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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

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection 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: 18-07-2023

    Additional 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

    2
    Final 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…

    Read Full Order
    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…

    Read Full Order

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