Matter received under transfer from Court Room No.14.
    Both sides called, but absent
    Parties to take steps by next date. Else, put for necessary order.
    Matter adjourned to 07.10.2023 for  C/S reply.
    Later on at 13.50 Hrs.
    Adv. Devangi Mehta for plaintiff present.
    On oral request for adv. for plaintiff matter adjourned to 11.08.2023 for C/S reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: Matter received under transfer from Court Room No.14.
    Adv. Madhura Mule present for plaintiff.
    Defendant called, but absent.
    Registered chamber summons No. 2197/23 filed by plaintiff. O- Seen
    Affidavit in support of chamber summons filed by plaintiff. O-Seen
    Service affidavit of chamber summons filed by plaintiff. O- Seen.
    Defendant fail to file reply
    Matter is proceed without reply fo defendant.
    Matter adjourned to 07.10.2023 for Argument on Chs.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: Deutsche Bank, A.G. Vs Sharda International (Borrower)
    Adv. Kaushal Ameta along with Madhura Mulay present for plaintiff.
    Perused roznama Dt. 11.08.2023.
    Defendant side called, but absent.
    Perused Chamber Summons No. 2197 / 2022 at Exh.9 which is unchallenged by the defendant since, 15.12.2022.
    Through said Chamber Summons, the plaintiff is seeking change in nomenclature from Deutsche Bank A. G. to  Kotak Mahindra Bank Ltd and subsequent amendment.
    Considering, the technical nature of amendment sought the Chamber Summons  No.2197 / 2022 is allowed.
    Plaintiff to carry out the necessary amendment by next date.
    Matter adjourned to 23.10.2023 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: Adv. Madhura Mulay present for the plaintiff.
    As Court is on leave, Case adjourned to 18.12.2023         for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: Deutsche Bank V/s Sharda International
    Adv. Madhura Mule present for plaintiff.
    As Court is  on leave, matter adjourned.
    Case adjourned to 25.01.2024 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: None present.
    KB
    LO at 12.34 pm
    Adv Abhishek Bhaduri for plaintiff present.
    He tendered draft NM along-with affidavit in support of it. O- Leave to register is granted.
    Matter stands Adj for NM Reply on 23/02/2024.
    Next Purpose: REPLY
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: Adv Abhishek Bhaduri for plaintiff present.
    None for defendant.
    Ld. Adv for plaintiff tendered registered NM 601/2024. t.o.r.
    He be directed to serve copy of same to the defendant.
    Matter stands Adj for NM Reply on 19/03/2024
    Next Purpose: REPLY
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: Adv Madhura Mulay for plaintiff present.
    She filed affidavit of service pertaining to service of NM upon the defendant. t.o.r.
    As per track consignment report the service is effected upon defendants as well as their Ld. Advocate on 14/03/2024. However none appeared for the defendants.  Hence the NM proceeds without reply of defendants.
    Heard the Ld. Adv for plaintiff.
    Order below Notice of Motion no. 601 of 2024 -
    The plaintiff has taken out the present Notice of Motion for condoning delay of 95 days cause to carryout the amendment and for permission to carryout amendment.  It is submitted that the plaintiff has taken out Chamber Summons no. 2197 of 2023 for amendment.  It came to be allowed on 06/10/2023.  Accordingly, the plaintiff has to carryout amendment within stipulated period.  However, due to unavailability of Bank officers of the plaintiff, the plaintiff could not carryout amendment in the stipulated time.  It is further submitted that almost 800 loan accounts have been transferrred from the plaintiff bank to Kotak Mahindra Bank. For the said purpose employees of the bank were engaged. Considering the submissions, I am of the view that the plaintiff has shown sufficient cause for condoning the delay.  If the Notice of Motion is allowed by imposing some cost, then it will subserve the purpose.  Hence the following order-
    Order
    1. Notice of Motion no. 601 of 2024 stands allowed and made absolute in terms of prayer clause (a) to (c) subject to payment of cost of Rs. 1000/- to be paid to DLSA, Mumbai within two weeks.
    2. Needless to say payment of cost is a condition precedent.
    3. Upon payment of cost, plaintiff to carryout amendment within 01 week.
    4. Plaintiff to file amended copy of plaint and supply to other side.
    5. Notice of Motion no. 601 of 2024 stands disposed of.
    Matter stands Adj for Compliance on 02/04/2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: Adv Madhura Mulay for plaintiff present.
    None for defendant.
    It is submitted that the plaintiff has carried out amendment as per order dated 19/03/2024 and has also paid cost of Rs.1000/- to DLSA, Mumbai.
    Matter stands Adj for filing admission and Denial as last chance on 30/04/2024.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 30-04-2024
    
    Date: 30-04-2024
    Business: P. O. is on Leave.
    Adv Madhuri Mulay for plaintiff present.
    Mr. Sudesh Naik, Proprietor of defendant Co. present.
    Matter stands Adj for Admission and Denial on 18/06/2024.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 18-06-2024
    
    Date: 18-06-2024
    Business: None present for plaintiff and defendant.
    Last chance given for filing admission and denial as the matter is of 2021.
    Matter stands Adj for Admission and Denial on 01/07/2024.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: Adv Abhishek Bhaduri for plaintiff present.
    None present for defendant.
    On oral request, matter stands Adj for filing Admission and Denial Statement on 03/07/2024.
    LO at 1.54 pm
    Defendant no. 3 present.
    Matter already Adj on 03/07/2024.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 03-07-2024
    
    Date: 03-07-2024
    Business: Adv Arif Ansari a/w Adv Abhishek Bhaduri i/b Goenka Law Associates for plaintiff present.
    None present for defendant.
    Matter stands Adj for Statement of Admission and Denial on 01/08/2024.
    LO at 1.01 pm
    Same appearance for plaintiff.
    Defendant no. 3 present.
    Matter already Adj on 01/08/2024.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 01-08-2024
    
    Date: 01-08-2024
    Business: None present for plaintiff and defendant.
    KB
    LO at 1.04 pm
    Representative of plaintiff Bank present.
    Adv Abhishek Bhaduri for plaintiff present.
    He filed statement of Admission and denial. t.o.r. marked as Exh. 12. O- Seen.
    None present for defendant.
    Matter stands Adj for Draft Issues on 09/09/2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 09-09-2024
    
    Date: 09-09-2024
    Business: None present for plaintiff and defendant.
    Matter stands Adj for filing draft issues to 09.10.2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 09-10-2024
    
    Date: 09-10-2024
    Business: Adv Arif Ansari for plaintiff present.
    None present for defendant.
    On oral request of Adv for plaintiff last chance granted to file draft issues, elese appropriate order will be passed.
    Matter stands Adj for Draft Issues on 13/11/2024.
    LO at 1.26 pm
    Representative of defendant Co. present.
    Matter already Adj on 13/11/2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-11-2024
    
    Date: 13-11-2024
    Business: Bank officer Mr. Sanjay Pawar is present.
    Adv. Abhayjeet Khairwas  for plaintiff is present.
    Defendant no. 3 is present.
    Defendant no. 3 tendered draft issues. TOR.
    KB. Later on at  1.00 p.m.
    Same appearance for plaintiff,
    He file draft Summons for Judgment with supporting affidavit. O-Leave to register is granted.
    Copy be served on the other side.
    Matter stands Adj for SJ reply on 18.12.2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-12-2024
    
    Date: 18-12-2024
    Business: Adv Abhayjit Kherwar for plaintiff present.
    He tendered registered NM 5478/2024. t.o.r.
    He also filed affidavit of service of NM. t.o.r.
    It appears that the service of NM on defendant no. 1 could not be effected as it was unclaimed while it was served upon defendant no. 2 and 3 on 18/11/2024 through RPAD.  Inspite of due service, defendants failed to appear.  Hence, put for No reply order.
    KB
    LO at 12.32 pm
    Adv Abhishek Bhaduri for plaintiff present.
    Defendant no. 3 present.
    Matter stands Adj for NM Reply on 22/01/2025.
    Next Purpose: REPLY
    Next Hearing Date: 22-01-2025
    
    Date: 22-01-2025
    Business: None present for plaintiff.
    As the defendants failed to appear inspite of due service of NM.  The matter was posted for passing of no reply order on NM.  Even today none present for defendants.  Hence, NM to proceed without reply.
    Matter stands Adj for NM Hearing on 14/02/2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2025
    
    Date: 14-02-2025
    Business: Adv Nidhi Pawar for plaintiff present.
    Defendant no. 2 present.
    KB
    LO at 1.42 pm
    Adv Abhishek Bhaduri for plaintiff present.
    Defendant seeks time for NM Hearing, time granted as last chance to argue the NM.
    Matter stands Adj for NM Hearing on 18/03/2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2025
    
    Date: 18-03-2025
    Business: Adv Abhayjeet Khairwar for plaintiff present.
    Defendant no. 02 present.
    Matter stands Adj for NM Hearing on 16/04/2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2025
    
    Date: 16-04-2025
    Business: Adv Abhayjeet Kherwar for plaintiff present.
    Adv Prashant Pandit for defendants present.
    He submits that he intends to set aside the no reply order passed on NM 5478/2024.
    Hence, matter stands Adj for Steps by defendant on 13/06/2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-06-2025
    
    Date: 13-06-2025
    Business: None present for plaintiff and defendant.
    Matter stands Adj for Steps on 18/07/2025.
    LO at 12.23 pm
    Adv Arif Ansari for plaintiff present.
    Matter already Adj on 18/07/2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-07-2025
    
    Date: 18-07-2025
    Business: None present for plaintiff.
    Adv Prashant Pandit for defendant present.
    He filed an application for withdrawal of VP. t.o.r. marked as Exh. 13.  O- Seen.  It is submitted that he intends to intimate his client before next date regarding withdrawal from matter.
    Matter stands Adj for Steps on 21/08/2025.
    LO at 11.55 am
    Adv Abhayjeet Kherwar for plaintiff present.
    Matter already Adj on 21/08/2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-08-2025
    
    Date: 21-08-2025
    Business: P. O. is on Leave.
    Adv Saloni Makhan for plaintiff present.
    Defendant no. 2 present.
    Matter stands Adj for Steps on 23/09/2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-09-2025
    
    Date: 23-09-2025
    Business: Adv Abhayjeet Khairwar for plaintiff present.
    Adv Harshal Furia for defendant present.
    Matter stands Adj for NM Hearing on 10/11/2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2025
    
    Date: 10-11-2025
    Business: Matter pertains to C. R. No. 14.
    None present for plaintiff.
    Adv Harshal Puria for defendant no. 2 present.
    Defendant no. 2 present.
    Adv for defendant no. 2 filed an application for withdrawal of appearance from suit. t.o.r. marked as Exh. 14.  O- Seen.
    Matter stands Adj for Order (Exh. 14) on 09/12/2025.
    LO at 12.22 pm
    Adv Abhayjeet Khairwar for plaintiff present.
    Matter already Adj on 09/12/2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2025
    
    Date: 09-12-2025
    Business: Court is not sitting.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2026
    
    Date: 28-01-2026
    Business: Court is not sitting.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2026
    
    Date: 24-03-2026
    Business: Court is not sitting.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2026
    
    Date: 20-06-2026
    Business: Court is not sitting.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2026
    
    Date: 27-08-2026
    Business: Adv Saloni Makhan for plaintiff present.
    On oral request of adv for plaintiff time granted till next date.
    Matter adjourned to 22.09.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2026
    
    Date: 22-09-2026
    Business: Adv Azim Khan for plaintiff present.
    None present for defendant.
    On oral request of adv for plaintiff time granted till next date.
    Matter adjourned to 16.10.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101991/2020
    Filing Date: 12-02-2020
    First Hearing Date: 04th January 2022
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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