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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

1

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Canara Bank

    Respondent

    1. 1Mr. Deepak Surve

    Acts & Sections

    1
    Protection 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: 26-03-2021

    Additional 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

    2
    Final 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 )…

    Read Full Order
    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 )…

    Read Full Order

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