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SUIT - SHORT CAUSE CIVIL SUIT

Canara BankVsMr. Shamsher Ali Mohd. Hanif

CNR MHCC01009815201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 07th July 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103307/2019
Registration Date
09 Dec 2019

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: 09-01-2020
    Business: Court is on leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Advocate Shailaja Shukla for plaintiff is present.
    None present for defendant.
    Issue writ of summons.
    Adjourned for writ of summons to 25.02.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Advocate Shailaja Shukla for plaintiff is present.
    None present for defendant.
    Adjourned for awaiting service report to 30.04.2020.
                                                                                   Judge
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 30-04-2020
    
    Date: 30-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-05-2020
    
    Date: 21-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 09-06-2020
    
    Date: 09-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 30-01-2021
    
    Date: 30-01-2021
    Business: Adv. Rajkumar Shukla for plaintiff present.
    Adv. for plaintiff filed affidavit of proof of service. t.o.r.
    Adjd for writ of summons to 26/03/2021
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: Adv. Mugdha Sawant for plaintiff present.
    Adjd for writ of summons to 14/07/2021
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Due to COVID-19 mater adj. to
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Court is vacant
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Court is Vacant.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: AS PO IS ON TRAINING
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Matter called out at 12.35p.m.
    Advocate Ms. Mugdha Sawant for plaintiff present.
    None for Defendant
    Service affidavit shows that defendant duly served with Writ of Summons. Despite of service, defendant has not appeared.  The suit proceeded exparte against defendant.
    Matter is adjd on 22.08.2022 for Exparte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: None for plff
    None for Defendant
    Court is busy in hearing argument in Suit No. 6988/2005.  Hence Board is discharged.
    Matter is adjd on 18.10.2022 for Exparte Evidence
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: Matter called out at 11.41 am
    Adv Pooja Tripathi for plff present
    None for defendant
    Documents a/w plaint marked as Exh.as under
    Vakalatnama Exh.2
    Memorandum of address Exh.3
    List of Documents Exh.4
    Affidavit Exh.5
    The record shows tha plff tendered evidence affidavit and list of documents a/w documents on 22.08.2022. However, it is not t.o.r on that day today evidence affidavit is t.o.r. marked as Exh 6
    Evidence affidavit of witness Mr. Pramod Arsud is verified.
    O- R and R
    List of documents a/w documents t.or. marked as Exh 7
    Put up for exhibiting documents.
    Matter is adjd on 15.12.2022 for Hrg on documents
    Next Purpose: HEARING
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: Matter called out at 11.28 am
    Adv Saraswati Rajpurohit for plff present
    None for defendant
    Heard adv for plff.  Perused documents with list Exh 7 and evidence affidavit.  In view of the statements made in evidence affidavit, documents are marked as under
    1.  Copy of POA as Exh 8
    2.  Original Loan Application dtd 15.05.14 as Exh 9
    3.  Original Sanction Memorandum dtd 27.05.14 as Exh 10
    4.  Original certificate of Loan paper dtd 27.05.14 as Exh 11
    5.  Original letter of  undertaking loans dtd 27.05.14 as Exh 12
    6. Original particulars of vehiclesmachinery/equipment/ livestock dtd 27.05.14 as Exh 13
    7.  Original deed of Hypothecation dtd 27.05.14 as Exh 14
    8.  Original Acknowledgement of Debt and Security dtd 21.12.17 as Exh 15
    9.  Office copy of Recall letter dtd 28.09.17 as Exh 16
    10. Statement of account as Exh 17
    11.  Particulars of plff\''s claim against defendants as Exh 18
    Matter is adjd on 03.02.2023 for RE
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Adv. Manisha Vishwakarma for plaintiff present and filed evidence close pursis. TOR and marked as Exh. 19
    Matter is adjd on 17-04-2023 for R/E.
    Reason For Adjournment: court time is over
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Adv. Manali Dixit for plaintiff present.
    Heard argument of Adv. for plaintiff.
    Matter is adjd on 04-05-2023 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: Adv. Manali Dixit for plaintiff present.
    KB for Judgment.
    LO at 5.17 pm
    Court is busy in hearing submissions in suit no. 8292/84.
    Matter is adjd on 16-06-2023 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None for plaintiff.
    None for defendant.
    Kept back.
    Later on at 12.29pm
    Adv.Manali Dixit h/f Adv.Rajkumar Shukla for plaintiff present.
    None for defendant.
    Heard Ld.Adv. for plaintiff.
    Matter is adj to 01/07/2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 01-07-2023
    
    Date: 01-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Manisha Vishwakarma for plaintiff present.
    None for defendant.
    Matter is adj to 05/07/2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Manisha Vishwakarma for plaintiff present.
    None for defendant.
    Matter is adj to 06/07/2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Manisha Vishwakarma for plaintiff present.
    None for defendant.
    Matter is adj to 07/07/2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Manisha Vishwakarma for plaintiff present.
    None for defendant.
    F.R.S.R following order is passed on Suit No.3307/19.
    ORDER
    Suit No.3307 of 2019 is decreed.
    Nature Of Disposal: DECREED
    Disposal Date: 07-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 110395/2019
    Filing Date: 24-09-2019
    First Hearing Date: 09th January 2020
    Decision Date: 07th July 2023
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Jul 2023

    Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 3307 of 2019 1 MHCC010098152019 Presented on :24-09-2019. Registered on :09-12-2019. Decided on :07-07-2023. Duration :3Yr,9M,13D. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.3307 OF 2019. Exh. 20. 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 of…

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