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Civil Suit

Canara BankVsM/s Sai Swaroop Tours and Travels +1 more

CNR MHCC0400727520213-Judge City Civil Court and Additional Sessions Judge
Dindoshi, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--JUDGMENT
Decision Date: 27th June 2023

TrustJury record updated 05 Oct 2026

Case Overview

Registration Number
168/2021
Registration Date
29 Dec 2021

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-02-2022
    Business: In view of the Hon''ble High Court, Bombay  Letter NO. RG/1611/9/2022, dtd. 06-02-2022 and Office Order No. 27/22, City Civil and Sessions Court declare that to mourn the sad demise of Veteran Singer Bharatratna Lata Mangeshkar and pay respect to the departed soul, the City Civil and Sessions Court, Gr. Bombay, its office and branch at Dindoshi, shall remain closed on Monday 07-02-2022.  Hence, matter is taken on board dtd 08-02-2022.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Com. Sum 168/21
    In view of the Office Circular No. 4 of 2022 dated 12.01.2022 issued in pursuance of the out break of COVID-19, as only urgent matters are being allowed to be taken physically, hence, matter adjd to 16-03-2022 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: 16-03-2022 CORAM-HHJ SHRI. S.N.SALVE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.3)
    Com. Sum. Su.   168/2021
    Adv. Neelam Mehta for plaintiff present.
    Exh.1 Plaint
    Exh.2 Vakalatnama on behalf of plaintiff.
    Exh.3 Memorandum of registered address.
    Exh.4 List of documents.
    Perused plaint and documents - It would be proper to issue writ of summons to defendants through bailiffs.
    Issue writ of summons to defendants by RPAD.
    Matter is adjd to 05-05-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: 05-05-2022 CORAM-HHJ SHRI. S.N.SALVE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.3)
    Com. Sum. Su. 168/2021
    Plaintiff and advocate absent.
    Matter is adjd to 04-07-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: 04-07-2022 CORAM-HHJ SHRI. S.N.SALVE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.3)
    Com. Sum. Su. 168/21
    Adv. Neelam Mehta for plaintiff present.
    Defendants and their advocates absent.
    Exh.   Adv for plff filed affidavit of service alongwith returned envelope
    Exh.  Adv for plff filed application for substituted service by way of paper publication of writ of summons to deft. t.o.r
    Adv for plff to file affidavit in support of application on the next date.
    Matter is adjd to 22-07-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: As Court is on Leave, board is discharged. Adjd to
    Next Purpose: SERVICE
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: 16-09-2022 CORAM-HHJ SHRI. S.N.SALVE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.3)
    Com. Sum. Su.  168/2021
    Adv. Neelam Mehta for plaintiff present.
    Defendants and their advocates absent.
    Adv for plff filed affidavit in support of application for paper publication t.o.r
    Order- Perused application and affidavit of service. As per the affidavit of service deft not duly served hence, there is no any other way to serve the writ of summons except by way of publication of writ of summons in daily newspaper.
    Hence issue writ of summons to deft. by way of paper publication in daily newspaper-
    Matter is adjd to 07-11-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: As court is on leave. Board is discharged, case is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: COM SUM- 168/2021
    Advocate Neelam Mehta for plaintiff present.
    None for defendant.
    Exh.7- Affidavit of service alongwith News Paper notice filed by advocate for plaintiff. i.e. served.
    Adjourned for appearance to 04-03-2023.
    Next Purpose: APPEARANCE
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: COM SUM- 168/2021
    Advocate Nilam Mehta for plaintiff present.
    None for defendants.
    Exh.7 affidavit of service shows that summons duly served upon defendants through paper publication. But defendants failed to appear.
    Hence, Suit to proceed ex parte against defendant nos. 1 and 2.
    Adjourned for ex parte evidence to 19-04-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: COM SUM- 168/2021
    Authorized person on behalf of plaintiff bank present.
    Advocate Neelam Mehta for plaintiff present.
    Defendant ex parte.
    Exh.8 Adv. for plaintiff tendered affidavit of evidence of PW1
              Rakhi Bhuvan Kumari.
    O - R and R.
    Exh.9 Compilation of documents t.o.r.
    O - filed.
    Heard argument of learned advocate for plaintiff on exhibiting documents.
    Exh.10- Sanction Letter date 30/09/2015. (Page Nos. 1 to 3).
    Exh.11- Deed of Hypothecation Re Vehicles dated 30/09/2015.(Page Nos. 4 to 11).
    Exh.12- Letter of Undertaking re Loans/ Advocate dated 30/09/2015.
                 (Page Nos. 12 to 15).
    Exh.13- Particulars of Vehicles/ Machinery/ Equipment/ Livestock etc.
                 hypotheticated dated 30/09/2015. (Page No.16).
    Exh.14- Acknowledgement of Debt and Security dated 15/09/2018.
                 (Page No. 17).
    Exh.15- Plaintiffs Advocate Notice dated 18/07/2019. (Page Nos. 18 to 19).
    Exh.16- Defendants Statement of Account alongwith IT Certificate.
                 (Page Nos. 20 to 24).
    Exh.17- Authority Letter of Bank Manager dated 20/02/2023. (Page No. 25).
    Exh.18- Evidence closed pursis filed by advocate for plaintiff.
    Adjourned for final argument to 21-06-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: COM SUM- 168/2021
    Advocate Neelam Mehta for plaintiff present.
    Defendant ex parte.
    Exh.19- Written notes of argument filed by advocate for plaintiff.
    Adjourned for judgment to 27-06-2023.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: 27/06/2023 CORAM -City Civil and Addl. Sessions Judge SMT. S. S. TODKAR
                        (C. R. NO.3)
    COM SUM- 168/2021
    Plaintiff and their advocate are absent.
    Defendant ex parte.
    Exh.20- Ex parte judgment
    Judgment dictated in open court.
    F.R.S.R. following order is passed - ORDER
    1. Suit is decreed with costs.
    2. Defendant No.1 and 2 jointly and severally do pay to the plaintiff Bank a sum of Rs.8,92,922/-(Rupees Eight Lakhs Ninety Two Thousand Nine Hundred And Twenty Two Only)  alongwith further interest @ 10.45 percent p.a. from the date of filing of the suit till the realization of the entire amount within three (3) months from the date of this Order.
    3. Defendant No.1 and 2 jointly and severally do pay to the plaintiff Costs of Rs.5,000/- (Rupees Five Thousand Only) within three (3) months from the date of this Order.
    4. Decree be drawn up accordingly.
    5. Court fee, if any, be refunded/recovered as per rules.
    Nature Of Disposal: JUDGMENT
    Disposal Date: 27-06-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 7746/2021
    Filing Date: 30-10-2021
    First Hearing Date: 07th February 2022
    Decision Date: 27th June 2023
    Court Number And Judge: 3-Judge City Civil Court and Additional Sessions Judge

    Orders

    1
    Final Order 1Full order available
    27 Jun 2023

    Order Details: Copy of Judgment Pdf Text: Com.Sum.Suit. No.168/2021 1 Judgment MHCC040072752021 Presented on : 30102021 Registered on : 29122021 Decided on : 27062023 Duration : 1Y7M28D Exh.20 BOMBAY CITY CIVIL COURT, BORIVALI DIVISION AT DINDOSHI,GOREGAON, MUMBAI COMMERCIAL SUMMARY SUIT NO. 168 OF 2021 (CNR No.:MHCC040072752021) Canara Bank A Body corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act V of 1970 having its Head Office at 112, J. C. Road, Banglore 560 002 and Branch amongst…

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