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SUIT - SHORT CAUSE CIVIL SUIT

Canara BankVsMr. Vinayak Manik Devendra

CNR MHCC01011243201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 13th June 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101528/2021
Registration Date
10 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: 10-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. for plaintiff present.
    Adv.for defendant absent.
    Advocate for plaintiff tender issuance of writ of summons - Issue writ of summons as prayed.
    Matter adjd to 21.04.2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: None present.
    Adjd to 14-06-2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: Both parties and their advocates are absent when called out.
    Matter is adjd.to 17.08.2021 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv. Shraddha Agrawal for plaintiff present.
             Perused the proceeding sheet and plaint.
    2.     Suit was initially registered as a Short Cause Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute.
    3.    Section 12 of the Commercial Courts Act, 2015  makes a provision for determination of specified value.  As per section 12 (1)(a) of the Commercial Courts Act, 2015, where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in a suit or application inclusive of interest, if any, computed upto the date of filing of the suit or application, as the case may be, shall be taken into account for determining such specified value.
    4.    Plaintiff is seeking recovery of the amount of Rs.1,33,464/-.  It has also valued the suit for said amount.  Thus, as per section 12(1)(a) of  the Commercial Courts Act, 2015, specified value of the present suit would be Rs.1,33,464/-. Present suit does not qualify as a Commercial dispute considering the valuation of the claim made by the plaintiff.  Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
    Matter is adjd for compliance of above order to 28.08.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: Board is discharge.  Matter adj. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Court is Vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: As Court is Vacant Board Discharged adj. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: P.O.is in Training
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: Adv Arafat Shaikh for Applicant present
    Adv  for Defendant
    Court is busy in recording evidence.  Hence, adjd
    Matter is adjd on 24.08.2022 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Adv Pooja Tripathi for plff present
    None for Defendant
    Adv for plff tendered affidavit service t.o.r marked as Exh 4
    Court is busy in recording evidence in Suit No. 5026/08.  Hence, matter adjd
    Matter is adjd on 14.10.2022 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: None present
    Court is busy in hearing Suit No. 1291/2013 and recording evidence in sessions case.  Hence, Board is discharged.
    Matter is adjd on 05.12.2022 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: Court is busy in recording evidence in Suit No. 2905/2010.  Hence, remaining Board is discharged.
    Matter is adjd on 17.02.2023 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: Court is busy in recording evidence in SU 1649/15 and hearing argument in 1557/19, hence board discharged.
    Matter is adjd on 18-04-2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: Adv. Manisha Vishwakarma for plaintiff present and seeks time to file service affidavit. O- Granted.
    Matter is adjd on 26-07-2023  for Service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy hearing of other matters hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Adv.Manisha Vishwakarma for plaintiff present.
    Matter is adj to 28/11/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    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 03/02/2024 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Manisha Vishwakarma for plaintiff present. She seeks time to file affidavit of service.
    None for defendant.
    Matter is adj to 13/06/2024 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.Shailja Shukla i/b Rajkumar Shukla for plaintiff present. She filed application for withdrawal of the suit marked as Exhibit-5.  She also filed authority letter marked as Exhibit-6.
    None for defendant.
    Application Exh-5 is allowed as prayed for.
    ORDER
    1. Suit No.1528 of 2021 is disposed of as withdrawn.
    2. Court fees be refunded as per the rules.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 13-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 111945/2019
    Filing Date: 05-11-2019
    First Hearing Date: 10th January 2020
    Decision Date: 13th June 2024
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    13 Jun 2024
    Order Details: Other
    Pdf Text: 35
    13/06/2024
    SUIT 1528/21
    Exh-5.
    Exh-6.
    CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.Shailja Shukla i/b Rajkumar Shukla for plaintiff present. She
    filed application for withdrawal of the suit marked as Exhibit-5.
    She also filed authority letter marked as Exhibit-6.
    None for defendant.
    Application Exh-5 is allowed as prayed for.
    ORDER
    1. Suit No.1528 of 2021 is disposed of as withdrawn.
    2. Court fees be refunded as per the rules.
    Judge
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