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Commercial Suit

Canara BankVsM/s. Aayat Tours and Travels +1 more

CNR MHCC01007569201831-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 08th October 2022

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
100772/2021
Registration Date
08 Apr 2019

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec Order 9

Case History / Proceedings

Case History
Date: 29-04-2019
Business: 29th of April was declared as a holiday on account of  holiday polling day. Hence the matters on board of 29th April 2019 are taken on board of 30th April 2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: None present.
Matter adj for directions on 23/08/19.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Shaileja Shukla for plaintiff present.
Adv. for defendant absent.
Matter adjd to 19.12.2019 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv.M. Sawant for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender application for issuance of writ of summons- Issue writ of summons.
Matter adjd to 07.04.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: P.O. is on leave.
Next Purpose: SERVICE
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: As per office order 64/2021
Adjd to 07-09-2021.
Next Purpose: SERVICE
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Both parties are absent.
Matter is adjd.to 27-10-2021 forservice.
Next Purpose: SERVICE
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv. Saraswati Purohit for plaintiff present and filed application of extension of date of writ of summons t.o.r.  and allowed.  Time is extended for service of writ of summons upon the defendant.
Matter is adjd.to 27-11-2021 for writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: a
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv. Rushabh Mishra h/f Adv. Rajkumar Shukla for plaintiff present and filed affidavit of service with original writ of summons and two acknowledgments  t.o.r. and marked as Exh. 3
Matter is adjd.to 01-02-2022 for ex parte order
Next Purpose: ORDER
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: None for plaintiff.
Matter is adjd.to 22-02-2022 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Adv. Saraswati Rajpurohit for plaintiff present.
As per affidavit of service Exh.3, defendant nos.1 and 2 are duly served with writ of summons as per acknowledgments annexed thereto, but they failed to appear.  Hence, suit to proceed Exparte against defendant nos.1 and 2.
Matter is adjd. to 15/3/2022 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: (NOB TOB)
Matter is kept in Nation Lok-Adalat going to be held on 12-03-2022. Issue notices of Lok-Adalat to both sides.
Matter is adjd.to 12-03-2022 for Lok-Adalat
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-03-2022

Date: 12-03-2022
Business: None present.
Matter Adjd to 04/05/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: (NOB TOB)
Matter is kept in Nation Lok-Adalat going to be held on 07-05-2022. Issue notices of Lok-Adalat to both sides.
Matter is adjd.to 07-05-2022 for Lok-Adalat
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-05-2022

Date: 07-05-2022
Business: None present for Plaintiff
None present for defendant
Adjourned to 18.07.2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Saraswati Rajpurohit for plaintiff present and seeks time to file evidence
Adjd for exparte evidence to 02/08/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: None present when called.
L. O at 1.00 pm
Adv. Arfat Shaikh for plaintiff present and requested for adjournment to file exparte evidence.
Sufficient opportunity is already given to plaintiff from 15.03.2022 to adduce evidence but plaintiff not adduced evidence till date.
Hence kept for dismissal order.
Adjd for dismissal to 08/08/2022
Next Purpose: DISMISSAL
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Adv. Pooja Tripathi for plaintiff present.
Adjd for dismissal to 20/08/2022
Next Purpose: DISMISSAL
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: Adv. Saraswati Rajpurohit for plaintiff present.
Witness of plaintiff Vidyadhar Khandait present.
Exh-4 Application for removing caption of dismissal. O-  Granted.
Exh-5 Statement of truth filed by adv. for plaintiff. O- R and R.
Exh-6 Affidavit of evidence of Vidyadhar Khandait filed. O- Read and recorded in evidence.
Exh-7 List of documents. O- Filed.
Exh- 8 Copy of power of attorney/authority letter.
Exh-9 Original loan application
Exh-10 Original sanction memorandum
Exh-11 Original letter of undertaking
Exh-12 Original letter evidencing execution of documents.
Exh-13 Original particulars of vehicle/machinery/equipment/livestock, etc
Exh-14 Original deed of hypothecation
Exh-15 Original legal notice, postal receipts.
Exh-16 Statement of accounts.
Exh-17 Particulars of plaintiff’s claim against defendant.
Exh-18 Evidence closing pursis filed by adv. for plaintiff. O- R and R.
Adjd for arguments to 08/09/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv. Pooja Tripathi for plaintiff present.
Heard arguments of adv. Pooja Tripathi for plaintiff present.
Adjd for exparte judgment to 07/10/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Adv. Pooja Tripathi for plaintiff present.
Court is busy in recording evidence and passing NM order In other suit hence adjourned.
Adjd for exparte judgment to 08/10/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 08-10-2022

Date: 08-10-2022
Business: Adv. Pooja Tripathi for plaintiff present.
Exh-19 Judgment.
Court pronounced judgment in open court.
FRSR the following order is passed
ORDER
       1. Commercial Suit No. 772 of 2021 is decreed with costs.
       2. The defendants are jointly and severally liable to pay an amount of Rs.8,47,951.80ps. (Rs. Eight Lakh Forty Seven Thousand Nine Hundred Fifty One and Eighty Paise only) to the plaintiff bank along with interest at the rate of 10.55 percent per annum on the principal amount from the date of filing of the suit till realization within 3 months from the date of this decree.
       3. Defendants shall bear the costs of the suit.
       4. Court fee, if any, be refunded to the plaintiff as per rule.
       5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 08-10-2022

Additional Case Details

Additional Case Details
Filing Number: 108306/2018
Filing Date: 25-06-2018
First Hearing Date: 29th April 2019
Decision Date: 08th October 2022
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

2
Final Order 1Full order available
08 Oct 2022

Order Details: Ex-parte Judgement Pdf Text: 1 Judgment in Commercial Suit No. 772/2021 Lodged on : 25.06.2018 Admitted on : 08.04.2019 Decided on : 08.10.2022 Duration : Y M D 4 3 13 COMMERCIAL SUIT NO. 772 OF 2021 (OLD S.C.SUIT NO. 974 OF 2019) CNR NO : MHCC010075692018 Exh.19 Canara Bank , a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head office at 112, J.C. Road, Bangalore 560 002 and…

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Order 1Full order available
08 Oct 2022

Order Details: Ex-parte Judgement Pdf Text: 1 Judgment in Commercial Suit No. 772/2021 Lodged on : 25.06.2018 Admitted on : 08.04.2019 Decided on : 08.10.2022 Duration : Y M D 4 3 13 COMMERCIAL SUIT NO. 772 OF 2021 (OLD S.C.SUIT NO. 974 OF 2019) CNR NO : MHCC010075692018 Exh.19 Canara Bank , a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head office at 112, J.C. Road, Bangalore 560 002 and…

Read Full Order

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