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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

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection 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: 15-04-2023

    Additional 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

    2
    Final 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…

    Read Full Order
    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…

    Read Full Order

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