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Commercial Suit

BANK OF INDIAVsM/s. Wagh Tours and Travels +1 more

CNR MHCC01006186201820-COURT 20 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 29th February 2020

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100317/2020
Registration Date
12 Jul 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-08-2018
    Business: None Present for the Plff.
    Issue writ of summons to Deft.
    Adj. For Service affidavit on 05/10/2018.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-10-2018
    
    Date: 05-10-2018
    Business: Adv. Jaitali Mathuria Present for the Plff.
    Ld counsel for the Plff filed application for extension time for service writ of summons. t.o.r. Allowed.
    Adj. For Service affidavit of writ of summons on 22/02/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-02-2019
    
    Date: 22-02-2019
    Business: Adv. Ms. Astha Dube Present for the Plff.
    None Present for the Deft.
    Ld counsel for the Plff filed original writ of summons. Ex.03.
    Ld counsel for the Plff filed service affidavit. t.o.r. Ex.04.
    As per the service affidavit deft served by RPAD as per postal acknowledgement. When called deft no. 1 and 2  absent. Hence suit proceeded Ex-parte against deft no. 1 and 2.
    Adj. For Ex-parte Evidence on 16/04/2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: Adv. Ms. Harshika Makwan Present for the Plff.
    None Present for the deft. no. 1 and 2 Proceeded Ex-parte.
    Ld counsel for the plff filed chief in affidavit of PW1. .t.o.r.
    Ld counsel for the plff file compilation of the document. t.o.r.
    PW1 Present. Chief Examination Recorded following documents proved. No cross-examination offered. Witness discharge.
    Particular
    Letter of authority dt. 16/04/2019.
    Letter of sanction dt. 21/04/2014.
    Demand promissory note for Rs.5,60,000/- dt.22/04/2014.
    Bearer letter dt.22/04/2014.
    Loan installment letter dt.22/04/2014.
    Non-Relationship Declaration dt. 22/04/2014.
    Hypothecation cum loan agreement dt.22/04/2014.
    Composite agreement dt.22/04/2014.
    Certificate of registration dt.08/05/2014.
    Acknowledgement of debate dt. 27/01/2017.
    Advocates notice dt. 21/02/2018 alongwith acknowledgement cards received from postal authorities.
    Statement of accounts alongwith certificate.
    Ld counsel for the plff filed evidence closure pursis. t.o.r.
    Adj. for Ex-parte argument on 06/06/2019.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-06-2019
    
    Date: 06-06-2019
    Business: Adv. Hasika Makhwani for plaintiff present.
    On the request of Ld. Counsel hearing is adjourned.
    Matter adjd for argument on 12.07.2019.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-07-2019
    
    Date: 12-07-2019
    Business: Adv. Shinde for plaintiff present.
    Suit proceeded exparte against D-1 and 2.
    Argument heard on behalf of plaintiff.
    Matter adjd for exparte Judgment on 09/08/2019.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Today PO is on leave (2nd Session), hence adjourned.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: Adv. Harshika Makhwana plaintiff present.
    Suit proceeded exparte against defendant.
    Matter adjd for exparte Judgment on 30/09/2019.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: H.H.J. is on Leave
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: Adv. Anant Shinde for plaintiff present.
    Suit proceeded exparte.
    As Court is busy in R/E and NM hearing this matter is adjourned.
    Matter adjd for exparte Judgment on 19/11/2019.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    Business: PO is on leave. Hence adjourned on next date.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: HHJ IS ON TRANING AT UTTAN
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Adv. Prashant Shinde for plaintiff present.
    Today the matter is for ex-parte Judgment. Due to change of assignment, matter is kept for Ex-parte Re-Argument.
    Kb
    Court is busy in other matters. Hence matter is adjourned for         Ex-parte Re-argument.
    Matter adjd for Ex-parte Re-argument on  25/02/2020 at 11.00 am
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Adv. Atul Gupta for plaintiff present.
    None for defendant.
    KB. L.O. at 11.53 pm.
    Heard Ld Adv for plaintiff.
    Matter adjd for Exparte judgment to 28-02-2020 at 2.45 pm.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: None present.
    Court busy in other matter.
    Matter adjd for exparte judgment to 29-02-2020 at 2.45 pm.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: None present.
    F.R.S.R. following order is passed.
    ORDER
    The Suit is decreed with costs as under-
    1. The Defendant no. 1 and 2 jointly and severally to pay to the plaintiff amount of Rs.4,06,700.17/- (Four Lacs Six Thousand Seven Hundred and Seventeen Paise Only) with interest at the rate of 10.95 percent per annum with monthly rest from the date of filing the suit i.e. 05/05/2018 till it\''s full realisation.
    2. Plaintiff bank is entitled to sell hypothecated Four wheeler (Car) Maruti Swift Dzire bearing registration No. MH-03-BC-1503 as per law to recover the decreetal amount.
    3. Decree be drawn-up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 29-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 106722/2018
    Filing Date: 05-05-2018
    First Hearing Date: 06th August 2018
    Decision Date: 29th February 2020
    Court Number And Judge: 20-COURT 20 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    29 Feb 2020

    Order Details: Copy of Judgment Pdf Text: MHCC010061862018 Presented on 05.05.2018 Registered on 21.07.2018 Decided on 29.02.2020 Duration Yrs. M. Days 01 09 24 CNR No. EXH. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SHORT CAUSE SUIT NO.1733 OF 2018 COMMERCIAL SUIT NO.317 OF 2020 BANK OF INDIA, a Bank, a body Corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act V of 1970, having their Head Office at Star House, C-5, G-Block, Bandra Kurla Complex,…

    Read Full Order
    Order 1Full order available
    29 Feb 2020

    Order Details: Copy of Judgment Pdf Text: MHCC010061862018 Presented on 05.05.2018 Registered on 21.07.2018 Decided on 29.02.2020 Duration Yrs. M. Days 01 09 24 CNR No. EXH. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SHORT CAUSE SUIT NO.1733 OF 2018 COMMERCIAL SUIT NO.317 OF 2020 BANK OF INDIA, a Bank, a body Corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act V of 1970, having their Head Office at Star House, C-5, G-Block, Bandra Kurla Complex,…

    Read Full Order

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