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Commercial Suit

BANK OF BARODAVsShekhar Harishchandra Gawane +1 more

CNR MHCC01006738201832-
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 13th February 2020

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100179/2020
Registration Date
18 Jun 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 9

    Case History / Proceedings

    Case History
    Date: 09-07-2018
    Business: Adv. Archana Sanap for plaintiff present.
    Defendant and advocate absent.
    Matter is adj for filing service affidavit on 07/10/18.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-10-2018
    
    Date: 07-10-2018
    Business: Matter is adj for filing service affidavit on 08/10/18.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-10-2018
    
    Date: 08-10-2018
    Business: Adv. Vidya Sonawane for plaintiff present.
    Exh-1 Plaint
    Exh-2 Vakalatnama
    Exh-3 Memorandum of register address
    Exh-4 List of documents.
    Exh-5(Colly) Adv. Vidya Sonawane for plaintiff tendered affidavit of service along with original writ of summons.
    Matter is adj for passing order against defendant on 19/12/18.
    Next Purpose: ORDER
    Next Hearing Date: 19-12-2018
    
    Date: 19-12-2018
    Business: None present.
    Matter is adj for passing order against defendant on 16/02/19.
    Next Purpose: ORDER
    Next Hearing Date: 16-02-2019
    
    Date: 16-02-2019
    Business: Adv. Vidya Sonawane for plaintiff already tendered affidavit of service alongwith A/D receipt.
    Inspite of service defendant no.1 and 2 failed to appear before the court. Hence suit proceeded ex-parte against defendants.
    Matter adj for ex-parte evidence on 13/06/19.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Matter called out (12.02 pm)
    Exh-6 and 7 Adv.Nilesh Bamane for plaintiff tendered affidavit of evidence alongiwith the list of document.
    Defendant already proceeded ex-parte.
    Witness present.
    k.b
    Second time matter called out (03.15 pm)
    Exh-8 Photo copy of power of attorney.
    Exh-9 Certified copy of loan application dated 30/10/2010
    Exh-10 Certified copy of appraisal cum sanction memo dated 30/10/2010
    Exh-11 Original copy demand promissory note.
    Exh-12 Original letter of installment.
    Exh-13 Original agreement of hypothication.
    Exh-14 Original copy of general undertaking.
    Exh-15 Original copy of draft undertaking.
    Exh-16 Original copy of letter of authority.
    Exh-17 Original general form of guarantee
    Exh-18 Original letter of acknowledge of debt dated 23/10/2013
    Exh-19 Original letter of acknowledge of debt dated 15/12/2015
    Exh-20(Colly) Office copy of legal notice dated 13/03/2018 alongwith receipt and acknowledgment.
    Exh-21 (Colly) Statement of account alongwith the certificate.
    Matter adj for argument on 20/07/19.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-07-2019
    
    Date: 20-07-2019
    Business: Matter called out (11.44am)
    Adv.Nilesh Bamne for plaintiff present.
    Defendant ex-parte.
    Matter adj for argument on 20/09/19.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-09-2019
    
    Date: 20-09-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv.Nilesh Bamne for plaintiff present.
    Adv.for defendant absent.
    Matter adjd to 13.11.2019 for argument.
    Reason For Adjournment: court time is over
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv.Nilesh Bamne for plaintiff present.
    Adv.for defendant  absent.
    Matter adjd to 17.12.2019 for argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: None present.
    As court is busy in dictating order.
    Matter adjd to 13.02.2020 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv.Bamne for plaintiff present.
    Adv.for defendant absent.
    Heard, Ld. counsel for plaintiff.
    FRSR- Following order is passed -
    ORDER
    1) Suit is decreed with costs.
    2) Defendants do pay jointly and severally principal amount of      Rs. 4,84,772.61/- with interest @ 11.50 percent p.a. to the plaintiff till realization of entire amount within three months.
    3) It is hereby declared that the amounts mentioned in prayer clause (a) is duly secured by a valid and subsisting hypothecation of car/vehicle.
    4) Defendants their agents, servants, or any other person or persons claiming through or under them be restrained by an order of injunction from parting with possession, selling, disposing off, transferring, encumbering, letting out the said suit car or creating any 3rd party rights or interest.
    5) Necessary court fee stamp be refunded to the plaintiff if rule permits.
    6) Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 13-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 107416/2018
    Filing Date: 06-06-2018
    First Hearing Date: 09th July 2018
    Decision Date: 13th February 2020
    Court Number And Judge: 32-

    Orders

    2
    Final Order 1Full order available
    13 Feb 2020

    Order Details: Ex-parte Judgement Pdf Text: 1 Presented on :06/06/2018 Decided on :13/02/2020 Durationon :01Ys.08Ms.07Ds. CNR No.MHCC01-006738-2018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY S.C.SUIT NO.1489 OF 2018 IN COMMERCIAL SUIT NO.179 OF 2020 Bank of Baroda A Body Corporate consituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having their Corporate Office at G-26, G Block, Bandra-Kurla Complex, Bandra(E), Mumbai-400 051 and having its Head Office at Mandvi, Baroda and its C.P.Tank Branch at 6/10…

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    Order 1Full order available
    13 Feb 2020

    Order Details: Ex-parte Judgement Pdf Text: 1 Presented on :06/06/2018 Decided on :13/02/2020 Durationon :01Ys.08Ms.07Ds. CNR No.MHCC01-006738-2018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY S.C.SUIT NO.1489 OF 2018 IN COMMERCIAL SUIT NO.179 OF 2020 Bank of Baroda A Body Corporate consituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having their Corporate Office at G-26, G Block, Bandra-Kurla Complex, Bandra(E), Mumbai-400 051 and having its Head Office at Mandvi, Baroda and its C.P.Tank Branch at 6/10…

    Read Full Order

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