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Civil Suit

Canara BankVsM/s Samara Tours and Travels +1 more

CNR MHCC0400045420222-Judge City Civil Court and Additional Sessions Judge
Dindoshi, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--JUDGMENT
Decision Date: 30th July 2024

TrustJury record updated 05 Oct 2026

Case Overview

Registration Number
13/2022
Registration Date
01 Feb 2022

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-03-2022
    Business: 10/03/2022 CORAM H.H. JUDGE SHRI S.S. OZA (C.R.NO.2)
    COMM SUM SU 13/22
    Plaintiff and Plff. Counsel are absent.
    Exh.1 Plaint.
    Exh.2 V/n of adv. for plff.
    Exh.3 Memorandum of registered address of plff.
    Exh.4 List of documents.
    O. Issue writ of summons to the defendant for appearance in the form of Form No.IV Appendix B of CPC.
    Matter adjd for service on 08/06/2022.
    Next Purpose: SERVICE
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: Court is Vacant, adjd on
    Next Purpose: SERVICE
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Court is Vacant,adjd to
    Next Purpose: SERVICE
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: Court is Vacant, adjd to
    Next Purpose: SERVICE
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: 25/11/2022 CORAM H.H. JUDGE SMT. V.D.INGLE (C.R.NO.2)
    COMM SUM SU 13/22
    Adv. Nilam Mehta for plaintiff present.
    Exh.1 Plaint.
    Exh.2 V/n of adv. for plff.
    Exh.3 Memorandum of registered address of plff.
    Exh.4 List of documents.
    Exh.5 Adv. for plaintiff filed service of affidavit alongwith three return postal envelop,
    regarding defendant no. 1---- first Mira road Thane with remark  \''left\'', second
    Bhaiyandar Mira Road with remark \''Unclaimed\'' and third is Mina compound Mira Road \''Unclaimed\''.
    Plaintiff to serve W/Sum upon Deft o. 2 through RPAD.
    Adjd for appearance of defendant no. 1 or service report  on  14-02-2023.
    Next Purpose: SERVICE
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: P.O. is on leave, hence adjd
    Next Purpose: SERVICE
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: 25/04/2023 CORAM H.H. JUDGE SMT. V.D.INGLE (C.R.NO.2)
    Com sum suit 13/22
    Advocate Ms. Mehta for the Plaintiff Present.
    Exh.6 Affidavit of Service of writ of summons report regarding Deft no.2 @ returned three postal envelopes, one postal remark is LEFT, second one  postal remark  is UNCLAIMED and third one  postal remark  is LEFT
    None present for Defendant no.1 as matter is fixed for Appearance of Defendant no.1.
    Writ of summons duly served upon defendant no.1 on 14.02.2023. Inspite service Defendant no.1 is absent today, hence,Suit proceeded ex parte against the Defendant no.1
    Suit is adjd for Appearance of Defendant  no.2 on 04.07.2023.
    Next Purpose: APPEARANCE
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: 04/07/2023 CORAM H.H. JUDGE SMT. V.D.INGLE (C.R.NO.2)
    Commercial Summary Suit 13/2022
    Adv. Ms. Mehta for plaintiff Present.
    Siut already proceeded ex parte against Deft no.1.
    None present for the defendant no.2 inspite of service of summons by way of RPAD service.
    Suit is adjd for Ex parte Evidence on 31-08-2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 31-08-2023
    
    Date: 31-08-2023
    Business: 31/08/2023 CORAM H.H. JUDGE SMT. V.D.INGLE (C.R.NO.2)
    COMM SUM SU 13/22
    Adv. Nilam Mehta for plaintiff present.
    Defendant no. 1 proceeded ex-parte.
    Adv. for plaintiff seek time to file ex-parte evidence.
    Adjd for ex-parte evidence on 27-10-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: 27/10/2023 CORAM H.H. JUDGE SMT. V.D.INGLE (C.R.NO.2)
    COMM SUM SU 13/22
    Adv. Nilam Mehta for plaintiff present. Witness PW no. 1 present.
    Defendant proceeded ex-parte.
    Exh.07 Affidavit of evidence of PW No. 1.
    Exh.08  Compilation of document of plaintiff.
    Heard adv for plff on the point of exhibiting of documents in view of the averment in the examination in chief of PW No. 1.
    The following document are mark exhibited in view of the necessary averment in the affidavit.
    Exh.09  Sanction Letter dated 11-07-2016.
    Exh.10  Deed of Hypothecation Re-Vehicles dated 22-07-2016.
    Exh.11  Letter of Undertaking re-loans/Advances dated 22-07-2016.
    Exh.12  Particulars of Vehicles/ Machinery/ Equipment/ Livestock etc. hypothecated dated 22-07-2016.
    Exh.13  Plaintiffs Advocate Notice dated 02-02-2018.
    Exh.14 Defendant\''s Statement of Account alongwith IT Certificate.
    Exh.15  Authority Letter of bank manager dated 31-08-2023.
    Exh.16 Evidence closure pursis filed by advocate for plaintiff.
    Adjd for argument on 12-12-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-12-2023
    
    Date: 12-12-2023
    Business: 12/12/2023 CORAM H.H. JUDGE SMT. V.D.INGLE (C.R.NO.2)
    COMM SUM SU 13/22
    Adv. Nilam Mehta for plaintiff present.
    Defendant proceeded ex-parte.
    Exh.      Written notes of argument filed by advocate for plaintiff.
    Adjd for oral submission if any on 31-01-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-01-2024
    
    Date: 31-01-2024
    Business: 31/01/2024 CORAM H.H. JUDGE SMT. V.D.INGLE (C.R.NO.2)
    Commercial Summary Suit 13/2022
    Plaintiff and adv are absent
    Adj for argument on 12.03.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: P.O. is on training, hence adjd
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: 23/04/2024 CORAM H.H. JUDGE SMT. V.D.INGLE (C.R.NO.2)
    COMMERCIAL SUMMARY SUIT   13/22
    Plaintiff and Adv. for plaintiff are absent.
    Defendant proceeded Ex-parte.
    Adjd for oral submission if any on 09-07-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-07-2024
    
    Date: 09-07-2024
    Business: 09/07/2024 CORAM H.H. JUDGE SHRI.M. MOHIUDDIN M. A. (C.R.NO.2)
    COMMERCIAL SUMMARY SUIT   13/22
    Plaintiff and Adv. for plaintiff are absent.
    Adjd for argument to 30-07-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: 30/07/2024 CORAM H.H. JUDGE SHRI.M. MOHIUDDIN M. A. (C.R.NO.2)
    COMMERCIAL SUMMARY SUIT   13/22
    Adv. Nilam Mehta for plaintiff present.
    Defendant proceeded Ex-parte.
    Exh.      Judgment.
    F. R.S.R. following order is passed.
    Order
    1)  Suit is decreed with costs.
    2) Defendant do pay an amount of Rs.11,73,442/- along with interest @ 9 percentage p.a. from the date of filing of the suit till realisation of entire outstanding amount to the plaintiff.
    3)  Decree be drawn up accordingly.
    Nature Of Disposal: JUDGMENT
    Disposal Date: 30-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 479/2022
    Filing Date: 19-01-2022
    First Hearing Date: 10th March 2022
    Decision Date: 30th July 2024
    Court Number And Judge: 2-Judge City Civil Court and Additional Sessions Judge

    Orders

    1
    Final Order 1Full order available
    30 Jul 2024

    Order Details: Copy of Judgment Pdf Text: Comm. Sum. Suit No.13/2022 1 MHCC040004542022 Presented on : 19-01-2022 Registered on : 01-02-2022 Decided on : 30-07-2024 Duration : 2yrs, 6ms, 11days Exh. 18 IN THE CITY CIVIL COURT AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI COMMERCIAL SUMMARY SUIT NO. 13 OF 2022 Canara Bank, A Body Corporate Constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act of 1970 having it’s Head Office at 112, J.C. Road, Bangalore-560002 and Branch amongst…

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