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NOTICE OF MOTION

State Bank of IndiaVsMs Carona Ltd

CNR MHCC0100652220191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 09th December 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102364/2019
Registration Date
28 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1Ms Carona Ltd

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-09-2019
    Business: P.O. is on Leave.
    Next Purpose: N/M FOR SET ASIDE
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: Adv for plaintiff Ms.Fatima present.
    None for the defendant.
    Adv for plaintiff tendered registered N/M 2364/19.
    Adv for plaintiff submit affidavit of service as unserved.
    Adv for plff.stated that they will serve notice by paper publication.
    O-N/M be served by paper publication.
    Matter is Adjd for Affidavit of Service N/M to 13.12.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: P.O. is on Leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Adv for plaintiff Mr.Pooja Goria present.
    None for the defendant.
    Adv for plff requested for adjournment. O-Granted.
    Matter is Adjd for Affidavit of Service of N/M to 28.03.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-03-2020
    
    Date: 28-03-2020
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Business: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: National Lockdown
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-07-2020
    
    Date: 31-07-2020
    Business: LOCKDOWN
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Business: Due to National Lockdown (Covid-19) matter adjd to 15.12.2020
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None present.
    Matter is Adjd for Affidavit of Service to 22.02.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: P.O. is on online 40 hrs. mediation training programme as a trainer form MCPC scheduled to be held from 15.2.21 to 22.2.2021
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: Adv. Sukhada Patil for plaintiff is present.
    None for defendant.
    On oral request of Adv.for the plaintiff matter adjourned for steps/affidavit of service.
    Matter adjd for steps 19.07.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Matter received from C.R.No.14.
    None present
    Keep the NM for dismissal to 09/12/2021
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Adv.Fatima Lakdawa for the plaintiff present.
    Heard.
    Order below NM 2364/19
    Perused the NM which is supported by an affidavit.
    As per order dtd. 5/2/2018 the suit was infact proceeded exparte. On 19/01/2019 the suit was dismissed in default.  In support of this NM Asstt. General Manager of SBI Mr. Gautam Basu has filed an affidavit.  In my opinion satisfactory reasons are explained in paras no.6 to 14 for considering this NM.
    Even otherwise it is the trite law that for any mistake or omission by an advocate the litigant should not suffer.  The plaintiff herein is the large public sector undertaking bank and the suit is for recovery of public money.  Hence in the interest of justice I pass the following order.
    NM no. 2364/19 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to the plaintiff paying costs of Rs.1000/- to DLSA , Mumbai within a period of two weeks from today. NM is disposed off accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 09-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 106838/2019
    Filing Date: 28-06-2019
    First Hearing Date: 16th September 2019
    Decision Date: 09th December 2021
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    09 Dec 2021
    Order Details: Notice of Motion
    Pdf Text: 52 09.12.2021
    NM 2364/19
    in Disp. Of
    SU 7789/01
    CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL
    COURT,GR.MUMBAI (C.R.NO.1)
    Adv.Fatima Lakdawa for the plaintiff present.
    Heard.
    Order below NM 2364/19
    Perused the NM which is supported by an affidavit.
    As per order dtd. 5/2/2018 the suit was infact proceeded
    exparte. On 19/01/2019 the suit was dismissed in default. In
    support of this NM Asstt. General Manager of SBI Mr. Gautam
    Basu has filed an affidavit. In my opinion satisfactory reasons
    are explained in paras no.6 to 14 for considering this NM.
    Even otherwise it is the trite law that for any mistake or omission
    by an advocate the litigant should not suffer. The plaintiff herein
    is the large public sector undertaking bank and the suit is for
    recovery of public money. Hence in the interest of justice I pass
    the following order.
    NM no. 2364/19 is allowed and made absolute in terms of
    prayer clauses (a) and (b) subject to the plaintiff paying
    costs of Rs.1000/ to DLSA , Mumbai within a period of two
    weeks from today. NM is disposed off accordingly.
    Judge
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