Order Details: Ex-parte Judgement Pdf Text: Comm.Suit No. 251/2021. 1 Ex-parte Judgment. MHCC010070622018 Presented on : 13-06-2018 Registered on : 16-07-2018 Decided on : 26-03-2021 Duration : 2 years, 9 months, 13 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 251 OF 2021 Exh.20. Canara Bank, a Banking Company, ) constituted and functioning under the ) provisions of the Banking Companies ) (Acquisition and Transfer of Undertakings ) Act, 1970, having their Central Office at )…
Commercial Suit
Canara BankVsMr. Deepak Surve
CNR MHCC01007062201831-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 26th March 2021
TrustJury record updated 13 Sept 2026
Case Overview
- Registration Number
- 100251/2021
- Registration Date
- 16 Jul 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 06-08-2018
Business: Adv. Sule Present for the Plff.
Issue writ of summons to Deft.
Adj. For Service affidavit on 08/10/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-10-2018
Date: 08-10-2018
Business: Adv. Ms. Vora Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff filed Service affidavit. t.o.r.
As per service affidavit deft served by RPAD as per the postal acknowledgement placed on record. When called deft absent. Hence suit proceeded Ex-parte against deft.
Adj. For Ex-parte Evidence on 13/12/2018.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-12-2018
Date: 13-12-2018
Business: Adv. Putran Present for the Plff.
None Present for the deft. Proceeded Ex-parte.
On the oral request of the Ld counsel for the Plff. Adj. Granted.
Adj. For Ex-parte Evidence on 06/02/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Adv.Ms.Amrin Vora for plaintiff present.
Defendant proceeded ex-parte.
ld. counsel for plaintiff sought time for tendering ex-parte evidence. Matter kept for ex-parte evidence on 02.04.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-04-2019
Date: 02-04-2019
Business: Adv. Ms. Putaran Present for the Plff.
None Present for the deft. Proceeded Ex-parte.
On the oral request of the Ld counsel for the plff adj. Granted.
Adj. For Ex-parte Evidence on 05/08/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Adv.Putran for plaintiff present.
Adjd.for Exparte evidence on 23.09.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: Adv. Sule for the plaintiff present.
Suit proceeded exparte.
PW-01 is present.
Exh.3 Evidence affidavit of PW-01 Nishant Sinha. TOR.
Exh.4 List of documents. TOR.
Matter adjd for exparte R/E on 20/11/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: H.H.J. is on training
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: PW-1 present.
Adv. Jyostana Putran for plaintiff present.
None for defendant.
Suit is already proceeded ex-parte.
PW-1 is present. He is having original power of attorney. Heard Ld Adv for plff. Keep for order on admissibility of documents.
Matter adjd for order on admissibility of documents to 05-03-2020 at 11.00 pm.
Next Purpose: ORDER
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv. Jyotsna Putran for plaintiff present.
Nishant Sinnha - PW-1 present.
None for defendant.
KB L.O. at 5.09 pm.
Court busy in judgment in Commercial suit no. 330/2020.
Matter adjd for order on admissibility of plaintiff document to 18-03-2020 at 11.00 am.
Next Purpose: ORDER
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Both parties are their advs are absent.
Adjourned for evidence to 27.03.2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdwon due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Adv. Sule for plaintiff present.
None for defendant.
Perused affidavit of evidence of the plaintiff - Exh. 3
Exh. 4 - List of Documents.
Exh. 5 - Powe3r of Attorney dtd. 24-04-2018.
Exh. 6 - Loan Application dtd. 18-06-2015.
Exh. 7 - Loan Application Interview Cum Appraisal Form for Transport Operators dtd. 24Th June, 2015.
Exh. 8 - Sanction Letter dtd. 24Th June, 2015.
Exh. 9 - Letter of Standing Instruction.
Exh. 10- Letter of Undertaking re-Loan/Advance dtd. 24Th June, 2015.
Exh. 11 - Deed of Hypothecation Re-Vehicle dtd. 24Th June, 2015
Exh. 12 - The plaintiff adv. Notice dtd. 23-05-2018.
Exh. 13 - Postal Receipt.
Exh. 14 - R. C. Copy.
Exh. 15 - Invoice dtd. 12-06-2015 issued by dealer.
Exh. 16 - Passbook Bank of India
Exh. 17 - Statement of Account.
Exh. 18 - L.T. Certificate.
Exh. 19- pursis.
Matter is adjd.to 29-01-2021 for argument (ex-parte)
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Anu Naik for plaintiff, prayed for adjournment.
None for defendant
Matter is adjd.to 26-02-2021 for arguments.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: None for plaintiff and defendant.
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The Commercial Court.
Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 26.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv. Mr. Vaibhav Kamble a/w Adv. Jyotsna Putharan for plaintiff present.
None for defendant.
Heard argument of adv. Ms. Jyotsna Putharan for plff.
Exh.20- Judgment.
Judgment dictated and pronounced in open court.
F.R.S.R the following order is passed.
ORDER
1. Suit is decreed with cost.
2. Defendant shall pay the amount of Rs.5,63,949.04/- (Rupees Five Lakh Sixty Three Thousand Nine Hundred Forty Nine and Paise Four Only) with interest @ 11.7 percent p.a. from the date of suit till realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 26-03-2021Additional Case Details
Additional Case Details
Filing Number: 107775/2018 Filing Date: 13-06-2018 First Hearing Date: 06th August 2018 Decision Date: 26th March 2021 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
26 Mar 2021
Order 1Full order available
26 Mar 2021
Order Details: Ex-parte Judgement Pdf Text: Comm.Suit No. 251/2021. 1 Ex-parte Judgment. MHCC010070622018 Presented on : 13-06-2018 Registered on : 16-07-2018 Decided on : 26-03-2021 Duration : 2 years, 9 months, 13 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 251 OF 2021 Exh.20. Canara Bank, a Banking Company, ) constituted and functioning under the ) provisions of the Banking Companies ) (Acquisition and Transfer of Undertakings ) Act, 1970, having their Central Office at )…
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