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SUMMARY CIVIL SUIT - SUMMARY SUIT

Allahabad BankVsMrs. Banya Saha w/o. Mr. Swapan Kumar Saha

CNR MHCC01002479201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 15th February 2020

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100571/2018
Registration Date
05 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order37 · Rule2

    Case History / Proceedings

    Case History
    Date: 30-07-2018
    Business: Adv. Lalchandani for Plaintiff present.
    None for Defendant.
    Advocate for plaintiff seeks time for taking steps  hence.
    Matter is adjd. to 17/10/2018 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-10-2018
    
    Date: 17-10-2018
    Business: None for Plaintiff
    None  for Defendant
    Matter is adjd. to 05/02/2019 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-02-2019
    
    Date: 05-02-2019
    Business: Adv for plff.Mr.Amar Shilwant present
    Matter is Adjd for Steps/Affidavit of Service on 28/03/2019
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: Matter transferred from Cr. no.09.
    Adv. K. R. Lalchandani Present for the Plff.
    None Present for the Deft.
    Ld counsel for the plff sought time to file service affidavit. Granted.
    R and P not received from Cr.no.09.
    Adj. For Service affidavit on 26/07/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-07-2019
    
    Date: 26-07-2019
    Business: Adv. Rashi Agrawal for plaintiff present she seeks time
    None for defendant
    Matter adjd for 31.08.2019
    Next Purpose: FOR___________________
    Next Hearing Date: 31-08-2019
    
    Date: 31-08-2019
    Business: Adv. Vivek Singh for plaintiff present.
    None for defendant present.
    KB
    L.O. at 12.05pm
    Adv. Vivek Singh for plaintiff present.
    None for defendant present.
    Services affidavit shows that writ summons is unclaimed by defendant.
    None appear for defendant. Therefore, Suit is proceeded Ex-parte against defendant.
    Matter adjd for Ex-parte evidence to 14.10.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: None present.
    Matter adj for Ex-parte evidence to 15.11.2019.
    L.O. at 1.30pm
    Adv. Vivek Singh for plaintiff present.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Court is vacant. Board is discharged.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: Plaintiff present.
    Adv. K. R. Lalchandani for plaintiff present.
    Ld. Adv. for plaintiff filed affidavit of evidence of Mr. Kumar Anand Mohan, Branch Manager of plaintiff (Exh-2) and also filed affidavit of evidence of Mr. Teeka Ram Meena plaintiff (Exh-3)
    PW-1 Chief Examination is recorded of Mr. Kumar Anand Mohan, Br. Manager of the plaintiff.
    PW-2 Present Chief Examination is recorded of Mr. Teeka Ram Meena following documents are proved.
    1. Certified true copy of the power of attorney dated  08/10/1996. (Exh-4).
    2. Loan application form dated 19/11/2015 (Exh-5).
    3. Account Opening Application Form dated 19/12/2015 (Exh-6).
    4. Sanction Letter dated 08/01/2016 (Exh-7).
    5. BORROWERS UNDERTAKING LETTER dated 08/01/2016 (Exh-8)
    6. Acknowledgement of Sanction Letter dated 08/01/2016 (Exh-9).
    7. DEMAND PROMISSORY NOTE dated 08/01/2016                 (Exh-10).
    8. Agreement for Medium Term Loan dated 08/01/2016 (Exh-11).
    9. Trust receipt dated 08/01/2016 (Exh-12).
    10. Proforma Invoice and Receipt dated 04/01/2016 and 09/01/2016 (Exh-13).
    11. Statement of account (Exh-14).
    12. Particulars of claim (Exh-15).
    13. Notice dated 27/06/2017 and notice dated 21/12/2017, postal receipts and returned packets (Exh- 16).
    Matter adj for Argument to 01/02/2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Amit Shukala for plff. Present.
    Adv. For deft. Absent.
    Adv. For the plff. Filed application for evidence closing pursis. Exh-16 Order- Seen and filed.
    Argument heard.
    Matter is adjd to 15.02.2020 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Mr. Shukla I/b Mr. K.R. Lalchandani for plff. Present.
    Judgment Exh-17  pronounced and following order is passed.
    ORDER
    1. The defendant do pay Rs.3,80,872/- (Rs. Three Lakh Eighty Thousand Eight Hundred Seventy Two Only) to the plaintiff bank with interest at the rate of 11.20 percent per annum from the date of filing of the suit till its realization.
    2. Defendant do pay costs of the suit to the plaintiff bank.
    3. Decree be drawn accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 15-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 102780/2018
    Filing Date: 16-02-2018
    First Hearing Date: 30th July 2018
    Decision Date: 15th February 2020
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    15 Feb 2020

    Order Details: Ex-parte Judgement Pdf Text: Summ. Suit No. 571/18 Filed on : 16.02.2018 Registered on : 05.06.2018 Decided on : 15.02.2020 Duration : Yr-01 Ms-08 Ds-11 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.571 OF 2018 (CNR NO.MHCC01-002479-2018) Exhibit-17 Allahabad Bank A body corporate constituted under the Banking Companies Acquisition & Transfer of Undertakings Act, 1970 having its Head Office at 2, Netaji i Subhash Road, Kolkata – 700 001. Inter alia a branch at 26,…

    Read Full Order
    Order 1Full order available
    15 Feb 2020

    Order Details: Ex-parte Judgement Pdf Text: Summ. Suit No. 571/18 Filed on : 16.02.2018 Registered on : 05.06.2018 Decided on : 15.02.2020 Duration : Yr-01 Ms-08 Ds-11 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.571 OF 2018 (CNR NO.MHCC01-002479-2018) Exhibit-17 Allahabad Bank A body corporate constituted under the Banking Companies Acquisition & Transfer of Undertakings Act, 1970 having its Head Office at 2, Netaji i Subhash Road, Kolkata – 700 001. Inter alia a branch at 26,…

    Read Full Order

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