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Commercial Suit

Canara BankVsMr. Suresh Moolchand Pal

CNR MHCC01007189201831-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 12th March 2020

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100238/2020
Registration Date
01 Aug 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 26 · Order IV

    Case History / Proceedings

    Case History
    Date: 23-08-2018
    Business: Adv. Monika for pltff  present.
    Adv. for deft. absent.
    Issue writ of summons.
    Matter adjd to 26.10.2018 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 26-10-2018
    
    Date: 26-10-2018
    Business: Both the parties and adv absent.
    L.O.
    Adv. Akar Rziavi for pltff.
    Exh.1 - Plaint
    Exh. 2 - Vakalatnama
    Exh. 3- Address memo
    Exh. 4- List of document.
    Exh. 5- Affidavit of service a/w original writ of summons filed by the pltff.
    It shows that the person is not known as per the endorsement on returned envelope.  Service is not proper.
    Draft ch/s.  tendered by the pltff.
    Order- Leave is granted for registration.
    K.B.
    L.O.
    Ch/s. 1967 tendered by pltff.
    Heard.
    Order in chamber summons 1967/18 (Uncontested)
    Ch/s. no. 1967/2018 is allowed in terms of prayer clause (A) that pltff to serve the writ of summons upon the defendant by way of paper publication in two local news papers, namely,Free press Journal and Navshakti.
    Matter adjd to  16.1.2018 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-01-2019
    
    Date: 16-01-2019
    Business: Adv. Babita Keshrwani for pltff  present.
    Adv. for deft. absent.
    Exh. 6 -Affidavit of service tendered by pltff.
    According to it deft served by paper publication.  They are absent. Proceeded exparte.
    Matter adjd to 19.3.2019 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Adv. Mr. Vivek Dube for Plaintiff present, requested for adjd.
    None for Defendant present.
    Matter is adjd.for R/E(P.H.) on 03.07.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Court is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Adv. Ms. Sandhya Tirmare for plaintiff present.
    Adv. for defendant present.
    Mr. Yadvendra Kumar Ujagar, officer of the plff bank.
    Exh.7-Affidavit of evidence of PW-1 Mr.YadvendrakumarUjagar.
    Exh.8- Compilation of documents.
    Order below Exh.8.
    In view of evidence affidavit of PW-1, following documents are exhibited.
    Exh.9- Authority letter.
    Exh.10- Loan application.
    Exh.11- Sanction memorandum.
    Exh.12- Deed of Hypothecation.
    Exh.13- Letter of undertaking.
    Exh.14- Confirmation letter for creating vehicle hypothecation.
    Exh.15- Certificate of loan papers obtained.
    Exh.16- Office copy of adv. letters.
    Exh.17- Original A/D card.
    Exh.18- Statement of account of the deft.
    Exh.19- Particulars of claim.
    Matter is adjd. for R/E on 03.12.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: Court is on Leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Advocate Akbar Rizavi for plaintiff is present and filed evidence closed pursis at Exh. 20.
    None present for defendant.
    Adjourned for arguments to 28.02.2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Advocate Mr. Mishra for plaintiff is present.
    None for defendant.
    Heard argument of  the  plaintiff\''s advocate.
    Adjourned for Exparte Judgment on 07/03/2020.
                                                                                   Judge
    Next Purpose: JUDGMENT
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Court is on leave.
    Next Purpose: JUDGMENT
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Advocate for plaintiff is present.
    F.R.S.R the following order is passed on -
    Order
    1. The suit of the plaintiff is hereby decreed with costs.
    2. The defendant shall pay amount of Rs.4,34,009.54 to the plaintiff bank alongwith further interest 9 percent p.a. from the date of filing of the suit till realization of entire decreetal amount.
    3. Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 12-03-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 107914/2018
    Filing Date: 15-06-2018
    First Hearing Date: 23rd August 2018
    Decision Date: 12th March 2020
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    12 Mar 2020

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010071892018 Lodged on : 15/06/2018 Registered on : 01/08/2018 Decided on: 12/03/2020 Duration : 01:Y 07:M 12:D IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY COMMERCIAL SUIT NO.238 OF 2020 S.C. SUIT NO. 1974 OF 2018 Canara bank, a Body Corporate constituted ) Under the Banking Companies (Acquisition & ) Transfer of Undertakings) Act, 1970, having ) Its Head Office at 112, J.C.Road, Bangalore- ) 560 002, and one the branch office…

    Read Full Order
    Order 1Full order available
    12 Mar 2020

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010071892018 Lodged on : 15/06/2018 Registered on : 01/08/2018 Decided on: 12/03/2020 Duration : 01:Y 07:M 12:D IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY COMMERCIAL SUIT NO.238 OF 2020 S.C. SUIT NO. 1974 OF 2018 Canara bank, a Body Corporate constituted ) Under the Banking Companies (Acquisition & ) Transfer of Undertakings) Act, 1970, having ) Its Head Office at 112, J.C.Road, Bangalore- ) 560 002, and one the branch office…

    Read Full Order

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