Date: 13-04-2020
Next Purpose: REPORT
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Business: National lockdown
Next Purpose: REPORT
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: REPORT
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Dinesh Mishra for plaintiff present.
None for defendant.
Today matter is for report.
Ex.02 Ld Adv for plaintiff filed affidavit of service t.o.r. O- Seen.
Ex.03 Ld Adv for plaintiff filed application under Order 5 Rule 17 of CPC t.o.r.
O- Perused application and Bailiff report. Heard Ld Adv for the plaintiff. Hence, defendant be served with writ of summons under Order 5 Rule 17 of CPC and also in regular mode of service.
Matter adjd for affidavit of service to 17-04-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 73/2021 dtd. 06.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 05.04.2021 with the Letter No. Insp/I/30/2021 dtd. 05.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 07.04.2021 in supersession of earlier Office Order No. 64/2021. As per clause No.4 of the said Office Order No.73/2021 all Courts shall remain closed on every Saturday and to take up only remand and urgent matters, as being taken up on holidays.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: P.O. is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Mishra for plaintiff present.
None for defendant.
Ex. 4 service affidavit. O-seen.
Matter adjd for Exparte order to 22.11.2021.
Next Purpose: ORDER
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Mishra for plaintiff present.
None present for defendant.
Order below Exh.01
Defendant duly served as per Exh.04, but he failed to appear. Hence to proceed ex-parte against him.
Matter Adjd for ex-parte evidence on 20/01/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: The P. O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv. Dinesh Mishra for plaintiff present.
None present for defendant.
Matter Adjd for ex-parte evidence on 16/06/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Adv. Dinesh Mishra for plaintiff present.
None present for defendant.
Draft chamber summons alongwith affidavit in support tendered by plff.
Order - Leave is granted to register the chamber summons.
Matter Adjd for tendering original registered CS on 28/07/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: Adv Thube for plaintiff present.
None for defendant.
Adv for plaintiff original registered CS. No.878 of 2022.
Exhibit 5 – Service affidavit. O – Seen.
Matter Adjd for CS hearing to 26.09.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Adv. Mishra for plaintiff present.
None present for defendant.
Heard learned advocate for plaintiff on CS.
Matter Adjd for CS Order on 12/10/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Court is on leave
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: P.O. is on leave
Next Purpose: CH/S ORDERS
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Adv. Dinesh Mishra for plaintiff present.
None present for defendant.
Perused the Chamber Summons. It is filed to add HDFC bank as a party defendant to the suit. It is the contention of the plaintiff that, the HDFC Bank had taken over the possession of the property of defendant towards the dues owed by defendant. The plaintiff filed the suit for recovery of sum of Rs.6,53,986/-. As the bank is having the possession of the property, the defendant bank is jointly and severally liable to pay the dues and hence HDFC Bank be added as a defendant.
The defendant bank failed to appear and file reply to the Chamber Summons. It seems that, the HDFC had taken the possession of the property of defendant towards secured assets and therefore the Civil Court does not have the jurisdiction to give any relief in the proceedings under the Special Act. The jurisdiction of Civil Court is bared and therefore the HDFC bank does not appear to be a necessary or proper party. Hence the order -
Order below Chamber summons No.878/2022
1. The Chamber Summons No 878 of 2022 is dismissed.
2. Parties to bear their own costs.
Matter Adjd for steps on 11/01/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Dinesh Mishra for plaintiff present.
None present for defendant.
Matter Adjd for steps on 10/03/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Dinesh Mishra for plaintiff present.
None present for defendant.
Time sought. Time granted.
Matter Adjd for steps on 12/06/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: Adv. Dinesh Mishra for plaintiff present.
None present for defendant.
Adv. for plaintiff orally requested to grant four weeks time to take further steps. O-Granted.
Matter Adjd for steps to 10.08.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: P.O. is on Leave.
Hence, matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: Court is Vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: Adv for plaintiff present and prayed for time for take steps. O - Time granted.
Matter is adjourned to 09.07.2024 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-07-2024
Date: 09-07-2024
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2024
Date: 20-12-2024
Business: Adv. Nizzica Pinto for plaintiff present.
None for defendant present.
Order - Since 22.11.2021 matter is for Ex-parte evidence. If plaintiff failed to file evidence affidavit on next date suit will be dismissed.
Matter is adjourned to 25.02.2025 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-02-2025
Date: 25-02-2025
Business: Adv. Dinesh Mishra for plaintiff present.
Matter is adjourned to 22.04.2025 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-04-2025
Date: 22-04-2025
Business: P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-07-2025
Date: 09-07-2025
Business: Adv. Dinesh Mishra for plaintiff present and sought time to file evidence affidavit.
O- Time granted.
Matter is adjourned to 22.08.2025 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2025
Date: 22-08-2025
Business: Authorized presentative for plaintiff present.
Adv. Nizzica Pinto h/f Adv. Dinesh Mishra for plaintiff present and filed evidence affidavit of authorized representative Mr. Khushal Navinchandra Gosar a/w list of documents taken on record and marked as Exh.06 and Exh.07. Order - Evidence affidavit read and recorded and production allowed.
Matter is adjourned to 09.10.2025 for Hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 09-10-2025
Date: 09-10-2025
Business: Adv. Nizzica F. Pinto for plaintiff present.
Matter is adjourned to 16.12.2025 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 16-12-2025
Date: 16-12-2025
Business: Adv. Dinesh Mishra for plaintiff present.
ORDER ON DOCUMENTS
Suit has proceeded Ex-parte. Hence all documents are marked as exhibits.
Exh.08 - Extract of Board Resolution dt.21.08.2025.
Exh.09 - Agreement for sale dt.31.07.2013.
Exh.10 - Sale deed dt.05.11.2015.
Exh.11 (colly) - Invoice bearing Nos. NL/137/2019/TI dt.04.06.2019, NL/238/2019 dt.22.08.2016.
Exh.12 - Legal notice dt.01.10.2019.
Exh.13 - Postal Receipt dt.01.10.2019.
Exh.14 - Envelope containing legal notice dt.01.10.2019.
Exh.15 - Invoice baring Red. N.NL/604/2019 dt.01.11.2019.
Matter is adjourned to 17.02.2026. for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-02-2026
Date: 17-02-2026
Business: Adv. Dinesh Mishra for plaintiff present and filed evidence close pursis taken on record and marked as Exh.16. Order - Seen.
Matter is adjourned to 11.03.2026 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-03-2026
Date: 11-03-2026
Business: Suit is Ex-parte.
Adv. Dinesh Mishra for plaintiff present and advanced final argument.
Matter is adjourned to 26.03.2026 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 26-03-2026
Date: 26-03-2026
Business: Adv. Dinesh Mishra for plaintiff present through VC.
Court is busy in hearing argument in Suit No.8777/99 and Suit No.8780/99.
Matter is adjourned to 08.04.2026 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 08-04-2026
Date: 08-04-2026
Business: Adv. Dinesh Mishra for plaintiff present through VC.
F. R.S.R. following order is passed.
ORDER
1.The Summary Suit No.218 of 2020 is partly decreed with costs.
2.The defendant is directed to pay to plaintiff Rs.6,53,986/- (Rs. Six Lakhs Fifty Three Thousand Nine Hundred and Eighty Six Only) with 9percent p.a on the principal amount of Rs.5,18,000/- from the date of filing of the suit till realization.
3.The decree be drawn up accordingly.
4. The R and P be sent to Record Department.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 08-04-2026
