SUMMARY CIVIL SUIT - SUMMARY SUIT
Corporation BankVsMr. Rashid Ahmed
CNR MHCC01014025201881-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 01st April 2024
TrustJury record updated 15 Sept 2026
Case Overview
- Registration Number
- 100377/2019
- Registration Date
- 05 Mar 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2
Case History / Proceedings
Case History
Date: 29-04-2019 Business: Due to Election Holiday declared on 29.04.19 Therefore, Board is discharge Next Purpose: REPORT Next Hearing Date: 28-08-2019 Date: 28-08-2019 Business: None present. Adjd to 09/10/2019. for affidavit of service. Lo Adv. Rohan Sinha for plaintiff. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 09-10-2019 Date: 09-10-2019 Business: Adv. Rohan Sinha for plaintiff present. Adjd. to 13.12.2019 for affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 13-12-2019 Date: 13-12-2019 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 24-01-2020 Date: 24-01-2020 Business: Plaintiff absent. Defendant absent. Adv. Rohan Sinha For plff. Present. Adv. For deft. Absent. Matter is adjd to 17.03.2020 for affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 17-03-2020 Date: 17-03-2020 Business: Plaintiff absent. Defendant absent. Adv. Rohan Sinha for plff. Present. Adv. For deft. Absent. Adv. For the plff. Filed application for substitute of service @ affidavit. Order- application is allowed issue summons to defendant by paper publication as prayed. Matter is adjd to 28.03.2020 for Report. Next Purpose: REPORT Next Hearing Date: 28-03-2020 Date: 28-03-2020 Reason For Adjournment: National Lock Down Next Purpose: REPORT Next Hearing Date: 09-04-2020 Date: 09-04-2020 Next Purpose: REPORT Next Hearing Date: 21-04-2020 Date: 21-04-2020 Next Purpose: REPORT Next Hearing Date: 12-05-2020 Date: 12-05-2020 Reason For Adjournment: National Lock Down Next Purpose: REPORT Next Hearing Date: 01-06-2020 Date: 01-06-2020 Business: Due to Covid-19 lockdown Next Purpose: REPORT Next Hearing Date: 18-06-2020 Date: 18-06-2020 Business: Due to Covid-19 Lockdown Next Purpose: REPORT Next Hearing Date: 19-08-2020 Date: 19-08-2020 Business: Due to Covid-19 Lockdown Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: REPORT Next Hearing Date: 07-11-2020 Date: 07-11-2020 Business: Due to Covid-19 pandemic none appeared. Next Purpose: REPORT Next Hearing Date: 11-01-2021 Date: 11-01-2021 Business: Plaintiff absent. Defendant absent. Adv. V. N. Joshi for plff. Present. Adv. For the plff. Tendered draft Ch/s @ affidavit in support. t.o.r. Order- Leave granted to register. Adv. For the plff. Filed application for private service and hand delivery. Order- Allowed. Matter is adjd to 28.01.2021 for Service. Next Purpose: SERVICE Next Hearing Date: 28-01-2021 Date: 28-01-2021 Business: Plaintiff absent. Defendant and his advocate are absent. Adv. B. N. Joshi for plff. Present. Adv. For the plff. Tendered register Ch/s no. 91/2021 @ affidavit in support. t.o.r. Adv. For plff. Filed affidavit of service of Ch/s. t.o.r. ORDER 1. The Chamber Summons No.91/2021 is allowed. 2.The plaintiff to carry out amendment in the plaint within 14 days from today 3. The Chamber Summons No.91/2021 is disposed off. Matter is adjd to 11.02.2021 for Compliance. Next Purpose: COMPLIANCE Next Hearing Date: 11-02-2021 Date: 11-02-2021 Business: P.O. is on leave. Matter is adjd to 23.03.2021 for Compliance Next Purpose: COMPLIANCE Next Hearing Date: 23-03-2021 Date: 23-03-2021 Business: Plaintiff absent. Defendant and his advocate are absent. Adv. B. N. Joshi for the plff present. Adv. For the plff. filed application for seeking for extension of paper publication. t.o.r. Order- Granted extension as prayed. Matter is adjd to 19.04.2021 for report. Next Purpose: REPORT Next Hearing Date: 19-04-2021 Date: 19-04-2021 Business: Due to Covid-19 pandemic none appeared. Matter is adjd to 15/07/2021 for Report Next Purpose: REPORT Next Hearing Date: 15-07-2021 Date: 15-07-2021 Business: Both the parties and their advocates are absent. Due to Covid-19 pandemic. Matter is adjd to 09.09.2021 for Report. Next Purpose: REPORT Next Hearing Date: 09-09-2021 Date: 09-09-2021 Business: Court is vacant Next Purpose: REPORT Next Hearing Date: 26-11-2021 Date: 26-11-2021 Business: Both parties and advocates are absent. Adjd. to. 01.02.2022 for report. Next Purpose: REPORT Next Hearing Date: 01-02-2022 Date: 01-02-2022 Business: Plaint Exh.1 Vakalatnama Exh.2 Memorandum of plaintiff\''s registered address Exh. 3 List of document Exh.4 Adv Ankit Tiwari for plaintiff present and tendered affidavit of substituted service TOR. Exh. 5 Matter is adjd for steps on 15-02-2022 Next Purpose: FOR TAKING STEPS Next Hearing Date: 15-02-2022 Date: 15-02-2022 Business: None present. Matter is adjd for steps on 29-04-2022 Next Purpose: FOR TAKING STEPS Next Hearing Date: 29-04-2022 Date: 29-04-2022 Business: PO is on training. Matter adj. to Next Purpose: FOR TAKING STEPS Next Hearing Date: 10-08-2022 Date: 10-08-2022 Business: P.O. IS ON LEAVE Next Purpose: FOR TAKING STEPS Next Hearing Date: 10-10-2022 Date: 10-10-2022 Business: Adv.Archana Bhor for plaintiff present. Plaintiff has already filed affidavit of service at Exh-5. It transpire that plaintiff has served writ of summons through paper publication on 01/04/2021. In spite of the service, defendant failed to cause appearance hence suit to proceed ex-parte. Matter is adj to 15/12/2022 for ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 15-12-2022 Date: 15-12-2022 Business: Adv.Kaikasha Shaikh for plaintiff present. Kept back. Later on at 4.01pm Adv.Upadhayay for plaintiff present. He filed affidavit of evidence of Mr.Shashi Bhardwaj (Exh-6) along with list of documents (Exh-7) Following documents are marked exhibit as under. Original of Loan Application (Exh-8). Original of Sanction Letter (Exh-9). Original of Demand Promissory Note (Exh-10). Original of take Delivery Letter to D.P.Note (Exh-11). Original of Letter of undertaking/declaration from the borrowers (Exh-12). Original of common Deed of Hypothecation of Movables/Assets/Debts (Exh-13). Original of Legal Notice (Exh-14). Adv. for plaintiff seeks time to tendering necessary certificate for proof of the account statement. Time granted. Matter is adj to 09/02/2023 for ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 09-02-2023 Date: 09-02-2023 Business: None for plaintiff. Defendant ex-parte. No ex-parte evidence is filed. Matter is adj to 17/04/2023 for ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 17-04-2023 Date: 17-04-2023 Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61) Adv.Upadhayay for plaintiff present. He tendered certificate u/s 65 b of Evidence Act in support of Account Statement. Same is taken on record marked as Exh-15. Account Statement (Exh-16). None for defendant (Ex-parte). Matter is adj to 24/07/2023 for ex-parte argument. Next Purpose: ARGUMENTS Next Hearing Date: 24-07-2023 Date: 24-07-2023 Business: Court is on leave. Next Purpose: ARGUMENTS Next Hearing Date: 28-08-2023 Date: 28-08-2023 Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) The plaintiff and his advocate are absent. Matter is adj to 24.11.2023 for ex-parte arguments. Next Purpose: ARGUMENTS Next Hearing Date: 24-11-2023 Date: 24-11-2023 Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) The plaintiff and his advocate are absent. Matter is adj to 15.02.2024 for ex-parte arguments. Next Purpose: ARGUMENTS Next Hearing Date: 15-02-2024 Date: 15-02-2024 Business: None present. KB LO at 1.08 pm Adv Manjula Chigari i/b. V.B.Tiwari and Co. for plaintiff present. Heard Adv for plaintiff. Matter adjd to 05-03-2024 for further argument. Next Purpose: ARGUMENTS Next Hearing Date: 23-02-2024 Date: 23-02-2024 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) NOB TOB Advocate Manjula Chigari for plaintiff present and requested for keeping matter in lokadalat. There is element of settlement in the matter. Hence, matter be referred to Lok Adalat. Issue notice to the defendant. Matter is adj to 03.03.2024 for Lokadalat. Next Purpose: ARGUMENTS Next Hearing Date: 03-03-2024 Date: 03-03-2024 Business: NATIONAL LOK-ADALAT HELD ON 03.03.2024 (PANEL NO.14) Matter pertaining to CR No.81 None present. Matter not settled. Matter adj. to 15/03/2024. Next Purpose: FOR___________________ Next Hearing Date: 15-03-2024 Date: 15-03-2024 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Adv. Manjula Chigari h/f Adv. V. B. Tiwari for plaintiff is present Heard ex-parte arguments of counsel for the plaintiff Matter is adj to 01.04.2024 for further ex-parte arguments and ex-parte judgment. Next Purpose: ARGUMENTS Next Hearing Date: 01-04-2024 Date: 01-04-2024 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Adv. Manjula Chigari h/f Adv. V. B. Tiwari for the plaintiff is present. Heard ex-parte argument of counsel for the plaintiff. Judgment is marked as Exh-21. FRSR following order is passed- Order 1) Summary Suit No. 377 of 2019 is hereby decreed with the costs. 2) The defendant shall pay an amount of Rs. 40,984/- (Rupees Forty Thousand Nine Hundred Eighty Four only) to the plaintiff. 3)The defendant shall pay to the plaintiff simple interest on Rs. 33,645/- at the rate of 6 percent per annum from 02/11/2018, the date of filing of suit till its full realization. 4) The plaintiff may be entitled to get refund the court fees paid, if provided for in Rules. 5) The decree be drawn up accordingly. Nature Of Disposal: DECREED Disposal Date: 01-04-2024
Additional Case Details
Additional Case Details
Filing Number: 114883/2018 Filing Date: 02-11-2018 First Hearing Date: 29th April 2019 Decision Date: 01st April 2024 Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE
Orders
2Final Order 101 Apr 2024
01 Apr 2024
Order Details: Ex-parte Judgement
Order 101 Apr 2024
01 Apr 2024
Order Details: Ex-parte Judgement
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