Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 992 of 2018 1 Exh. 18 MHCC010024312018 Presented on : 15022018 Registered on : 03042018 Decided on : 20022023 Duration : 5 Y, 0 M, 5 D IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.992 OF 2018. Exh. 18. ICICI Bank Ltd. ] a Body Corporate incorporated and registered ] under the Indian Companies Act 1956 and ] licensed as a Bank under…
SUIT - SHORT CAUSE CIVIL SUIT
ICICI Bank LimitedVsMadhukar Nanaso Pawar
CNR MHCC01002431201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 20th February 2023
TrustJury record updated 09 Sept 2026
Case Overview
- Registration Number
- 100992/2018
- Registration Date
- 03 Apr 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay 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. Ld counsel for the plff filed application for fresh writ of summons against deft. t.o.r. Order- Heard allowed for proper service as prayed. 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. Ld counsel for the sought time for taking necessary steps for service of writ of summons. Granted. Adj. For Service affidavit of writ of summons on 11/04/2019. Next Purpose: AFFIDAVIT OF SERVICE 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 service affidavit. t.o.r. As per service affidavit deft served by RPAD as per postal acknowledgement left. Hence it is not proper service. Plff to take necessary steps. 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. On the oral request of the Ld counsel for the plff matter is adjourned Matter adjd for Ex-parte evidence on 09/03/2020. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 09-03-2020 Date: 09-03-2020 Business: Adv. Sakpal for plaintiff present. None for defendant. She seeks time to file exparte evidence. Time granted till next date. Matter adjd for filing exparte evidence to 05-05-2020 at 11.00 am. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 05-05-2020 Date: 05-05-2020 Reason For Adjournment: National Lock Down Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 27-05-2020 Date: 27-05-2020 Reason For Adjournment: National Lock Down Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 12-06-2020 Date: 12-06-2020 Reason For Adjournment: National Lock Down Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 08-09-2020 Date: 08-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 09-11-2020 Date: 09-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 06-02-2021 Date: 06-02-2021 Business: Adv. Prajakta Sakpal for plaintiff present. Adjd for exparte evidence to 28/04/2021 Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 28-04-2021 Date: 28-04-2021 Business: Court is vacant Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 12-07-2021 Date: 12-07-2021 Business: Adv. Mr. Pranav Dhakne for Plaintiff present and filed Affidavit in Exh. 4 Lieu of Examination on Chief. O :- Read and recorded. Exh. 5 List of Documents. Bank Officer - Vaibhav Mirgal present. None present for Defendant. Matter adj. to 24/08/2021 for Admission/Denial. Next Purpose: ADMISSION DENIAL Next Hearing Date: 24-08-2021 Date: 24-08-2021 Business: Adv. Mr. Pranav Dhakane for Plaintiff present. None present for Defendant. Matter adj. to 16/10/2021 for Admission/Denial. Next Purpose: ADMISSION DENIAL Next Hearing Date: 16-10-2021 Date: 16-10-2021 Business: Court is vacant Next Purpose: ADMISSION DENIAL Next Hearing Date: 23-10-2021 Date: 23-10-2021 Business: Court is vacant Next Purpose: ADMISSION DENIAL Next Hearing Date: 20-01-2022 Date: 20-01-2022 Business: Court is Vacant. Next Purpose: ADMISSION DENIAL Next Hearing Date: 08-03-2022 Date: 08-03-2022 Business: AS PO IS ON TRAINING Next Purpose: ADMISSION DENIAL Next Hearing Date: 14-06-2022 Date: 14-06-2022 Business: Matter called out at 11. Adv Prajakta Sakpalfor plff present. Adv Vaibhav Mirgalfor Defendant present. Matter is adjd on 06.08.2022for Admission Denial Next Purpose: ADMISSION DENIAL Next Hearing Date: 06-08-2022 Date: 06-08-2022 Business: Adv Prajakta Sakpal for plff present None for Defendant Matter is adjd on 21.10.2022 for Admission Denial Next Purpose: ADMISSION DENIAL Next Hearing Date: 21-10-2022 Date: 21-10-2022 Business: Matter called out at 12.05 pm Authorised officer of plff present Adv Prajakta Sakpal for plff present None for defendant Heard adv for plff. Perused documents with list Exh 5 and evidence affidavit. The original POA is produced. The copy at Sr No.1 be verified from the original. In view of the statements in the evidence affidavit, documents with list Exh 5 are marked as under 1. Photocopy of the POA dtd 18.09.19 as Exh 6 2. Original preliminary credit facility application dtd 16.10.15 as Exh 7 3. Original credit facility application dated 16.10.15 as Exh 8 4. Original unattested deed of Hypothecation dated 16.10.15 as Exh 9 5. Original Irrevocable POA dated 16.10.15 as Exh 10 5. Most important information acknowledgement dated 16.10.15 as Exh 11 6. Office copy of the standard terms and conditions applicable to the auto loan facility as Exh 12 7. Office copy of the auto loan key fact statements and information as Exh 13 8. Photocopy of the agreement of Leave and Licence dtd 09.06.2015 as Exh 14 9. Photocopy of the loan recall notice dated 03.07.17 as Exh 15 10. Statement of account in respect of the auto loan and Certificate u/s 4 r/w section 2(8) of the Bankers Books Evidence Act, 1891 as Exh 16 (Colly) 11. Photocopy of the Vehicle Information Letter issued by RTO as Exh 17 Matter is adjd on 09.12.2022 for Hrg Next Purpose: HEARING Next Hearing Date: 09-12-2022 Date: 21-10-2022 Business: Matter called out at 12.05 pm Authorised officer of plff present Adv Prajakta Sakpal for plff present None for defendant Heard adv for plff. Perused documents with list Exh 5 and evidence affidavit. The original POA is produced. The copy at Sr No.1 be verified from the original. In view of the statements in the evidence affidavit, documents with list Exh 5 are marked as under 1. Photocopy of the POA dtd 18.09.19 as Exh 6 2. Original preliminary credit facility application dtd 16.10.15 as Exh 7 3. Original credit facility application dated 16.10.15 as Exh 8 4. Original unattested deed of Hypothecation dated 16.10.15 as Exh 9 5. Original Irrevocable POA dated 16.10.15 as Exh 10 5. Most important information acknowledgement dated 16.10.15 as Exh 11 6. Office copy of the standard terms and conditions applicable to the auto loan facility as Exh 12 7. Office copy of the auto loan key fact statements and information as Exh 13 8. Photocopy of the agreement of Leave and Licence dtd 09.06.2015 as Exh 14 9. Photocopy of the loan recall notice dated 03.07.17 as Exh 15 10. Statement of account in respect of the auto loan and Certificate u/s 4 r/w section 2(8) of the Bankers Books Evidence Act, 1891 as Exh 16 (Colly) 11. Photocopy of the Vehicle Information Letter issued by RTO as Exh 17 Matter is adjd on 09.12.2022 for Hrg Next Purpose: HEARING Next Hearing Date: 09-12-2022 Date: 09-12-2022 Business: Matter called out at 11.23 am Adv Prajakta Sakpal for plff present None for defendant Adv for plff tendered evidence close pursis t.o.r marked as Exh 18 Matter is adjd on 07.02.2023 for RE Next Purpose: RECORDING EVIDENCE Next Hearing Date: 07-02-2023 Date: 07-02-2023 Business: Adv. Prajakta Sakpal for plaintiff present. Matter is wrongly under the caption of recording of evidence. Heard argument of the advocate of the plaintiff. Matter is adjd on 20-02-2023 for Judgment. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 20-02-2023 Date: 20-02-2023 Business: Adv. Prajakta Sakpal for plaintiff present. None for defendant. Judgment pronounced in open Court. F.R.S.R. following order is passed: Order 1. Suit 992 of 2018 is decreed with costs. 2. Defendant shall pay an amount of Rs. 2,17,475/- to plaintiff with the interest @ 12 % p.a. from the date of the suit till the entire amount is realised. 3. Decree be drawn accordingly. R and P be sent to Record Department. Nature Of Disposal: DECREED Disposal Date: 20-02-2023
Additional Case Details
Additional Case Details
Filing Number: 102733/2018 Filing Date: 15-02-2018 First Hearing Date: 24th April 2018 Decision Date: 20th February 2023 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
4Final Order 2Full order available
20 Feb 2023
Final Order 120 Feb 2023
20 Feb 2023
Order Details: Other Pdf Text: Plaintiff present. Adv. Bhofia for plaintiff present. Adv. Vasima Kazi for defendant no. 1 present. Adv. for plaintiff tendered application for withdrawal of the suit. TOR and marked as Exh. 16 O Plaintiff is present. He submits that he does not want to proceed with the suit and wants to withdraw the suit. Accordingly application is allowed and following order is passed. Order 1.Suit no. 275 of 2018 is disposed off as withdrawn 2. No order as to costs. R and P be sent to Record Department. -- 1 of 1 --
Order 2Full order available
20 Feb 2023
Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 992 of 2018 1 Exh. 18 MHCC010024312018 Presented on : 15022018 Registered on : 03042018 Decided on : 20022023 Duration : 5 Y, 0 M, 5 D IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.992 OF 2018. Exh. 18. ICICI Bank Ltd. ] a Body Corporate incorporated and registered ] under the Indian Companies Act 1956 and ] licensed as a Bank under…
Order 120 Feb 2023
20 Feb 2023
Order Details: Other Pdf Text: Plaintiff present. Adv. Bhofia for plaintiff present. Adv. Vasima Kazi for defendant no. 1 present. Adv. for plaintiff tendered application for withdrawal of the suit. TOR and marked as Exh. 16 O Plaintiff is present. He submits that he does not want to proceed with the suit and wants to withdraw the suit. Accordingly application is allowed and following order is passed. Order 1.Suit no. 275 of 2018 is disposed off as withdrawn 2. No order as to costs. R and P be sent to Record Department. -- 1 of 1 --
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