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Commercial Suit

Syndicate BankVsMr. Anil Shivaji Jadhav

CNR MHCC01011548201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 05th April 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100455/2020
Registration Date
05 Aug 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 9

Case History / Proceedings

Case History
Date: 04-09-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 03-12-2020

Date: 03-12-2020

Date: 20-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 24-02-2021 for writ of summons
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: None for plaintiff and defendant.
Plff to take proper steps for writ of summons.
Matter is adjd.to 17.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: None for plaintiff and defendant.
Plff to take steps for writ of summons.
Matter is adjd.to 08.06.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: None for plaintiff.
The plaintiff is directed to take steps for service of writ of summons on the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd.to 21-09-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Adv. S. R. Kadam for plaintiff present and prayed for adjournment for filing C/S for amendment in plaint – granted.
Matter is adjd.to  18-10-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv. S. R. Kadam for plaintiff present.
Matter is adjd.to 14-01-2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: None for plaintiff.
Matter is adjd.to  16-02-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: None for plaintiff.
The plaintiff is directed to take steps for service of writ of summons upon the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd.to 05-03-2022 for Dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 05-03-2022

Date: 05-03-2022
Business: Adv. S. R. Kadam for plaintiff present and tendered draft C/S with supporting affidavit for amendment in the plaint t.o.r. and Leave is granted to register the C/S.
None for defendant.
Matter is adjd.to 24-03-2022 for filing registered C/S.
Next Purpose: FOR___________________
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv. S. R. Kadam for plaintiff present and filed registered CS No.331/22.
As the plaintiff Bank merged with Canara Bank as per notification dated 04/03/2020 published in Government Gazette with effect from 01/04/2020, amendment is necessary to bring correct position regarding present legal status of the plaintiff Bank on record. Hence, CS No.331/22 is made absolute in terms of prayer clause (1). the plaintiff is directed to carry out amendment in the plaint on or before the next date. CS No.331/22 is disposed off.
Matter is adjd.to 08-04-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Adv. S. R. Kadam  for plaintiff present.
He carried out amendment in the plaint as per order in C/S No. 331/22. Issue fresh writ of summons for service upon the defendant.
Time is extended for service of writ of summons.
Matter is adjd.to 27-06-2022 for writ of summon.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: None for plaintiff .
None for defendant.
Matter is adjd to 02/12/2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: Adv. S R Kadam for plaintiff present and sought extension of time for service of writ of summons.
None for defendant. O granted
Case is adjourned to 25.04.2023 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Adv. S.R. Kadam for plaintiff is present and sought time for filign affidavit of service. Granted.
None for defendant.
Case is adjourned for affidavit of service to 27-06-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Syndicate Bank Vs Mr. Anil Shivaji Jadhav
Adv. S. R. Kadam  present for plaintiff.
Office to file report regarding service on defendant.
Matter adjourned to 27.07.2023 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Syndicate Bank Vs Mr. Anil Shivaji Jadhav
Adv. S. R. Kadam present for plaintiff.
Adv. Shri Kadam idenfied the defendant Anil Jadhav who is present in the Court.
Defendant is seeking oral adjournment to take appropriate step.
Matter adjourned to 10.10.2023 for steps by defendant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: Canara Bank Vs Mr. Anil Shivaji Jadhav
Adv.  S. R. Kadam present for plaintiff.
Exh.2 - Affidavit of service filed by plaintiff stating that, the defendant is served on 18.07.2023.
Defendant side called, but absent.
Perused roznama Dt. 27.07.2023 which mentions that, Adv. Kadam has identified the defendant Anil Jadhav.
Till date defendant has not filed appearance before this Court.
Today Defendant side called, but absent.
Suit to proceed Ex-parte against defendant.
Plaintiff to take steps regarding Ex-parte evidence. Else, put for necessary order.
Matter adjourned to 19.12.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Syndicate Bank Vs Mr. Anil Shivaji Jadhav
Adv. S R Kadam present for plaintiff.
He is seeking oral adjournment to lead evidence
Case adjourned to 15.02.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: Syndicate Bank V/s Anil Jadhav
Adv. S. R. Kadam present for plaintiff.
Plaintiff witness present..
Plaintiff  is seeking oral adjournment to lead evidence.
Suit adjourned to 05.04.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: Syndicate Bank v/s Anil Jadhav
Adv. S. R. Kadam present for plaintiff.
Plaintiff witness Shivanand Patil present.
Exh.3 - Evidence affidavit of plaintiff witness.
Exh.4 - List of documents.
Exh.5
Application for credit facilities to Micro and Small Enterprises, Dt. 10.03.2015
Exh.6
Sanction Letter, Dt. 31.03.2015.
Exh.7
Receipt of payment to the NBS International, Dt. 25.03.2015.
Exh.8
Receipt of payment to the NBS International, Dt. 26.03.2015.
Exh.9
Receipt of payment to the NBS International, Dt. 31.03.2015.
Exh.10
Receipt of payment to the NBS International, Dt. 31.03.2015.
Exh.11
Copy of Demand Draft with Covering Letter Dt. 25.02.2015.
Exh.12
Confirmation of delivery of Machinery / Vehicles.
Exh.13
Hypothecation Agreement,
Exh.14
Statutory Notice Dt. 13.02.2019.
Exh.15
Statement of Account.
Exh.16
Particulars of claim.
Exh.17
Statement of Truth.
Exh.18
Copy of Power of Attorney.
Exh.19
Non-starter report, Dt.22.03.2019.
Exh.20 - Evidence closure puris.
Heard Adv. S. R. Kadam for plaintiff.
FRSR following order is passed -
ORDER
    1. Commercial Suit No. 100455 / 2020, Canara Bank Vs Anil Shivaji Jadhav, is partly decreed, with proportionate cost.
    2. Defendant, within three months from date of this Order, shall pay, Rs. 4,19,312/- (Rs. Four Lakhs Nineteen Thousand Three Hundred and Twelve Only) to the plaintiff, with interest @ 9 percent per annum, from the date of filing of the Suit, till its realization.
    3. Court fee, if any, be refunded to the plaintiff as per rule.
    4. Decree be drawn up accordingly.
    5. Judgment pronounced in Open Court.
    6. Parties be informed about their right to challenge this Judgment and period of limitation for same.
    7. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 05-04-2024

Additional Case Details

Additional Case Details
Filing Number: 112203/2019
Filing Date: 11-11-2019
First Hearing Date: 04th September 2020
Decision Date: 05th April 2024
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

2
Final Order 2Full order available
05 Apr 2024

Order Details: Ex-parte Judgement Pdf Text: CS No.100455 / 2020 Canara Bank – Anil Judgment (Exh.21) 1 of 5 MHCC010115482019 Suit Filed on : 11.11.2019 Evidence over : 05.04.2024 Arguments Heard : 05.04.2024 Decided on : 05.04.2024 Duration : 04 Y, 04 M, 25 Days City Civil & Sessions Court, Mazgaon, Greater Mumbai Court Room No. 31 – Commercial Court, (Additional District Judge : Vijay S. Hingne, LL. M.) Commercial Suit No. 100455 / 2020 Exhibit No. 21 Plaintiff :…

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Final Order 1Full order available
05 Apr 2024

Order Details: Other Pdf Text: CS No. 100455 / 2020 Canara Bank – Anil Jadhav Exh.3 1 / 2 Further examination in chief of plaintiff witness Shivanand Patil on oath by Adv. S. R. Kadam, for plaintiff. Suit is Ex-parte on 10.10.2023. 1) Affidavit now shown to me bears my signature. Its contents are true. It is marked as Exh.3. I have filed following documents on record. Same be allotted Exhibit mark. Exh.5 : Application for credit facilities to Micro…

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