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Commercial Suit

Cancara BankVsAfsar Yaqoob Ahmed Shaikh

CNR MHCC01007355201820-COURT 20 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PARTLY DECREED
Decision Date: 05th March 2020

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
100330/2020
Registration Date
01 Sept 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    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 intimation given returned to sender. 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. Proceeded Ex-parte.
    Ld counsel for the plff filed chief in affidavit of PW1. t.o.r.
    Ld counsel for the plff filed compilation of the document .t.o.r.
    PW1 Present. Chief Examination Recorded following documents proved. No cross-examination offered. Witness discharge.
    Particular
    Power of attorney holder dt. 24/04/2018.
    Application form dt. 24/07/2015.
    Loan application and interview cum appraisal form for dt.30/07/2015.
    Letter of the deft for requesting for the loan dt.30/07/2015.
    Sanction letter dt. 30/07/2015.
    Letter of undertaking re loan / advance dt.30/07/2015
    Deed of Hypothecation Re-Vehicle dt.30/07/2015.
    Plaintiff advocate notice dt. 26/05/2018 and postal receipt and acknowledgement cared of the deft.
    RC copy and invoice dt.27/06/2015.
    Statement of account.
    IT Certificate.
    Adj. For Additional Evidence of Plff on 11/06/2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-06-2019
    
    Date: 11-06-2019
    Business: Adv Putran present for the Plff.
    None present for deft.
    Court is busy in dictating Judgement of POCSO Case No. 238/16.
    Adj to 20/08/2019 for Ex-parte evidence.
    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 for filing additional evidence affidavit.
    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.4-A Additional evidence affidavit filed by plaintiff. TOR.
    Exh.17 Certified copy of statement of account borrowed by defendant.
    Exh.18 Evidence closing pursis filed by plaintiff. TOR.
    Matter adjd for exparte argument on 13/12/2019.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: H.H.J. is on training
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: H.H.J. is on leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Adv. Puthran for plaintiff present.
    None for defendant.
    Heard Ld Adv for plaintiff.
    Matter adjd for Ex-parte Judgment on 05/03/2020 at 11.00 am
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Adv. Jyotsna Putran for plaintiff present.
    None for defendant.
    Suit already proceeded ex-parte against deft.
    KB at 4.00 pm.
    F.R.S.R. following order is passed.
    ORDER
    The suit is partly decreed with costs as under -
    1.   Defendant is hereby directed to pay to the plaintiff sum of Rs.9,32,477.15/- (Rs. Nine lakhs, Thirty Two Thousand, Four Hundred seventy seven and Fifteen paise) along with further interest at the rate of 9.07 percent p.a. plus 2  over due interest from 11-06-2019 till it\''s full realisation.
    2.   Decree be drawn up accordingly.
    R and P be sent to Record Department.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 05-03-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 108095/2018
    Filing Date: 20-06-2018
    First Hearing Date: 24th September 2018
    Decision Date: 05th March 2020
    Court Number And Judge: 20-COURT 20 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    05 Mar 2020

    Order Details: Ex-parte Judgement Pdf Text: MHCC010073552018 Presented on 20.06.2018 Registered on 01.09.2018 Decided on 05.03.2020 Duration Yrs. M. Days 01 08 15 CNR No. EXH. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SHORT CAUSE SUIT NO.2346 OF 2018 (COMMERCIAL SUIT NO.330 OF 2020 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 Bangaluru, Pin 560 002, an, Karnataka State and…

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    Order 1Full order available
    05 Mar 2020

    Order Details: Ex-parte Judgement Pdf Text: MHCC010073552018 Presented on 20.06.2018 Registered on 01.09.2018 Decided on 05.03.2020 Duration Yrs. M. Days 01 08 15 CNR No. EXH. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SHORT CAUSE SUIT NO.2346 OF 2018 (COMMERCIAL SUIT NO.330 OF 2020 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 Bangaluru, Pin 560 002, an, Karnataka State and…

    Read Full Order

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