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SUIT - SHORT CAUSE CIVIL SUIT

ICICI Bank LimitedVsVijay Yashu Patne

CNR MHCC01002429201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 20th December 2022

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
101814/2019
Registration Date
03 Apr 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 24-04-2018
    Business: Court is on leave.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 29-06-2018
    
    Date: 29-06-2018
    Business: PO is on leave.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 03-09-2018
    
    Date: 03-09-2018
    Business: P.O. is on the mediation training
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    Business: Adv. Karekar Present for the Plff.
    None Present for the Deft.
    Ld counsel for the Plff filed Service affidavit of writ of summons. .t.o.r.
    As per service affidavit the RPAD envelop return back with postal endorsement left. Hence plff to take necessary steps for proper service of writ of summons.
    Adj. For Steps on 29/01/2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-01-2019
    
    Date: 29-01-2019
    Business: Adv. Ms. Krutika Joshi Present for the Plff.
    None Present for the Deft.
    On the oral request of the Ld counsel for the plff. adjournment granted.
    Adj. for Steps on 11/04/2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv. Krutika Joshi Present for the Plff.
    None Present for the Deft.
    Ld counsel for the Plff filed Draft CS alongwith affidavit.
    Order- Heard. Leave Granted to register the CS for statistical purpose, as it is made absolute in terms of prayer clause-(a) for publishing the writ of summons upon deft for service in daily news paper Free Press Journal English and Navshakati Marathi having wide circulation in local area. No order as to costs. Service affidavit be filed.
    Adj. for Service affidavit on 09/08/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Adv. Sakpal for plaintiff present.
    Ld. counsel for plaintiff registered NM (Already disposed Off).
    Ld. counsel for plaintiff tendered original writ of summons.
    Exh.3 Service affidavit by plaintiff. TOR.
    The copies of newspapers are placed on record. As such defendant is served by way of substitute service. None appeared for defendant. Suit to proceed exparte.
    Matter adjd for exparte R/E on 21/10/2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-10-2019
    
    Date: 21-10-2019
    Business: NOB TOB
    On 21/10/2019 declared holiday on account of State election.
    Matter adjd for exparte R/E on 18/12/2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Adv. Sakpal for plaintiff present.
    Suit already proceeded ex-parte against deft.
    Evidence affidavit. t.o.r. Order passed read and recorded.
    List of document. t.o.r. Seen.
    Matter adjd for Hearing on admissibility of documents on 09/03/2020.
    Next Purpose: HEARING
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Adv.Sakpal for plaintiff present.
    None for defendant.
    On the oral request of Ld. Adv for plaintiff matter is adjourned.
    Matter adjd for hearing on admissibility of document to 05-05-2020 at 11.00 am.
    Next Purpose: HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 23-07-2020
    
    Date: 23-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Adv. Pranav Dhakne for plaintiff present.
    Adjd for exparte evidence to 08/04/2021
    Next Purpose: HEARING
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Court is vacant
    Next Purpose: HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: Due to COVID-19 matter adj. to
    Next Purpose: HEARING
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Board is discharged.  Matter adj. to
    Next Purpose: HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Court is Vacant Board dischrged
    Next Purpose: HEARING
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Court is Vacant.
    Next Purpose: HEARING
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: AS PO IS ON TRAINING, HENCE MATTER ADJT TO 13-06-2022
    Next Purpose: HEARING
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Matter called out at 11.38
    Adv Prajakta Sakpal I/b Divekar Bhagwat and Co.for plff present.
    None present  for Defendant
    On oral request of the adv for the plff.
    Matter is adjd on 24.08.2022 for Hrg.
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Matter called out at 11.48 am
    Plff Bank Officer present
    Adv Prajakta Sakpal for plff present
    None for Defendant
    Heard adv for plff on documents.  Document at Sr No.1 is the photocopy of POA.  The witness  has brought original. It is verified from the original.  Other documents are referred and affirmed in the evidence affidavit.  Therefore, all the documents with List Exh 5 are exhibited as under-
    1.  POA dated 18.09.2019 executed by the plff Bank as Exh 6
    2.  Original Preliminary Credit Facility Application Form dated 16.12.2016 as Exh 7
    3.  Original Credit Facility Application Form dated 16.12.2016 executed by defendant as Exh 8
    4.  Original unattested Deed of Hypothecation dated 16.12.16 as Exh 9
    5.  Original Irrecoverable POA dated 16.12.16 as Exh 10
    6.  Office copy of the Most Important Terms and conditions applicable to the Auto Loan Facility as Exh 11
    7.  Original Auto Loan key Fact Statement and Most important information dated 16.12.16 as Exh 12
    8.  Photocopy of the Adhar Card of the defendant as Exh 13
    9.  Photocopy of the Loan Recall Notice dated 03.07.17 as Exh 14
    10.  Statement of Account of payments due by the defendant to the plaintiff bank as Exh 15
    11.  Certificate under section 4 r/w section 2(8) of the Bankers Books Evidence Act, 1891 as amended by the Information Technology Act, 2000 as Exh 16
    12.  Hypothecation Letter issued by the Regional Transport Officer as Exh 17
    Matter is adjd on 21.10.2022 for Hrg
    Next Purpose: HEARING
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: Matter called out at 11.43 am
    Authorised officer of plff present
    Adv Prajakta Sakpal for plff present
    None for defendant
    Adv for defendant tendered evidence close puris t.o.r marked as Exh 18
    Matter is adjd on 09.12.2022 for Argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: Matter called out at 11.11 am
    Adv Prajakta Sakpal for plff present
    None for defendant
    Heard adv for plff.
    Matter is adjd on 20.12.2022 for Judgment
    Next Purpose: JUDGMENT
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: Matter called out at 11.44 am
    Adv Prajakta Sakpal for plaintiff present
    None for defendant
    Judgment dictated and pronounced in open court.
    Judgment
    FRSR FOLLOWING ORDER IS PASSED IN SUIT NO. 1814 OF 2019.
    ORDER
    1. The suit No. 1814 of 2019 is decreed with costs.
    2. Defendant shall pay an amount of Rs.8,40,922/- to the plaintiff-Bank with interest at the rate of 12 percent p.a. from the date of the suit till the entire amount is realised.
    3. Decree be drawn up accordingly.
    4. Suit No. 1814 of 2019 is disposed off.
    R and P be sent to Record Department.
    Nature Of Disposal: DECREED
    Disposal Date: 20-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102732/2018
    Filing Date: 15-02-2018
    First Hearing Date: 24th April 2018
    Decision Date: 20th December 2022
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    20 Dec 2022

    Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 1814 of 2019. MHCC010024292018 Presented on : 15022018 Registered on : 03042018 Decided on : 20122022 Duration : 4 Y, 10 M, 5 D. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.1814 OF 2019 Exh.19 ICICI Bank Ltd. ] a Body Corporate, incorporated and registered ] under the Indian Companies Act 1956 ] and licensed as Bank under ] The Banking Regulation Act…

    Read Full Order
    Order 1Full order available
    20 Dec 2022

    Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 1814 of 2019. MHCC010024292018 Presented on : 15022018 Registered on : 03042018 Decided on : 20122022 Duration : 4 Y, 10 M, 5 D. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.1814 OF 2019 Exh.19 ICICI Bank Ltd. ] a Body Corporate, incorporated and registered ] under the Indian Companies Act 1956 ] and licensed as Bank under ] The Banking Regulation Act…

    Read Full Order

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