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Commercial Suit

Canara BankVsMr. Amit Sunil Shejwal

CNR MHCC01007352201814-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 12th August 2021

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
100936/2021
Registration Date
01 Sept 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Canara Bank

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 24-09-2018
    Business: P. O is on mediation Training
    Next Purpose: DIRECTIONS
    Next Hearing Date: 16-01-2019
    
    Date: 16-01-2019
    Business: Adv. Sule Present for the Plff.
    None Present for the Deft.
    Ld counsel for the Plff filed service affidavit of writ of summons. t.o.r.
    Ld counsel for the Plff filed original writ of summons.
    as per service affidavit deft served by RPAD upon deft written by postal endorsement left. When called none appeared for the Deft. Hence suit proceeded Ex-parte Against deft.
    Adj. For Ex-parte Evidence on 15/03/2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-03-2019
    
    Date: 15-03-2019
    Business: Adv. Ms. Putaran Present for the Plff.
    None Present for the Deft.
    Ld counsel for the plff filed draft CS alongwith affidavit.
    Order- Heard. Leave Granted to register the CS for statistical purpose, as it is made absolute in terms of prayer clause-(a) for publishing the writ of summons upon deft for service in daily news paper Free Press Journal English and Navshakati Marathi having wide circulation in local area and also for pasting of writ of summons upon the notice board of this Court. No order as to costs. Service affidavit be filed.
    Adj. For service affidavit on 28/06/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: Adv. Pradip Sule for plaintiff present.
    Ld. counsel for plaintiff filed registered CS 612/19 (Already disposed off).
    Exh.4 Service affidavit filed by plaintiff. TOR.
    As per copies of new papers along with affidavit the writ of summons is duly served by way of publications.
    None appeared for defendant.
    Suit to proceeded ex-parte against defendant.
    Matter adjd for ex-parte R/E on 20/08/2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Adv. Putran for plaintiff present.
    Suit proceeded exparte.
    On the request of Ld. Counsel of plaintiff matter is adjourned.
    Matter adjd for R/E on 18/10/2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Adv. Putran for plaintiff present.
    Suit proceeded exparte.
    PW-01 is present.
    Exh.5 Evidence affidavit of PW-01 Nishant Sinha. TOR.
    Exh.6 List of documents. TOR.
    Matter adjd for R/E (PH) on 13/12/2019.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: H.H.J. is on training
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: H.H.J. is on leave
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: None present. Due to Covid-19.
    Matter adjd for Recording evidence(PH) on 10/11/2020.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: At. 11.45 am
    Adv. Sivoj Sulefor plaintiff present.
    Adjd for recording evidence PH to 06/04/2021
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: Court is vacant
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Business: None present for plaintiff.
    None present for defendant.
    Due to rise in Covid cases, Adjd to 15.07.2021 for R/E(PH).
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: As PO is on leave.  Matter is adjd to 27.07.2021 for RE/PH.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    The matter is adjd to 10.08.2021.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Adv. Jyotsna Putran for plaintiff present.
    From the evidence of PW-1 Nishant Sinha, following documents are proved, therefore, they are marked as exhibits.
    Exh.7 - Copy of power of attorney.
    Exh.8 and 9 - Loan application.
    Exh.10 -  Application by defendant dated 01.07.2015.
    Exh.11 -  Sanction letter.
    Exh.12 - Letter of undertaking.
    Exh.13 - Hypothecation deed.
    Exh.14 - Letter evidencing execution of documents.
    Exh.15 - Office copy of notice to defendants along with postal receipts.
    Exh.16 and 17 - Copy of RC and invoice.
    Exh.18 - Statement of account along with certificate.
    Exh.19 - Adv. For plaintiff filed evidence closing pursis.
    O. -  Filed.
    Heard arguments of Adv. For plaintiff.
    The matter is adjd for judgment to 12.08.2021.
    Next Purpose: JUDGMENT
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Adv. Jyotsna Putran for plaintiff present.
    Exh.20 - Judgment.
    F.R.S.R. following order is passed  -
    ORDER
    1.     Suit is partly decreed with costs.
    2.    Defendant shall pay the amount of Rs.6,07,214/-
    (Six Lakhs Seven Thousand Two Hundred Fourteen only) with interest at the rate of 11.7 percent p.a. from the date of the suit till it\''s realization within two months.
    3.      Decree thus follow.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 12-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 108093/2018
    Filing Date: 20-06-2018
    First Hearing Date: 24th September 2018
    Decision Date: 12th August 2021
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    12 Aug 2021

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010073522018 Presented on : 20-06-2018 Registered on : 01-09-2018 Decided on : 12-08-2021 Duration : One year, 11 months, 19 days. IN THE MUMBAI CITY CIVIL COURT AT GR. MUMBAI. COMMERCIAL SUIT NO.936 OF 2021 (SHORT CAUSE SUIT NO.2342 OF 2018) Presided Over by HHJ Shri. S. U. Hake Ex.20 CANARA BANK, a Banking Company,) constituted and functioning under the) provisions of the Banking Companies ) [Acquisition and Transfer of ) Undertakings Act,…

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    Order 1Full order available
    12 Aug 2021

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010073522018 Presented on : 20-06-2018 Registered on : 01-09-2018 Decided on : 12-08-2021 Duration : One year, 11 months, 19 days. IN THE MUMBAI CITY CIVIL COURT AT GR. MUMBAI. COMMERCIAL SUIT NO.936 OF 2021 (SHORT CAUSE SUIT NO.2342 OF 2018) Presided Over by HHJ Shri. S. U. Hake Ex.20 CANARA BANK, a Banking Company,) constituted and functioning under the) provisions of the Banking Companies ) [Acquisition and Transfer of ) Undertakings Act,…

    Read Full Order

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