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Commercial Suit

Canara BankVsMr. Syed Shakil Nihal Akhter Rizvi

CNR MHCC01011379201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 31st March 2021

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100179/2019
Registration Date
07 Nov 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: 07-12-2019
    Business: None present for plaintiff.
    Adjourned to 18.12.2019 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Adv. Mugdha Sawant for plaintiff is present and filed application for issuance of writ of summons against defendant. TOR and marked as Exh.2.
    Heard advocate for applicant. O-Granted.
    Issue Writ of Summons to defendant.
    Adjourned to 15.01.2020 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Mugdha Sawant for plaintiff for is present.
    Advocate for plaintiff submits that service report of writ of summons is awaited, hence seeks time to file affidavit of service.
    Adjourned to 23.01.2020 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: CORAM HIS HONOUR 2ND ADDITIONAL PRINCIPAL JUDGE, SHRI A. N. KARMARKAR (C.R. NO. 54)
    (Matter pertains to C.R. No. 19)
    Adv. Mugdha Sawant I/b R. K. Shukla Law firm is present.
    Adjd to 07.02.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Shailaja Shukla i/b Rajkumar K Shukla Law Firm for plaintiff is present and submits that report of service of writ of summons is awaited, hence seeks adjournment.
    Adjourned to 20.02.2020 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: None present for plaintiff.
    Adjourned to 27.02.2020 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Adv. Mugdha Sawant for plaintiff is present and submits that she will file affidavit of service in second session.
    KB
    Later on
    Adv. Shailaja Shukla for plaintiff is present and filed affidavit of service alongwith original writ of summons. TOR and marked as Exh.3 Colly.
    It appears from the acknowledgment of postal department that the writ of summons served to defendant on 11.01.2020.
    None present for defendant.
    Adjourned to 11.03.2020 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Adv. Shailaja Shukla i/b Rajkumar K. Shukla Law Firm for plaintiff is present.
    None present for defendant.
    Inspite of service to defendant nobody appeared on behalf of defendant, hence case against defendant proceeded ex-parte.
    Adjourned to 18.03.2020 for filing ex-parte evidence and documents.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: Advocate for plaintiff is present and he requested short adjmnt. Request is allowed.
    None for defts.
    Adjourned for evidence to 30.03.2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-07-2020
    
    Date: 15-07-2020
    Business: National Lockdown
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: Both parties and their advocates are absent when called out.
    Adjourned for (ex-parte) evidence to 20.01.2021.
                                                                                    Judge
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Both parties and their advocates are absent when called out.
    Matter is adjd.to 11-02 -2021 forevidence (ex-parte)
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: None for plaintiff and defendant.
    Matter is adjd.to 11.03.2021 for R/E (ex-parte).
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv. Ms. Mugdha Sawant for plaintiff present.
    None for defendant.
    Matter is adjd.to 17.03.2021 for evidence (ex-parte).
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Adv. Mr. Rushabh Mishra for plaintiff present.
    None for defendant.
    Exh.4- Statement of truth.
    Exh.5- Affidavit of evidence- of PW-1 Rajani Bordawekar.
    Exh.6- List of documents.
    In view of testimony of P.W.1, documents are marked as follows.
    Exh.7- Copy of Power of Attorney.
    Exh.8- Original Loan Application.
    Exh.9- Original Sanction Memorandum.
    Exh.10- Original Letter evidencing execution of document.
    Exh.11- Original letter of undertaking re loans/advances.
    Exh.12- Original particulars of vehicles/ Machinery/ Equipment/ Livestock.
    Exh.13- Original Deed of Hypothecation.
    Exh.14- Original Acknowledgement of Debt and Security.
    Exh.15- Office copy of Legal Notice and Postal Receipt.
    Exh.16- Statement of Account.
    Exh.17- Particulars of Plff. claim against Deft.
    Exh.18-Evidence close pursis filed by plff.
    Matter is adjd.to 31.03.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Adv. Shraddha Agrawal for plaintiff present.
    None for defendant.
    Heard argument of  Adv. Shraddha Agrawal.
    Exh.19- Judgment.
    Judgment dictated and pronounced in open court.
    F.R.S.R the following order is passed.
    ORDER
    1. Suit is decreed with cost.
    2. Defendant shall pay the amount of Rs.4,06,093.59/- (Rupees Four Lakhs Six Thousand Ninety Three and Paise Fifty Nine Only) with interest @ 11.70 percent p.a. from the date of suit till realization, within two months from the date of decree.
    3. Decree shall be drawn accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 31-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 106787/2019
    Filing Date: 21-06-2019
    First Hearing Date: 07th December 2019
    Decision Date: 31st March 2021
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    31 Mar 2021

    Order Details: Ex-parte Judgement Pdf Text: Comm.Suit No. 179/19. 1 Ex-parte Judgment. MHCC010113792019 Presented on : 21-06-2019 Registered on : 07-11-2019 Decided on : 31-03-2021 Duration : 1 years, 9 months, 10 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 179 OF 2019 Exh.19. 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 –…

    Read Full Order

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