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Commercial Suit

Bank Of MaharashtraVsLaxman Nandir Ray

CNR MHCC01006239201814-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 20th January 2022

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100369/2021
Registration Date
22 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 13-06-2019
    Business: Adv for plaintiff Ms.Mamata Paranjpe present
    Adv for plaintiff requested for fresh issuance of summons.
    O-Issue summons as prayed.
    Matter is Adjd for Affidavit of Service to 22/08/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Adv. Mamta Paradkar for plaintiff present.
    Exh. 1- Plaint
    Exh. 2- V/p
    Exh. 3- List of document
    Exh. 4- Memorandum of address.
    Exh. 5- Affidavit of service filed by plaintiff . t.o.r.
    Defts are served with suit summons through RPAD. Defts absent.
    Hence, suit to proceed exparte.
    Adjd. for exparte evidence to 18.11.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Adv. Sachin Joshi for plaintiff present.
    Defendant absent.
    Matter is adjd to 26.11.2019 for steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Plaintiff absent.
    Defendant absent.
    Matter is adjd to 12.12.2019 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: P.O. is on Training
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 26.03.2020 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: National Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 05.03.2021 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Sachin Joshi for the plff. Present.
    Matter is adjd to 03.05.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Business: due to Covid - 19 pandamic
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-07-2021
    
    Date: 10-07-2021
    Business: None present for plaintiff.
    None present for defendant.
    Due to rise in Covid cases, Adjd to 28.07.2021 taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    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 13.08.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: None present.
    The matter is adjd for ex-parte evidence to 30.09.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Adv. Sachin Joshi for plaintiff present.
    On oral request of Adv. For plaintiff, the matter is adjd for ex-parte evidence to 26.10.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Adv. Sachin Joshi for plaintiff present.  He sought time for adducing evidence.  Time as prayed for is granted.
    The matter is adjd for ex-parte evidence to 02.12.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: None present.
    The matter is adjd for ex-parte evidence to 15.12.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv. Sachin Joshi for plaintiff present.
    Exh.6 - Adv. For plaintiff filed evidence affidavit of PW-1 Jeevan Budhawale.
    Witness is present.  Contents in the affidavit are verified, read and recorded.
    Exh.7 - List of documents.  T.O.R.
    From the evidence of PW-1 Jeevan Budhawale, following documents are proved, therefore, they are exhibited.
    Exh.8 - Loan application.
    Exh.9 - Demand promissory note.
    Exh.10 - Hypothecation deed.
    Exh.11 colly. - Receipt of loan amount and account details.
    Exh.12 colly. - Letters of outstanding balance.
    The matter is adjd for further evidence to 23.12.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: Adv. Sachin Joshi for plaintiff present.
    Exh.13 -  Statement of account filed by Adv. For plaintiff.
    T.O.R.
    Exh.14 - Adv. For plaintiff filed evidence closing pursis.  T.O.R.
    The matter is adjd for arguments to 06.01.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: Adv. Sachin Joshi for plaintiff present.
    Heard arguments of Adv. For plaintiff.
    The matter is adjd for judgment to 13.01.2022.
    Next Purpose: JUDGMENT
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: None present.
    As the Court is busy in passing Judgment in suit Nos.389/21 and 390/21,  this matter is adjd to 20.01.2022 for judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: None present.
    Exh.15 - Judgment.
    F.R.S.R. following order is passed -
    ORDER
    1.     Suit is partly decreed with costs.
    2.   Defendant shall pay an amount of Rs. 8,55,893/-    (Rs. Eight Lacs, Fifty Five Thousand, Eight Hundred and Ninety Three only)alongwith interest at the rate of 9.25 percent  p.a. to plaintiff from the date of the suit till it\''s realization within two months.
    3.   Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
    4.   Decree thus follow.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 20-01-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 106767/2018
    Filing Date: 05-05-2018
    First Hearing Date: 13th June 2019
    Decision Date: 20th January 2022
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    20 Jan 2022

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010062392018 Presented on : 05-05-2018 Registered on : 22-03-2019 Decided on : 20-01-2022 Duration : Y M D 03 07 15 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by Sunil U. Hake) COMMERCIAL SUIT NO.369 OF 2021 (SUMMARY SUIT NO.452 OF 2019) Ex.15 Bank of Maharashtra, A Banking corporation constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act V of 1970 having its Head Office at…

    Read Full Order
    Order 1Full order available
    20 Jan 2022

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010062392018 Presented on : 05-05-2018 Registered on : 22-03-2019 Decided on : 20-01-2022 Duration : Y M D 03 07 15 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by Sunil U. Hake) COMMERCIAL SUIT NO.369 OF 2021 (SUMMARY SUIT NO.452 OF 2019) Ex.15 Bank of Maharashtra, A Banking corporation constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act V of 1970 having its Head Office at…

    Read Full Order

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