Order Details: Copy of Judgment Pdf Text: Judgment in Suit No.1541of 2021 1 MHCC010061842018 Presented on : 05-05-2018 Registered on : 16-07-2018 Decided on : 18-07-2023 Duration : 5 Yr, 2 M, 13 D. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.1541 OF 2021. Exh. 11. Bank of India, a Bank, a body Corporate ] Constituted under the Banking Companies, ] (Acquisition and Transfer of Undertaking) Act ] V of 1970, having their Head…
SUIT - SHORT CAUSE CIVIL SUIT
BANK OF INDIAVsMr. Moahmmed Siddique Mohd. Wahid Shaikh
CNR MHCC01006184201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 18th July 2023
TrustJury record updated 13 Sept 2026
Case Overview
- Registration Number
- 101541/2021
- Registration Date
- 16 Jul 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 06-08-2018
Business: Adv. Anant Shinde and Co. for plaintiff present.
Exh-1 Plaint
Exh-2 Vakalatnama
Exh-3 Memorandum of register address
Exh-4 List of documents.
Exh-5 Adv. Anant Shinde and Co. for plaintiff filed application for extension of time to lodge writ of summons.
O-Granted.
Matter is adj for taking steps on 07/12/18.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-12-2018
Date: 07-12-2018
Business: Adv. Anand Shinde for plaintiff present.
Matter is adj for filing service affidavit on 05/03/19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-03-2019
Date: 05-03-2019
Business: Adv. Pranita Shinde for plaintiff present.
Matter adj for filing affidavit of service on 07/06/19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Matter called out ( 12.36 p.m.)
Adv.Praneeti Shinde for plaintiff present.
Exh- Adv. for plaintiff submitted that the def.is served but he did not sign in A/d. Hence she filed application for re-issue of writ of summons. O-Allowed.
Matter adj for filing service report on 30/08/19.
Next Purpose: SERVICE
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Harshika Makwana for plaintiff present.
Adv. for defendant absent.
Advocate for plaintiff tender affidavit of service. Defendant duly served however remained absent.
Matter adjd to 05.11.2019 for ex-parte order.
Next Purpose: ORDER
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv. H. Makwana for plaintiff present.
Adv. for defendant absent.
Matter adjd to 04.12.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: COURT IS ON LEAVE
Next Purpose: ORDER
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Pranita Shinde for plaintiff present.
Adv.for defendant absent.
Matter adjd to 30.03.2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Gupta for plaintiff
Adjd for Ex-parte order to 17-06-2021
Next Purpose: ORDER
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: ORDER
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
The matter is adjd to 10.08.2021.
Next Purpose: ORDER
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv. Pranita Shinde for plaintiff present.
None for deft.
Perused the proceeding sheet and plaint.
2. Suit was initially registered as a Short Cause Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute.
3. Section 12 of the Commercial Courts Act, 2015 makes a provision for determination of specified value. As per section 12 (1)(a) of the Commercial Courts Act, 2015, where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in a suit or application inclusive of interest, if any, computed upto the date of filing of the suit or application, as the case may be, shall be taken into account for determining such specified value.
4. Plaintiff is seeking recovery of the amount of Rs.2,11,912.86. It has also valued the suit for said amount. Thus, as per section 12(1)(a) of the Commercial Courts Act, 2015, specified value of the present suit would be Rs.2,11,912.86. Present suit does not qualify as a Commercial dispute considering the valuation of the claim made by the plaintiff. Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
Matter is adjd for compliance of above order to 27.08.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Board is discharged. Matter adj. to
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: COURT IS VACANT
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv Dakshita Sawant for plff present.
None for defendant.
Service affidavit Exh.7 shows that defendant is served. Defendant has not appeared despite of service. Suit to proceed exparte against the defendant.
Adjd for 19.07.2022 for Ex-parte Hrg.
Next Purpose: HEARING
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Matter called out at 11.30 am
Adv Pragati Shelar for plff
None for Defendant
Matter is adjd on 27.09.2022 for Hrg
Next Purpose: HEARING
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Matter called out at 11.32 am
Adv Shalaka Navghare for plff present
None for defendant
Adv for plff seeks time to file evidence. Granted.
Matter is adjd on 28.11.2022 for Hrg
Next Purpose: HEARING
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: PO is on leave. Hence, Board is discharged.
Next Purpose: HEARING
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: None present
Matter is adjd on 08.03.2023 for Hrg
Next Purpose: HEARING
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Court is busy in hearing argument in SU 8315/02, hence board discharged.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: Matter called out at 11.59 am
Adv Geetashri Bejjanki I/b Adv Anant Shinde for plff present and seeks time to file evidence affidavit. Granted.
None for defendant
Matter is adjd on 05-07-2023 for Exparte Evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Prashant Shinde for plaintiff present.
None for defendant.
Adv. for plaintiff filed affidavit of evidence of Shri.Pradi Thutte Senior Manager of Bank of India T.O.R marked as Exh-8 O-Read and recorded.
He also filed list of documents T.O.R marked as Exh-9.
Adv. for plaintiff filed evidence closing pursis T.O.R marked as Exh-10
Heard Ld.Adv. for plaintiff.
Matter is adj to 18/07/2023 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Praneeta Shinde i/b Anant B. Shinde and Company for plaintiff present.
None for defendant.
Kept back.
F.R.S.R following order is passed on Suit No.1541/2021.
ORDER
Suit No.1541 of 2021 is decreed.
Dictated and pronounced in open court.
Nature Of Disposal: DECREED
Disposal Date: 18-07-2023Additional Case Details
Additional Case Details
Filing Number: 106720/2018 Filing Date: 05-05-2018 First Hearing Date: 06th August 2018 Decision Date: 18th July 2023 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
18 Jul 2023
Order 1Full order available
18 Jul 2023
Order Details: Copy of Judgment Pdf Text: Judgment in Suit No.1541of 2021 1 MHCC010061842018 Presented on : 05-05-2018 Registered on : 16-07-2018 Decided on : 18-07-2023 Duration : 5 Yr, 2 M, 13 D. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.1541 OF 2021. Exh. 11. Bank of India, a Bank, a body Corporate ] Constituted under the Banking Companies, ] (Acquisition and Transfer of Undertaking) Act ] V of 1970, having their Head…
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