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SUIT - SHORT CAUSE CIVIL SUIT

Canara BankVsMohammad Rafiq Shaikh Prop. M/S Anas Tours and Travels

CNR MHCC01002930202059-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 16th September 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101170/2020
Registration Date
20 Oct 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: At. 11.20 am
    Adv. Jyotsna Putharan for plaintiff present.
    Adv. for plaintiff filed affidavit of service. t.o..r
    Adjd for taking steps to 29/04/2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Adv. Ms. Putran for Plaintiff present.
    	None present for Defendant.
    	KB
    	Later on :- at about 03.40 p.m.
    	Adv. for Plaintiff moved Chamber Summons seeking to Issue Writ of Summons it be published in Daily News Paper in English and Marathi.
    Exh. __	Perused Affidavit.  Perused the earlier Writ of Summons send by RPAD.  The Postal Authority informed that the addressee is “not known” Since it is the last known address of the Defendant available to the Plaintiff, issue Writ of Summons with the direction to publish it in local newspaper in English and Marathi both, having vide circulation in Mumbai, at the expenses of the Plaintiff.  The office to comply.  Accordingly, the Chamber Summons is disposed off.  For statistical purpose it be registered.
    	Matter adj. to 01/12/2021 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Court is Vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: COURT IS VACANT
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Adv  for plff present
    None for Defendant
    Adv for plff tendered service affidavit of paper publication t.o.r. marked as Exh 3. Put up for consideration.
    Matter is adjd on 19.09.2022 for direction
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Matter called out at 11.39 am
    Adv Jyostna Puthvan for plff present
    None for defendant
    Service affidavit Exh 3 shows that writ of summons is duly served upon defendant by publication in news paper on 27.10.2021 as per order dated 25.08.2021.  Defendant has not appeared.  Suit shall proceed exparte against defendant.
    Matter is adjd on 07.12.2022 for Exparte Hrg
    Next Purpose: HEARING
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: Matter called out at 11.39 am
    Adv Jyotsna Puthvan for plff present and seeks time to file evidence.  Granted.
    None for defendant
    Matter is adjd on 16.02.2023 for Hrg
    Next Purpose: HEARING
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: Court is busy in hearing Argument for SU 6672/2001, 6072/2007, 306/2020, 1682/2014 Hence, Board discharged.
    Matter is adjd on 10/04/2023  for  Ex-parte Evidence
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: Adv. for plaintiff present and seeks adjournment.
    Matter is adjd on 11-07-2023 for Admission and denials.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 11-07-2023
    
    Date: 11-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Sivoj Sule for plaintiff present.
    None for defendant (Ex-parte).
    At the request of advocate for plaintiff matter is kept back.
    Later on at 12.35pm
    Adv.Sivoj Sule for plaintiff present.  He filed affidavit of evidence of Shri.Vijay Waghmare T.O.R marked as Exh-4.
    Order-Read and recorded.
    He also filed list of documents T.O.R marked as Exh-5.
    Adv. for plaintiff filed evidence closing pursis T.O.R marked as         Exh-6.
    Matter is adj to 11/09/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Sivoj Sule for plaintiff present.  He filed written notes of argument.  T.O.R marked as Exh-7
    None for defendant (Ex-parte).
    Matter is adj to 16/09/2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Sivoj Sule h/f Adv.Jyotsna Puthran for plaintiff present.
    None for defendant.
    Suit No.1170 of 2020 is partly decreed.
    F.R.S.R
    Dictated and pronounced in open court.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 16-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103259/2020
    Filing Date: 06-03-2020
    First Hearing Date: 10th November 2020
    Decision Date: 16th September 2023
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Sept 2023

    Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 1170 of 2020. 1 MHCC010029302020 Presented on : 06-03-2020 Registered on : 20-10-2020 Decided on : 16-09-2023 Duration : 3 Yr, 6 M, 10 D. Exh. 8 IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.1170 OF 2020. CANARA BANK, a Banking Company ] constituted and functioning under the Provision ] of the Banking Companies (Aquisition and ] Transfer of Undertaking) Act 1970, having…

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