Order Details: Copy of Judgment Pdf Text: Judgment in Exh. 36 Suit No. 346 of 2021 MHCC010048482018 Presented on : 12042018 Registered on : 01062018 Decided on : 15042023 Duration : 4 Yr, 10 M, 14 D Exh. 36. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.346 OF 2021. IDBI Bank Limited. ] A Company incorporated and registered, ] under the Indian Companies Act, 1956 ] [1 of 956] and also a banking company…
SUIT - SHORT CAUSE CIVIL SUIT
IDBI Bank LtdVsM/s. Samarth Tours and Travels +2 more
CNR MHCC01004848201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 15th April 2023
TrustJury record updated 11 Sept 2026
Case Overview
- Registration Number
- 100346/2021
- Registration Date
- 01 Jun 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Petitioner
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 25-06-2018
Business: Both the parties and adv absent.
Issue writ of summons
Matter adjd to 14.8.2018 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-08-2018
Date: 14-08-2018
Business: Adv.Barve for pltff present.
Adv. for deft. absent.
Issue writ of summons.
Matter adjd to 22.10.2018 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-10-2018
Date: 22-10-2018
Business: Both the parties and adv absent.
Matter adjd to 8.1.2019 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-01-2019
Date: 08-01-2019
Business: Adv. Anita Murgude for pltff present.
Adv. for deft. absent.
On oral request of pltff matter adjourned till next date.
Matter adjd to 5.3.2019 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-03-2019
Date: 05-03-2019
Business: Adv. Anita Murgude for pltff present.
Adv. for deft. absent.
Matter adjd to 25.4.2019 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: None present.
Matter is adjd.for writ of summons on 04.09.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Court is on Leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Advocate Kanchan Lele for plaintiff is present and filed affidavit of service of defendant no. 3 alongwith original writ of summons.
None present for defendant.
Exh.1 - Plaint.
Exh.2 - V/P of plaintiff.
Exh.3 - Memorandum of address.
Exh.4 - List of documents.
Exh.5 - Advocate for plaintiff filed affidavit of service of defendant no. 3.
Advocate for plaintiff filed draft C/S for substitute service. Leave is granted to register.
Adjourned for C/S reply to 02.03.2020.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: None present for plaintiff.
None present for defendant.
It is hereby directed to the plaintiff to tender registered C/S on record on next date. Otherwise, necessary order will be passed.
Adjourned for C/S reply to 14.03.2020.
Later on- At 4.45p.m.
Adv. Mrs. A.W. Berve for plaintiff present and tendered regd. Ch/sum. no. 216/20.Chamber summons is allowed as prayed for.
Adjourned for service of writ of summons to 13/04/2020.
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Business: National Lockdown
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Lockdown due to Covid19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Business: ORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Adjd for writ of summons on 02/12/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Advocate A. W. Barve for plaintiff is present.
None present for defendant.
On oral request of advocate for plaintiff time is extended for service of writ of summons.
Adjourned for service of writ of summons to 17.12.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Advocate A.W. Barve for plaintiff is present and filed affidavit of service at Exh. 06.
None present for defendant.
Adjourned for hearing on Exh. 06 to 14.01.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Adv. Barve for plaintiff present.
None for defendant
Matter is adjd.to 12-02-2021 for Hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 12-02-2021
Date: 12-02-2021
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 12.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. A.W. Barve for plaintiff present.
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 19/04/2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: Due to COVID-19 mater adj. to
Next Purpose: ARGUMENTS
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: Court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Court is Vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: Court is Vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-03-2022
Date: 05-03-2022
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: 04-08-2022
Date: 04-08-2022
Business: Matter called out at 12.02 pm
Adv A.W.Barve for plff present
None for Defendant
The matter is wrongly under the caption of arguments. Plff to file evidence.
Matter is adjd on 17.09.2022 for RE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Matter called out at 12.16 pm
Adv A.W. Barve for plff present
None for defendant
Witness present
Adv for plff tendered evidence affidavit t.o.r marked as Exh 7
O- R and R
Adv for plff tendered list of documents a/w documents t.o.r marked as Exh 8
Matter is adjd on 19.11.2022 for Hrg on exhibiting documents
Next Purpose: HEARING
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Matter called out at 12.13 pm
Adv A.W.Barve for plff present
None for defendant
Heard adv for plff on documents with list Exh 8. Perused the documents and evidence affidavit. The documents at Sr Nos. 12, 13, 14, 16 and 28 are the photocopies. The document at Sr No.12 is copy of registration certificate and can be admitted in evidence. However, in respect of other photocopies, foundation is not led to lead secondary evidence. Thus, except documents at Sr Nos. 13,14 ,16 and 28. Rest of the documents marked as under
1. The application for term loan dtd 13.08.15 as Exh 9
2. The proforma invoice No. 5995 dtd 14.08.15 as Exh 10
3. The sanction letter dtd 19.08.15 as Exh 11
4. The demand promissory note dtd 19.08.15 as Exh 12
5. The demand promissory note delivery letter dtd 19.08.15 as Exh 13
6. The Hypothecation cum loan agreement dtd 19.08.15 as Exh 14
7. The letter of Authority dtd 19.08.15 as Exh 15
8. The undertaking signed by defendant dtd 19.08.15 as Exh 16
9. The common guarantee deed dated 19.08.15 as Exh 17
10. The receipt voucher dtd 26.08.15 as Exh 18
11. The Tax invoice dtd 10.09.15 as Exh 19
12. The copy of Registration certificate of car/taxi as Exh 20
13. The letter dtd 23.08.16 as Exh 21
14. The letter dtd 01.11.16 as Exh 22
15. The demand notice dtd 10.01.17 as Exh 23
16. The recall notice dtd 13.02.17 as Exh 24
17. The notice of invocation of guarantee dtd 15.11.17 as Exh 25
18. The notice of invocation of guarantee dtd 15.11.17 as Exh 26
19. The notice of invocation of guarantee dtd 15.11.17 as Exh 27
20. The demand notice dtd 20.02.17 as Exh 28
21. The demand notice dtd 25.04.17 as Exh 29
22. The demand notice dtd 22.05.17 as Exh 30
23. The demand notice dtd 05.06.17 as Exh 31
24. The demand notice dtd 12.06.17 as Exh 32
25. The demand notice dtd 21.10.17 as Exh 33
26. The demand notice dtd 09.11.17 as Exh 34
27. Statement of Account showing balance as on 31.03.18 as Exh 35
Matter is adjd on 17.12.2022 for Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Matter called out at 11.32 am
Adv Sangket Dongre for plff present and tendered written argument t.o.r marked as Exh 36
None for defendant
Matter is adjd on 21.01.2023 for Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Adv.Sanket Dongre for plaintiff present and seeks adjournment.
O- Granted.
Matter is adjd on 18-03-2023 for argument.
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: Adv. Barve for plaintiff present.
Heard argument of advocate of plaintiff.
Matter is adjd on 01-04-2023 for Judgment.
Reason For Adjournment: court time is over
Next Purpose: JUDGMENT
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Matter called out at 11:23 am.
Adv. Mr. Sanket Dongre for the plaintiff is present.
None for the defendant.
The Court is busy in recording evidence in SU No. 6733/2006 and SC No. 2140/2019.
Matter is adjd on 15.04.2023 for judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Matter called out at 11.16 am
Adv Sanket Dongre for plaintiff present.
None for defendant
Judgement dictated and pronounced in open court.
Judgement
F.R.S.R. FOLLOWING ORDER PASSED
ORDER
1. Suit No. 346/2021 is decreed with costs.
2. Defendants shall jointly and severely pay an amount of
Rs. 7,95,887/- to the plaintiff with interest at the rate of 11.75 persent p.a. from the date of the suit till entire amount is realised.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 15-04-2023Additional Case Details
Additional Case Details
Filing Number: 105266/2018 Filing Date: 12-04-2018 First Hearing Date: 25th June 2018 Decision Date: 15th April 2023 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
15 Apr 2023
Order 1Full order available
15 Apr 2023
Order Details: Copy of Judgment Pdf Text: Judgment in Exh. 36 Suit No. 346 of 2021 MHCC010048482018 Presented on : 12042018 Registered on : 01062018 Decided on : 15042023 Duration : 4 Yr, 10 M, 14 D Exh. 36. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.346 OF 2021. IDBI Bank Limited. ] A Company incorporated and registered, ] under the Indian Companies Act, 1956 ] [1 of 956] and also a banking company…
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