Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 409 of 2011 MHCC010035152018 Presented on : 13032018 Registered on : 16072018 Decided on : 05012023 Duration : 4 Y, 9 M, 23 D IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.409 OF 2021. The Hindusthan Cooperative Bank Ltd. ] Having its Head Office address at 4 A ] Devi Galli, Baburoa Bobde Marg, ] Lokhand Bazar, Mumbai 400 009. ] and also…
SUIT - SHORT CAUSE CIVIL SUIT
The Hindustan Co Operative Bank Ltd.VsM/s. Mahindra and Mahindra Ltd. +1 more
CNR MHCC01003515201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 05th January 2023
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 100409/2021
- Registration Date
- 16 Jul 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 06-08-2018
Business: None Present for the Plff.
Issue writ of summons to Deft.
Adj. For Service affidavit on 05/10/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-10-2018
Date: 05-10-2018
Business: Adv. Ms. Shama Bhandri Present for the Plff.
Ld counsel for the Plff filed application for extension time for service writ of summons. t.o.r. Allowed.
Adj. For Service affidavit of writ of summons on 22/02/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: Adv. Ms. Shama Bhandari Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed application for service by RPAD of Writ of summons upon deft no.2. t.o.r. Ex.03.
Order- Heard Granted for proper service upon deft no.2.
Adj. For Service affidavit on 26/04/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Adv. Vishal C. Ghosalkar Present for the Plff.
None Present for the Deft.
LD counsel for the plff sought time for service affidavit upon deft no.1. granted.
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 no.2 for service in daily news paper Free Press Journal English and Navbharat Hindi having wide circulation in local area. No order as to costs. Service affidavit be filed.
Adj. for CS Returnable and Service affidavit upon deft no.1 and 2 on 09/08/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Today PO is on leave (2nd Session), hence adjourned.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: Adv. Khan for plaintiff present.
Exh.4 Service affidavit filed by plaintiff. TOR.
As per Exh.4 D-2 is duly served by way of publication in newspaper. D-1 is already served. However, none is appeared for D-1 and 2. Hence to proceed exparte against them.
Matter adjd for exparte R/E on 26/11/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Adv. Kshama Bhandari Present for the Plff.
On the oral request of the Ld counsel for the plff matter is adjourned.
Matter adjd to 04/02/2020 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. M.M. Khan for plaintiff present.
None for defendant.
Suit is already proceeded ex-parte against defendant.
On the request of Ld. Counsel for plaintiff matter is adjourned.
Matter adjd for ex-party evidence to 02-04-2020 at 11.00 am.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Adjd for exparte evidence on 02/11/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Both parties and their advocates are absent.
Adjourned for (ex-parte) evidence on 16.12.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 28.01.2021.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv. Shama Bhandari I/b Adv. Ghosalkar for plaintiff present.
None for defendant
Exh.5 - evidence affidavit of PW -1 - Sunil Patwardhan
Exh.6 - List of documents.
In view of evidence of PW - 1, following documents are
marked -
Exh.7 - Original Authority letter.
Exh.8 - Original receipt and bill of purchase.
Exh.9 - Email addressed to defendant.
Exh.10 - Notice issued to defendant.
Exh.11 - Reply issued by defendant.
Exh.12 - letter issued by plaintiff to defendant.
Exh.13 colly - (Serial No. 7 to 12)
Exh.14 colly - (Serial No. 13 to 20)
Exh.15 colly - (Serial No. 21 to 25)
Exh.16 - Bill no. 426 issued by Indian Auto mobiles.
Exh.17 colly - (Serial No. 27 to 30)
Exh.18 - Bill no. 350 issued by Rakesh Auto parts.
Exh.19 - Bill no. 401 issued by Arif Auto Electronics.
Exh.20 colly - (Serial No. 33 to 40)
Exh.21 colly - (Serial No. 41 to 51)
Exh. 22 - evidence close pursis.
Matter is adjd.to 23-02-2021 for argument.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: None for plaintiff and defendant.
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The Commercial Court.
Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 23.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv. Ms. Kshama Bhandari for plaintiff
None for defendant.
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The Commercial Court.
Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 23.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: Court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Board is discharged. Matter adj. to
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Court is Vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: COURT IS VACANT
Next Purpose: ARGUMENTS
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: AS PO IS ON TRAINING
Next Purpose: ARGUMENTS
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: AS PO IS ON TRAINING MATTER ADJD TO
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Matter called out at 11.54 am
Adv M.M.Khan I/b Vishal Ghosalkar for plff present
None for Defendant
Adv for plff seeks time for arguments.
Matter is adjd on 15.09.2022 for Arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Matter called out at 11.35 am
Adv for plff present
None for defendant
Adv for plff seeks time for filing written argument and argument. Granted.
Matter is adjd on 07.11.2022 for Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Matter called out at 12.33 pm
Adv Vishal Ghosalkar for plff present
None for defendant
Heard argument of adv for plff.
Matter is adjd on 18.11.2022 for Order
Next Purpose: ORDER
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Matter called out at 11.09 am
Adv M.M.Khan h/f Vishal Ghosalkar for plff present
None for defendant
The matter is for judgment. Certain queries regarding jurisdiction of the civil court and the evidence regarding manufacturing defect claimed by the plff in the plaint are raised by the court. Adv for plff seeks time to submit citations and to make submissions.
Matter is adjd on 20.12.2022 for Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Matter called out at 11.49 am
Adv M.M.Khan h/f Vishal Ghosalkar for plff present
None for defendant
Heard submissions of adv for plff on the queries raised by the court.
Matter is adjd on 05.01.2023 for Judgment
Next Purpose: JUDGMENT
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Matter called out at 11.35 a.m.
Adv. Mohd. Moin Khan for plff present.
None for defendant
K.B. for Judgment.
L.O.5.00p.m.
None for plaintiff.
None for defendant.
Judgment
Judgment pronounced in open Court.
F.R.S.R Following order is passed
ORDER
1. Suit No. 409 of 2021 is dismissed with costs.
2. Decree be drawn up accordingly.
3. Suit No.409 of 2021 is disposed off accordingly.
R and P be sent to the Record Department.
Nature Of Disposal: DISMISSED
Disposal Date: 05-01-2023Additional Case Details
Additional Case Details
Filing Number: 103862/2018 Filing Date: 13-03-2018 First Hearing Date: 06th August 2018 Decision Date: 05th January 2023 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
05 Jan 2023
Order 1Full order available
05 Jan 2023
Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 409 of 2011 MHCC010035152018 Presented on : 13032018 Registered on : 16072018 Decided on : 05012023 Duration : 4 Y, 9 M, 23 D IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.409 OF 2021. The Hindusthan Cooperative Bank Ltd. ] Having its Head Office address at 4 A ] Devi Galli, Baburoa Bobde Marg, ] Lokhand Bazar, Mumbai 400 009. ] and also…
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