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SUMMARY CIVIL SUIT - SUMMARY SUIT

UBI-E-Corp (Corporation Bank)VsSri Ganesh Tulshiram Tilekar +1 more

CNR MHCC01001004202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 18th March 2026

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100305/2021
Registration Date
12 Mar 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 39 · Rule 2

    Case History / Proceedings

    Case History
    Date: 07-05-2021
    Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharge adjd to 18/08/2021.
    Next Purpose: REPORT
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to 16.10.2021  for report.
    Next Purpose: REPORT
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As per circular declared holiday
    Next Purpose: REPORT
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: None present.
    Matter is adjd to  01.04.2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: REPORT
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: None for Plaintiff.
    No Affidavit of Service is filed.  Plaintiff to take proper steps.
    Matter adjourned to 22/09/2022 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Adv. for plaintiff present.
    Advocate for plaintiff filed affidavit of service (Exh.02).
    From the affidavit it transpires that defendant no.1 is not served for the reason \''not found on the given address\''.
    However, defendant no.2 is duly served.   She seeks time to take proper steps against defendant no.1.  Time granted.
    In spite of service of writ of summons on 06.08.2021, defendant no.2 failed to cause appearance.  Hence, suit to proceed ex-parte against defendant no.2.
    Matter is adjd. to 19.12.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: None for plaintiff. No steps are taken to serve writ of summons on deft no.1.
    Matter is adj to 17.03.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: PO IS ON LEAVE (FIRST SESSION).
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 31-08-2023
    
    Date: 31-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Maya Mujumdar for plaintiff is present and tendered draft Chamber Summons for substitute service along with affidavit in support. O-Leave granted to register the draft CS.
    Matter is adj to 05.12.2023 for filing registered CS and CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-12-2023
    
    Date: 05-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Advocate Maya Muzumdar for the plaintiff present and tendered register CS No. 1585 of 2023 alongwith its affidavit in support.
    Court is busy in recording evidence in departmental enquiry No.150/23. Hence, remaining  morning and afternoon board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 09.02.2024 for CS Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-02-2024
    
    Date: 09-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Maya Mujumdar for plaintiff is present.
    Order on chamber summons No.1585/2023
    On perusing service affidavit at Exh-2, it appears that writ of summons was sent by RPAD to the defendant, which is returned with remark Addressee is not on given address. Therefore, plaintiff wants serve writ of summons by way of substitute service by publishing writ of summons in two news papers. Hence, considering the facts, chamber summons No. 1585/2023 is allowed and the plaintiff is allowed to serve writ of summons to the defendant by way of substitute service by publishing in two newspapers having wide circulation where the defendant lastly resided.
    Chamber summons No.1585/2023 is disposed of accordingly.
    Matter is adj to 10.04.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Maya Mujumdar for plaintiff is present and filed affidavit of service. Taken on record. It is marked as Exh-3.
    Advocate for plaintiff is also filed application for withdrawal of claim against defendant No.2 under Order-2, Rule-2 of CPC. Taken on record. It is marked as Exh-4.
    Matter is adj to 09.05.2024 for order on Exh-3 and 4.
    Next Purpose: ORDER
    Next Hearing Date: 09-05-2024
    
    Date: 09-05-2024
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Order below Exh-1
    Perused affidavit of service at Exh-3 record. Heard Ld. Counsel for the plaintiff. On perusing affidavit of service at Exh-3 and bailiff report, it appears that plaintiff has served writ of summons on the defendant No.1 by way of substitute service by way of publishing it in two news papers on 28.03.2024. The defendant No.1 failed to appear. Hence, matter be proceeded ex-parte against Defendant No.1.
    Order below Exh-4
    Perused the application. Heard the counsel for the plaintiff. According to her, defendant No.2 is a guarantor and it is under corporate insolvency resolution process under IBC and moratorium u/s 14 of the court is running after the company and therefore, the plaintiff does not want to proceed against defendant No.2 and wants to withdraw the suit with the prayer of granting leave under Order-2, Rule-2 of the CPC.
    Application (Exh-4) is allowed. The suit sands withdrawn against defendant No. 2 and leave  under Order-2, Rule-2 of CPC to seek the reliefs is granted, subject to the law of limitation.
    Matter is adj to 09.09.2024 for filing original documents and ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-09-2024
    
    Date: 09-09-2024
    Business: Court is on half day leave(in first session).
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-11-2024
    
    Date: 08-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Akanksha Shukla h/f Adv. Maya Majumdar for plaintiff is present and filed draft Chamber Summons for substitute representative along with affidavit in support. O-Leave is granted to register the draft Chamber Summons.
    Matter is adj to 22.01.2025 for filing registered Chamber summons.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 22-01-2025
    
    Date: 22-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Akanksha Shukla h/f Adv. Maya Majumdar for plaintiff is present and filed registered Chamber summons No.2628/24          along with affidavit in support.
    Order on chamber summons No.2628/2024
    Perused Chamber summons and record. Heard Ld. counsel for plaintiff. It is submitted that suit was filed through Mrs. Sambhabhi G. Kamath to the other branch of plaintiff bank. Therefore, plaintiff Bank has authorised Jitendra Singh Rawat, Senior Manager of Plaintiff Bank to give evidence and to do all necessary act in the suit. True copy of Letter of Authority in the name of Mr. Jitendra Singh Rawat has been annexed with affidavit in support of Chamber summons. Thus, considering development after filing of the suit, it is necessary to allow the plaintiff to carry out amendment as prayed in the chamber summons. Hence, I proceed to passe following order-
    Order
    1.      Chamber summons No.2628/24 is hereby allowed.
    2.      Plaintiff is directed to carry out necessary amendment within 14 days and filed amended copy of plaint and serve amended copy of plaint to the defendant.
    3.  Chamber summons No.2628/2024 is disposed of accordingly.
    Matter is adj to 06.03.2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-03-2025
    
    Date: 06-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Lakhani for plaintiff is present and filed amended copy of plaint. Taken on record.
    Matter is adj to 01.04.2025 for filing affidavit of service of amended plaint.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-04-2025
    
    Date: 01-04-2025
    Business: P.O. IS ON LEAVE
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-06-2025
    
    Date: 09-06-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Akanksha Shukla h/f Adv. Maya Majumdar for plaintiff is present and filed affidavit of service of amended plaint. Taken on record. It is marked as Exh-5.
    On perusing affidavit of service, it appears that writ of summons sent to the defendant, through bailiff, is returned with remark No such person in the address.
    Matter is adj to 05.08.2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-08-2025
    
    Date: 05-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Mr. Jitendra Singh Rawat, age-32, Service, Mumbai Samachar Marg, representative of plaintiff is present and admitted contents of evidence in affidavit and identified his signature.
    Adv. Aakansha Shukla h/f Adv. Maya Majumdar for plaintiff is present and filed Evidence affidavit and list of documents along with documents. Taken on record. They are marked as Exh-6 and 7   respectively.
    Matter is adj to 02.09.2025 for hearing on exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 02-09-2025
    
    Date: 02-09-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 25.09.2025 for hearing on exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 25-09-2025
    
    Date: 25-09-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Mr. Jitendra Singh Rawat, representative of plaintiff is present.
    Adv. Maya Majumdar for plaintiff is present.
    Heard counsel for plaintiff on exhibiting documents.
    Matter is adj to 30.10.2025 for marking of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 30-10-2025
    
    Date: 30-10-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Vaishnavi Tathe h/f Adv. Maya Majumdar for plaintiff is present.
    Perused documents filed by plaintiff vide list Exh-7. Documents at Sr. no.1 to 9, 13 and 14 are original, documents at Sr. No.10 and 11 are verified from original, document at Sr. No.12 is statement of accounts supported by certificate u/s 65B of The Indian Evidence Act. Hence, these documents are marked as exhibits.  Document at Sr. no.15 is Gazette Notification is marked as Article.
    Exh-8 Loan Application
    Exh-9 Credit Sanction Intimation
    Exh-10 Original Agreement of Term Loan
    Exh-11 Original Agreement for Hypothecation
    Exh-12 Original Letter of undertaking/declaration
    Exh-13 Original Delivery receipt
    Exh-14 Legal notice dated 25.11.2019 sent by plaintiff bank to defendant No.1.
    Exh-15 Legal notice dated 25.11.2019  sent by plaintiff bank to Premier Ltd.
    Exh-16 True copy of reply dated 28.11.2019 by premier Ltd. to Plaintiffs demand notice sent through its advocate verified from original.
    Exh-17  True copy of reply dated 05.12.2019 by plaintiff's advocae to letter dated 28.11.2019 verified from original.
    Exh-18 (colly) Print out of statement of accounts supported by certificate u/s 65B of The Indian Evidence Act.
    Exh-19 Original Acknowledgement of debt by defendant.
    Article-A Gazette Notification.
    Matter is adj to 03.12.2025 for further evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-12-2025
    
    Date: 03-12-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Vaishnavi Tathe h/f Adv. Maya Majumdar  for plaintiff is present and filed evidence close pursis. TOR and marked as Exh-20.
    Matter is adj to 12.01.2026 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-01-2026
    
    Date: 12-01-2026
    Business: Court is on half day leave(in morning session)
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-02-2026
    
    Date: 09-02-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Maya Majumdar for plaintiff is present through video conference and requested for adjournment. Adjournment is granted.
    Matter is adj to 02.03.2026 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-03-2026
    
    Date: 02-03-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Maya Majumdar for plaintiff is present and filed an application  for leave under Order-2, Rule-2 of Civil Procedure Code. TOR and marked as Exh-21.
    Heard advocate for plaintiff on Exh-21
    Matter is adj to 18.03.2026 for Order on Exh-21.
    Next Purpose: ORDER
    Next Hearing Date: 18-03-2026
    
    Date: 18-03-2026
    Business: Decreed
    Nature Of Disposal: DECREED
    Disposal Date: 18-03-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100895/2020
    Filing Date: 20-01-2020
    First Hearing Date: 07th May 2021
    Decision Date: 18th March 2026
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Mar 2026

    Order Details: Ex-parte Judgement Pdf Text: MHCC010010042020 Presented on 20/01/2020 Registered on 12/03/2021 Decided on 18/03/2026 Duration 06Y: 01M: 29D Exhibit 22 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 305 OF 2021 UBI ( e-Corpn) Corporation Bank ] A body corporate constituted by and under ] the provisions of the the Banking Companies ] (Acquisitions & Transfer of Understanding) ] Act, 1980 having its head office at Mangalore ] and also at Veena Chamber 21, Dalal…

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