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Commercial Suit

Bank of MaharshtraVsGanesh Bandu Hire

CNR MHCC01006240201814-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
100358/2021
Registration Date
28 Aug 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: 22-10-2019
    Business: None present.
    Adjd. for report to 27.02.2020.
    Next Purpose: REPORT
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Joshi for plff. Present.
    Adv. For deft. Absent.
    Plaint
    Vakalatnama
    Memorandum of address
    List of document
    Adv. For the plff. Filed affidavit of service. Exh-5 Order- Seen and filed.
    Ex-parte order passed below exh-1
    Order- defendant duely served with suit summons but failed to appear. Hence, suit to proceed exparte against the defendant.
    Matter is adjd to 20.03.2020 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: As per Corona Virus Circular dated on 16.03.2020.
    Hence matter is adjd to 16.06.2020 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: National Lock down
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 18/01/2021 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: Court is on Leave.
    Matter is adjd to 06.03.2021 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Sachin Joshi for the plff. Present.
    Matter is adjd to 29.04.2021 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 14/06/2021 for Exparte Evidence
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: None present for plaintiff.
    None present for defendant.
    Due to rise in Covid cases, matter is adjd to 05.07.2021 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: None present for plaintiff.
    None present for defendant.
    Due to rise in Covid cases, Adjd to 06.08.2021 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: P.O. is on leave, hence adjd to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: None present.
    The matter is adjd for ex-parte evidence to 07.09.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Adv. R.P Shirole for plaintiff present.
    On oral request matter is adjd. for ex-parte evidence.
    The matter is adjd for ex-parte evidence  to 05.10.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: None present.
    The matter is adjd for ex-parte evidence to 28.10.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    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 24.11.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Adv. Sachin Joshi for plaintiff present.  He sought time to adduce evidence.  Time as prayed for is granted.
    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.
    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.11 -  Statement of account filed by Adv. For plaintiff.
    T.O.R.
    Exh.12 - 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.
    Exh13 - 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.9,68,305/-    (Rs. Nine Lacs, Sixty Eight Thousand, Three Hundred and Five only)alongwith interest at the rate of 9.6 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: 106768/2018
    Filing Date: 05-05-2018
    First Hearing Date: 22nd October 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 MHCC010062402018 Presented on : 05-05-2018 Registered on : 28-08-2019 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.358 OF 2021 (SUMMARY SUIT NO.851 OF 2019) Ex.13 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 MHCC010062402018 Presented on : 05-05-2018 Registered on : 28-08-2019 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.358 OF 2021 (SUMMARY SUIT NO.851 OF 2019) Ex.13 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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