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Commercial Suit

Canara BankVsM/s. Shree S. H. Tours and Travels

CNR MHCC01006770201814-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 10th June 2024

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100948/2021
Registration Date
01 Nov 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 27-11-2018
    Business: Both the parties and adv absent.
    Issue writ of summons.
    Matter adjd to 4.2.2018 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-02-2019
    
    Date: 04-02-2019
    Business: Adv. Priya Nigvekar for pltff  present.
    Adv. for deft. absent.
    Matter adjd to 4.4.2019 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-04-2019
    
    Date: 04-04-2019
    Business: Adv. ms. Priya Nigwekar for Plaintiff present.
    None for Defendant present.
    Exh.1- Plaint.
    Exh.2 Vakalatnama.
    Exh.3- Address Memo.
    Exh.4- List of documents.
    Exh.5- Application filed by plff for issues fresh writ of summons.
    Matter is adjd.for on 18.07.2019.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-07-2019
    
    Date: 18-07-2019
    Business: Court is on Leave
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: Adv. ms. Vasima Kazi for plaintiff present.
    None for defendant present.
    Matter is adjd. for writ of summons on 20.01.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Advocate Wasima Kazi for plaintiff is present and requested short adjournment. Request is allowed.
    None present for defendant.
    Adjourned for writ of summons to 13.02.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Advocate for plaintiff is present and filed draft C/S. Leave is granted to register.
    None present for defendant.
    Adjourned for filing reply on C/S to 16.03.2020.
                                                                                   Judge
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Adv Vasima Kazi for plaintiff present.
    None for defendant.
    Ld Adv for plaintiff tendered registered original Chamber summons no. 438 of 2020 along with affidavit t.o.r.
    matter adjd for CS hearing to 09-04-2020 at 2.45 pm.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Adv. Wasima Kazi h/f Adv. Lakdawala for plaintiff present.
    Adjd for CS hearing to 04/03/2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Adv. Vasima Kazi  for plaintiff present.
    Adv. Yasmin Sarang for defendant No.1 present.
    FRSR FOLLOWING ORDER PASSED IN chamber summons No. 438/2020
    ORDER
    1. The Chamber summons  is allowed.
    2. Plaintiff is allowed to add additional
        address of the defendant in the title
        clause of the plaint.
    3. Plaintiff to carryout amendment
        within limitation.
    4. Issue writ of summons to the
        defendant at the new address of the
        defendant.
    5. Accordingly, chamber summons is
        disposed of.
    Adjd for taking steps to 03/07/2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Business: As Holiday declared on Saturday as per office circular 81/2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    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: 10-08-2021
    
    Date: 10-08-2021
    Business: None present.
    The matter is adjd for steps to 18.09.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: None present.
    The matter is adjd for steps to 20.10.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Adv. Mariyam h/f. Adv. Fatima Lakdawala for plaintiff present.  She sought time for service of writ of summons to deft.  Time as prayed for is granted.
    The matter is adjd for service to 17.11.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Adv. Akanksha Bendre for plaintiff present. She prayed for extension of time to serve writ of summons.
    O.- Extension of time to serve writ of summons is granted.
    The matter is adjd for affidavit of service to 18.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Adv. Snepy Ambavat for plaintiff present.  She prayed for extension of time for service of summons.  O. - Extension of time for service of summons is granted.
    The matter is adjd for affidavit of service to 28.01.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Adv. Sweta Jalgaonkar for plaintiff present. She prayed for extension of time for service of summons.
    O. - Extension of time for service of summons is granted.
    None for deft.
    In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for Affidavit of Service to 07.03.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: None present.
    The matter is adjd for filing service affidavit to 08.04.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv. Divya Myana for plaintiff present.  She prayed for extension of time for service of summons to defendant.
    O. - Extension of time for service of summons to defendant is granted.
    The matter is adjd for affidavit of service to 14.06.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: Adv. Kazi h/f. Adv. Fatima Lakdawala for plaintiff present.  She sought extension of time for service of writ of summons to defendant.
    O. - Extension of time for service of writ of summons to defendant is granted.
    The matter is adjd for affidavit of service to 15.07.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: Adv. Vasima Kazi for plaintiff present.
    None for defendant.
    She prayed for extension of time for service of writ of summons
    O- Extension of time for service of writ of summons is granted.
    The matter is adjd for service to 12-08-2022
    Next Purpose: SERVICE
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv. Vasima Kazi for plaintiff present.  She sought time for filing service affidavit.  Time as prayed for is granted.
    The matter is adjd for service to 24.08.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Adv. Shaikh T. h/f. Adv. Fatima Lakdawala for plaintiff present.  He sought time for filing service affidavit.  Time as prayed for is granted.
    The matter is adjd for affidavit of service to 29.09.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: CORAM - H.H.J. SHRI N. P. TRIBHUVAN, JUDGE, CITY CIVIL COURT (C. R. NO. 32)
    (Matter pertains to Court No.14.)
    Adv. Vasima Kazi Present for Plff.
    None Present for Deft.
    Ex.07 - Adv of plff has filed service affidavit along the copy of paper publication. It shows that suit summons of deft publish in newspaper Business Standard and Maharashtra Pudhari dt. 10/08/2022.
    However there is no such order of this Court to serve suit summons on deft by way of paper publication. Hence it can not be said that deft served with suit summons.
    Adj. For Steps on 04/11/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
    (COURT ROOM NO. 31)
    Matter pertains to C.R. No. 14
    Adv. Wasima Kazi for plaintiff present.
    Affidavit of service filed by adv. for plaintiff t.o.r. and marked as Exh.  8 O- Seen.
    Adjd for passing order to 14/12/2022
    Next Purpose: ORDER
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
    (COURT ROOM NO. 31)
    Matter pertains to C. R no. 14
    Adv. Wasima Kazi for plaintiff present.
    As per affidavit of service Exh.8 writ of summons is duly served to defendant. Defendant refused to accept the writ of summons as per postal remark on packet. Defendant is absent when called. None for defendant.
    Hence suit to proceed exparte against defendant.
    Adjd for exparte evidence to 12/01/2023
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: The Court is Vacant. Hence, Matter is adjourned.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: The court is vacant.Hence, matter is adjd.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Court is vacant. Matter adjd to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: As court is vacant. Hence, matter is adjd to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: As court is vacant. Hence, matter is adjd to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: Matter received from C.R.No.14.
    None present for plaintiff.
    From the record it appears that roznamas from 03.06.2021
    to 26.07.2021 are not pasted by the staff of concerned
    Court before being finally transferred to this Court.
    Matter is adj for ex-parte evidence to 22/08/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: Adv. Tejas Shinde h/f Adv. Fatima Lakhdawala for plaintiff is present.
    Witness PW-1 is absent.
    Matter is adj for ex-parte evidence to 27/09/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-09-2023
    
    Date: 27-09-2023
    Business: Court is on leave. Hence adjd. to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: Adv. Bushra Shaikh h/f Adv. Lakadawala for plff present and orally prayed for keep back the matter.
    Later on at 3.00pm.
    Same appearance for plff. and she submitted that the authorized officer of the plaintiff bank has changed and steps for substitution shall be taken on the next date.
    Adjd. to 19.12.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: None present.
    Matter is adj. for steps to 05/01/2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-01-2024
    
    Date: 05-01-2024
    Business: Adv. Bushra Shaikh h/f. Adv. Fatima Lakadawala For plaintiff present. On oral request for taking steps for substitution of authorized representative. Hence, matter is adjourned.
    Matter stands Adj for Steps to 14.02.2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: None present.
    KB
    LO at 1.26 pm
    None present.
    Matter stands Adj for Steps on 22/03/2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-03-2024
    
    Date: 22-03-2024
    Business: Adv Bushra Shaikh for plaintiff present.
    On oral request last chance is granted for taking steps subject to payment of cost of Rs. 500/- paid to DLSA, Mumbai.
    Matter stands Adj for Taking Steps on 20/04/2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: Adv Heena Maniyar for plaintiff present.
    KB
    L.O. at 2.50 p.m.
    Adv Heena Maniyar for plaintiff present.
    The Ld. Adv for plaintiff filed the pursis t.o.r. Exh. 9.
    It is submitted that the plaintiff has paid the cost of Rs. 500/- to DLSA, Mumbai. The pursis supported with reciept of Rs. 500/-.
    Again the Ld. Adv for plaintiff for seeking the time  for taking a steps for substitution of authorised representative. Already cost of Rs. 500/- was imposed upon the plaintiff on last date, however today again time is sought for taking steps. Hence cost of Rs. 1000/- is impose upon the plaintiff with direction to steps on next date, else appropriate order will be passed.
    Matter stands Adj for taking steps on 10.06.2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-06-2024
    
    Date: 10-06-2024
    Business: None present.
    KB
    LO at 1.07 pm
    None present for plaintiff.
    LO at 4.41 pm
    None present for plaintiff when called repeatedly.
    As per roznama dated 20/04/2024, it reveals that cost of Rs. 1000/- imposed upon the plaintiff for taking necessary steps.  However nothing on record to substantiate that the plaintiff has complied with the order.  Today none appeared for plaintiff when called.  Hence the suit stands dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 10-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 107447/2018
    Filing Date: 07-06-2018
    First Hearing Date: 27th November 2018
    Decision Date: 10th June 2024
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    10 Jun 2024
    Order Details: Other
    Pdf Text: 10.06.2024
    26
    CORAM : H. H. J. Shri. V. D. KEDAR,
    JUDGE (C. R. No. 14)
    Com Suit 948/2021 None present.
    KB
    LO at 1.07 pm
    None present for plaintiff.
    LO at 4.41 pm
    None present for plaintiff when called repeatedly.
    As per roznama dated 20/04/2024, it reveals that cost of Rs.
    1000/- imposed upon the plaintiff for taking necessary steps.
    However nothing on record to substantiate that the plaintiff
    has complied with the order. Today none appeared for
    plaintiff when called. Hence the suit stands dismissed in
    default.
    Judge
    -- 1 of 1 --
    Order 1
    10 Jun 2024
    Order Details: Other
    Pdf Text: 10.06.2024
    26
    CORAM : H. H. J. Shri. V. D. KEDAR,
    JUDGE (C. R. No. 14)
    Com Suit 948/2021 None present.
    KB
    LO at 1.07 pm
    None present for plaintiff.
    LO at 4.41 pm
    None present for plaintiff when called repeatedly.
    As per roznama dated 20/04/2024, it reveals that cost of Rs.
    1000/- imposed upon the plaintiff for taking necessary steps.
    However nothing on record to substantiate that the plaintiff
    has complied with the order. Today none appeared for
    plaintiff when called. Hence the suit stands dismissed in
    default.
    Judge
    -- 1 of 1 --

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