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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

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection 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: 05-01-2023

    Additional 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

    2
    Final 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…

    Read Full Order
    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…

    Read Full Order

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