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Commercial Suit

Canara BankVsMr. Janardhan B Dhande

CNR MHCC01004082202031-COURT 31 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 07th October 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100506/2021
Registration Date
12 Oct 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Canara Bank

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 16-12-2020
    Business: Adv. for Plaintiff Absent.
    Adv. for defendant Absent.
    Matter is adjd. to 17.04.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 73/2021 dtd. 06.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 05.04.2021 with the  Letter No. Insp/I/30/2021 dtd. 05.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 07.04.2021 in supersession of earlier Office Order No. 64/2021. As per clause No.4 of the said Office Order No.73/2021 all Courts shall remain closed on every Saturday and to take up only remand and urgent matters, as being taken up on holidays.
    Next Purpose: REPORT
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT  (C.R.NO.31)
    Both parties and their advocates are absent when called out.
    Matter is adjd.to 21-08-2021 for report
    Next Purpose: REPORT
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: Adv. Upadhyay for plaintiff present.
    Exh.2 - Adv. For plaintiff filed application seeking time for serving writ of summons.
    O. - Time as prayed for is granted.
    The matter is adjd for service to 06.10.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Adv. V.N. Joshi for plaintiff present.
    Exh.3- Adv. For plaintiff tendered service affidavit. T.O.R.
    Service is not proper.  Plaintiff is directed to take further steps.
    The matter is adjd for steps to 25.10.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: None present.
    The matter is adjd for taking steps to 25.11.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: None present.
    The matter is adjd for taking steps to 20.12.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: None present.
    The matter is adjd for steps to 17.01.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: Adv. Ankit Tiwari for plaintiff present.
    In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for taking steps to 10.02.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: None Present.
    In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for taking steps to 03.03.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Adv. Ankit Tiwari for plaintiff present.  He sought time for taking steps.  Time as prayed for is granted.
    The matter is adjd for taking steps to 08.04.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv. Upadhyay for plaintiff present.  He sought time for taking steps. Time as prayed for is granted as a last chance.
    The matter is adjd for steps to 14.06.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: Adv. Archana Bhor for plaintiff present.
    K.B.
    L.O. at 03.10 pm.
    Adv. B.N. Joshi for plaintiff present.
    Adv. For plaintiff tendered draft Ch/sum.  Leave to register Ch/sum is granted.
    Heard Adv. For plaintiff on draft Ch/sum.
    ORDER BELOW DRAFT CH/SUM
         Summons to deft. cannot be served on the address known to the plaintiff.  Considering the service affidavit filed on record, there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service. Therefore, summons to deft. be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house.  Draft Ch/sum is disposed of accordingly and it be registered for statistical purpose.
    K.B.
    L.O. at 04.15 pm.
    Adv. Archana Bhor along with Adv. B.N. Joshi for plaintiff present.
    Adv. For plaintiff tendered disposed of registered Ch/sum No.814/22.  T.O.R.
    The matter is adjd for affidavit of service to 15.07.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: Adv. Shivesh Upadhyay for plaintiff present.
    None for deft.
    Exh.4- Advocate for plaintiff tendered service affidavit t.o.r.
    O- As per service affidavit Exh.4 deft. is deemed to be served with writ of summons but he failed to tendered appearance.
    The matter is adjd for Ex-parte evidence to 01-08-2022
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: Adv. Archana Bhor for plaintiff present.  She sought time for adducing evidence.  Time as prayed for is granted.
    The matter is adjd for ex-parte evidence to 18.08.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: None present.
    The matter is adjd for ex-parte evidence to 15.09.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: P.O. is on half day leave. (First Session)
    The matter is adjd for Ex-Parte evidence to 29.09.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-12-2022
    
    Date: 22-12-2022
    Business: Court is vacant. Matter is adjourned to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: The court is vacant. Hence, matter is adjd to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Matter pertains to C.R. No. 14.
    Adv. Upadhay for plaintiff is present.
    None for defendant.
    Plaintiff witness is present.
    Exh.05 - Affidavit of examination in chief of plaintiff bank’s Manager namely Brijesh Kumar Singh is filed O- Plaintiff bank’s Manager namely Brijesh Kumar Singh is present before the Court. He admits the contents of affidavit. It is read and recorded.
    Exh.06 -  List of documents O- Filed.
    Following documents were proved in the examination in chief of witness.
    Exh.07 - Original of loan application.
    Exh.08 - Original of sanction letter.
    Exh.09 - Original of letter of undertaking re:loans/ advances.
    Exh.10 - Original of particulars of vehicles/Machinery/ Equipment/Livestock, etc., hypothecated.
    Exh.11 - Original of deed of hypothecation re:vehicles.
    Exh.12 - Original of specimen signature card for borrowal accounts.
    Exh.13 - Original of certificate of registration.
    Exh.14 - Original of acknowledgment of debt and security.
    Exh.15 - Computer generated copy of the statement of the account.
    Defendant is absent. Hence, no cross-examination.
    Exh.16 - Ld adv for plaintiff filed evidence closing pursis t.o.r. O- R and R.
    Case is adjourned for argument to 27-04-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: Matter pertains to C.R. No. 14.
    Adv. Shivesh Upadhay for plaintiff is present.
    None for defendant.
    Court is busy in passing order.
    Case is adjourned for argument to 14-06-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: Canara Bank vs. Janardhan Dhande.
    Matter is received under transfer from Court Room No.14.
    Plaintiff called but absent.
    Plaintiff argue for next date.
    Matter adjourned to 31-08-2023 for exparte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-08-2023
    
    Date: 31-08-2023
    Business: Canara Bank Vs Mr. Janardhan B Dhande
    Adv. Shivesh Upadhayay present for plaintiff.
    He is seeking oral adjourned for arguments.
    Matter adjourned to 26.09.2023 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: Canara Bank Vs Mr. Janardhan B Dhande
    Plaintiff side called, but absent.
    Parties to take steps regarding evidence. Else, put for necessary order.
    Matter adjourned to 07.10.2023  for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: Canara Bank Vs Mr. Janardhan B Dhande
    
    Adv. Shivesh Upadhayay present for Plaintiff.
    FRSR following order is passed
      ORDER
        1. Commercial Suit No. 100506 / 2021, Canara Bank - Janardhan B. Dhande, is partly allowed with proportionate cost.
    
        2. The defendant, within three months from the date of this Order, shall pay Rs. 3,61,245.50/- (Rs. Three Lakhs Sixty One Thousand Two Hundred Forty Five and Fifty Paise Only) to the plaintiff with interest @ 6 percent per annum from the date of filing of the Suit till its realization.
    
        3. Court fee, if any, be refunded to the plaintiff as per rule.
    
        4. Decree be drawn up accordingly.
    
        5. Judgment pronounced in Open Court.
    
        6. Both plaintiff and defendant be informed about their right to challenge this Judgment and period of limitation for it.
    
        7. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 07-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104517/2020
    Filing Date: 14-09-2020
    First Hearing Date: 16th December 2020
    Decision Date: 07th October 2023
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Oct 2023

    Order Details: Ex-parte Judgement Pdf Text: CS No.100506 / 2021 Canara Bank – Janardhan Judgment (Exh.17) 1 of 5 MHCC010040822020 Suit Filed on : 14.09.2020 Arguments Heard : 07.10.2023 Decided on : 07.10.2023 Duration : 03 Years 24 Days City Civil & Sessions Court, Greater Mumbai Court Room No. 31 (Additional District Judge : Vijay S. Hingne, LL. M.) Commercial Suit No. 100506/2021 Exhibit No. 17 Plaintiff : Canara Bank Circle office : C-14, G Block, BKC, Mumbai 400 051.…

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