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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

1

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Corporation Bank

    Respondent

    1. 1Mr. Rashid Ahmed

    Acts & Sections

    1
    Protection 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

    2
    Final Order 1
    01 Apr 2024
    Order Details: Ex-parte Judgement
    Order 1
    01 Apr 2024
    Order Details: Ex-parte Judgement

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