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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

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.
    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

    4
    Final 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…

    Read Full Order
    Final Order 1
    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…

    Read Full Order
    Order 1
    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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