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Commercial Suit

BANK OF BARODAVsM/s. S.S. Garments +1 more

CNR MHCC01004870201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 29th January 2020

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100046/2019
Registration Date
04 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 03-08-2019
    Business: Adv. Ms.Pooja Mali h/f Purnima Pandit for plaintiff is present.
    Issue writ of summons to defendant No.1 and 2.
    Adjourned to 09.09.2019 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: Adv. Ms.Pooja Mali h/f Adv. Purnima Pandit for plaintiff is present.
    Adjourned to 23.10.2019 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: Adv Ms. Pooja Mali h/f Poornima Pandit for plff. Present.
    None for deft. nos. 1 and  2.
    Advocate for plff. filed affidavit of service along with writ of summons regarding deft no.2. Exh.2
    At the request of advocate for plff. Adjd. To 06.11.2019 for taking steps against service of deft no. 1.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Adv. Pooja Mali h/f Adv. Purnima Pandit for plaintiff is present.
    None present for defendant No.2.
    Exh.3 Colly. - Advocate for plaintiff filed application alongwith affidavit of plaintiff for publishing the summons in local news paper.
    Order - Read. Heard. Allowed.
     Adjourned to 18.12.2019 for Service (Publication).
    Next Purpose: SERVICE
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Adv. Pooja Mali h/f Adv. Purnima Pandit for plaintiff is present and filed affidavit of service to defendant alongwith publication in Free Press Journal and  Navshakti Newspaper. TOR and marked as Exh.4.
    Perusal of Newspapers shown writ of summons has been published in those newspapers dt. 04.12.2019 thus, the defendants are deemed to be served.
    None present for defendants.
    Hence adjourned to 03.01.2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: Adv. Pooja Mali h/f Adv. Purnima Pandit for plaintiff is present.
    None present for defendant.
    Advocate for the plaintiff tendered the original writ of summons. TOR and marked as Exh.5.
    It appears from the copy of newspaper Free Press Journal Dt.04.12.2019 and copy of Marathi newspaper Navshakti that Writ of summons has been published. This is good service of writ of summons on the defendant. Neither defendant nor anybody appears on behalf of defendant. Hence case against defendant be proceeded ex-parte.
    Adjourned to 13.01.2020 for Ex-Parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv. Pooja Mali h/f Adv. Purnima Pandit for plaintiff is present.
    None present for defendant.
    Advocate for plaintiff seeks adjournment.
    On request of advocate for plaintiff, adjourned to 21.01.2020 for Ex-Parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Adv. Pooja Mali i/b Adv. Purnima Pandit for plaintiff is present.
    None present for defendant.
    PW-1 Vikram Tukaram Gotam is present.
    Advocate for plaintiff tendered affidavit of evidence and list of documents alongwith original documents. Affidavit of evidence and list of documents are taken on record.
    Exh.6 - Affidavit of Evidence.
    Exh.7 - List of documents.
    Deposition PW-1 Vikram Tukaram Gotam commenced and completed by advocate for plaintiff.
    Exh.8 -  Letter of Sanction dt. 12.07.2016.
    Exh.9 -  Demand Promissory Note dt.12.07.2016.
    Exh.10 -  Letter of Sole Proprietorship of defendant No.2.
    Exh.11 -  Letter of Installments dt. 12.07.2016.
    Exh.12 -  Letter of Authority dt. 12.07.2016.
    Exh.13 -  Composite Hyphothication Agreement.
    Exh.14 -  Composite Undertaking cum Declaration.
    Exh.15 -  Declaration cum Undertaking cum Authority.
    Exh.16 -  General Form of Guarantee.
    Exh.17 - Office copy of advocate notice.
    Exh.18 Colly - Original statement of account alongwith the certificate u/s.65-B.
    Exh.19 - Evidence closure pursis filed by advocate for plaintiff. TOR.
    Adjourned to 28.01.2020 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Adv. Pooja Mali i/b Adv. Purnima Pandit for plaintiff is present.
    None present for respondent.
    Heard final arguments of advocate for plaintiff.
    Adjourned to 29.01.2020 for Ex-Parte Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Adv. Pooja Mali i/b Adv. Purnima Pandit for plaintiff is present.
    None present for defendant.
    Judgment is dictated and pronounced in open court.
    F.R.S.R. Following order is passed.
    ORDER
    1. Suit is decreed with costs.
    2. the defendants jointly and severally liable to pay Rs.8,09,697/- to the plaintiff alongwith future interest  @ 8.60 p.a. with monthly rest from the date of filing of the suit till the date of payment.
    3. Decree be drawn accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 29-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 105414/2019
    Filing Date: 03-05-2019
    First Hearing Date: 03rd August 2019
    Decision Date: 29th January 2020
    Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

    Orders

    1
    Final Order 1Full order available
    29 Jan 2020

    Order Details: Copy of Judgment Pdf Text: 1 Comm.suit 46.19 Received on : 03/05/2019 Registered on : 04/07/2019 Decided on : 29/01/2020 Duration : Y M D 00 06 25 IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY Commercial Suit No.46 of 2019 Bank of Baroda, a body Corporate, constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act V1970, having their head office at Mandvi, Baroda, Gujrat State and their branch office at LBS Road Kurla Branch,…

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