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SUMMARY CIVIL SUIT - SUMMARY SUIT

UBI-E-Corp (Corporation Bank)VsSri Santosh P Parit +1 more

CNR MHCC01001005202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100281/2021
Registration Date
11 Mar 2021
Next Hearing Date
29 Sept 2026
Case Stage
ADMISSION DENIAL

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 37

    Case History / Proceedings

    Case History
    Date: 06-05-2021
    Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharged.
    Matter adjd to 17.08.2021.
    Next Purpose: REPORT
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Both the parties and their advocates are absent.
    L.O. at 12.00 p.m.
    Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Maya for the plff present.
    Matter is adjd to  12.10.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Court is on leave hence, matter is adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: None present.
    Matter is adjd for report on 05-05-2022
    Next Purpose: REPORT
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: REPORT
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: None for Plaintiff.
    None for defendant.
    No proper steps are taken since long time to serve writ of summons on defendant.  If no proper steps are taken by next date, suit would stand dismissed as per Rule 5 of Order IX of CPC.
    Matter adjourned to 20.10.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: Adv.Maya Mujumdar for plaintiff present.  She filed affidavit of service (Exh-2)  O-Filed.
    From the service affidavit it transpires that defendant No.2 is served through RPAD. However, service to defendant No.1 is incomplete.
    Plaintiff to take steps against defendant No.1.
    Matter is adj to 18/01/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: None for plaintiff.
    No steps are taken, in view of order dated 20/10/2022.
    Matter is adj to 23/03/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Maya Majumdar for plaintiff present.   She tendered draft Chamber of Summons along with affidavit seeking substituted service against defendant No.1
    O-Leave is granted to register the Chamber of Summons.
    Matter is adj to 13/07/2023 for hearing on C/S.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-07-2023
    
    Date: 13-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Manasi Manoj Pawaskar h/f Adv. Maya Mujumdar for plaintiff is present and prayed for extension of time to register the draft CS. Time extended.
    Matter is adj to 25.08.2023 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Maya Majumdar for plaintiff is present and tendered registered Chamber Summons No. 1269/23 along with affidavit in support.
    Order on CS 1269/23
    The Suit summons sent to defendant No. 1 for service through the RPAD returned unserved with the postal endorsement left.  The counsel for the plaintiff submits that the address on which the suit summons sent was the last known address.  The plaintiff has also filed affidavit in support of this Chamber summons.  Therefore, I find sufficient grounds to allow the chamber summons.
    Order
        5) CS No.1269/23 is allowed.
        6) The plaintiff is allowed to serve the suit summons under order 5 rule 20 of CPC i.e. by way of paper publication.
        7) Suit summons shall be published in daily local newspaper largly circulated in the area, where the defendant resides.
        8) Chamber summons No. 1269/2023 is disposed of accordingly.
    Ld. Counsel for plaintiff filed application under Order 2, Rule 2 of CPC. It is marked as Exh-3.
    Order below Exh-3
    In view of filing the present application under order 2 rule 2 of CPC and having regard to the submission of counsel for the plaintiff, the suit against defendant No. 2 stands withdrawn. Liberty to the plaintiff is given to file suit afresh, subject to the limitation and without prejudice to the rights and the defence of the defendant, if any.
    Application (Exh-3) is allowed.
    Matter is adj to 06.12.2023 for filing affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Maya Majumdar for plaintiff is present and filed affidavit of serviced. Taken on record. It is marked as Exh-4.
    Order below Exh-1
    The plaintiff has filed service affidavit in respect of defendant No.1 along with the copies of two daily news papers Navrashtra and Financial Express Pune Edition, after allowing to serve the writ of summons by way substitute serviced by the order dated 25.08.2023. The writ of summons appears to have been published on 18.09.2023.  Therefore, it is hereby declared that defendant No.1 is duly served.
    Despite the service of writ of summons, defendant No.1 failed to appear and therefore, the suit to proceed ex-parte against him.
    Matter is adj to 06.03.2024 for filing original documents and ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM  S. SHINDE-(C.R.NO.81)
    Representative of plaintiff is present  and his advocate is absent.
    Plaintiff is given last chance to take the steps.
    Matter is adj to 25.04.2024 for  filing documents and Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-04-2024
    
    Date: 25-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 08.07.2024 for filing original document and ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-07-2024
    
    Date: 08-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Akanksha Shukla h/f Adv. Maya Mujumdar for plaintiff is present and requested for adjournment to file Chamber summons.  Adjournment is granted.
    Matter is adj to 26.08.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-08-2024
    
    Date: 26-08-2024
    Business: COURT IS ON LEAVE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-11-2024
    
    Date: 19-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Akansha Shukla h/f Adv. Maya Majumdar for plaintiff is present and filed draft Chamber Summons for amendment in the cause title along with affidavit in support. O-Leave is granted to register the draft Chamber Summons.
    Matter is adj to 13.02.2024 for filing registered Chamber summons.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 13-02-2025
    
    Date: 13-02-2025
    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.2629/24 along with affidavit in support. She also filed pursis along with letter dated 15.01.2025. Taken on record. It is marked as Exh-5.
    Keep back for order.
    Order below CS No.2630/24
    Perused chamber summons and affidavit in support thereof.   Heard ld. counsel for the plaintiff. It is submitted that authorized signatory of the plaintiff Bank namely  Smt. Sambhabhi G. Kamath, had filed suit on behalf of the plaintiff bank as a Manager of plaintiff bank.  However, she is retired from the services of bank on 31.03.2021 and to support said contention filed letter dated 15.01.2025.  Therefore, the plaintiff bank has authorized Mr. Jitendra Singh Rawat, Senior Manager of plaintiff bank. The plaintiff bank has filed xerox copy of Authority Letter. Thus, considering facts and circumstances of the case, it is necessary to allow the plaintiff to delete the name of the earlier representative of the plaintiff bank and to substitute it with new representative of the plaintiff bank as mentioned in chamber summons. If chamber summons is allowed, no prejudice would cause to the defendant, as it will not change the nature of the suit. Hence, I proceed to pass following order-
    Order
    1. Chamber summons No. 2630 of 2024 is hereby allowed.
    2. The plaintiff is directed to carry out proposed amendment, as mentioned in chamber summons within 14 days.
    3. The plaintiff is directed to file amended copy of the plaint and supply it to the defendant.
     4. Chamber summons is disposed of accordingly.
    Matter is adj to 08.04.2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-04-2025
    
    Date: 08-04-2025
    Business: Court is on half day(first session) leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2025
    
    Date: 17-06-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Plaintiff failed to take steps. Hence, matter be kept for dismissal order.
    Matter is adj to 02.08.2025 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-08-2025
    
    Date: 02-08-2025
    Business: P. O. is on half day leave(in first session).
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-09-2025
    
    Date: 20-09-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Maya Majumdar for plaintiff is present through video conferencing and filed application for removal of caption dismissal. TOR and marked as Exh-5. O-Caption dismissal is removed.
    Counsel for plaintiff filed draft Chamber Summons for extension of time to carry out amendment along with affidavit in support. O-Leave is granted to register the draft Chamber Summons.
    Matter is adj to 30.10.2025 for filing registered Chamber summons.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 30-10-2025
    
    Date: 30-10-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Vaishanavi Thate h/f Adv. Maya Majumdar for plaintiff is present and filed registered Chamber summons No.2472/25  along with affidavit in support.
    The defendant and his counsel are absent.
    Matter is adj to 28.11.2025 for hearing on Chamber summons.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-11-2025
    
    Date: 28-11-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Plaintiff is given last chance to argue on Chamber summons.
    Matter is adj to 05.01.2026 for hearing on Chamber summons.
    Later on at 12.23 pm
    Adv. Vaishnavi Tathe h/f ADv. Maya Majumdar for plaintiff is present.
    Matter is adj to 05.01.2026 for hearing on Chamber summons.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-01-2026
    
    Date: 05-01-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Vaishnavi Thate i/b Adv. Maya Majumdar for plaintiff is present.
    Heard advocate for plaintiff on Chamber summons
    Order on CS No.2472/25
    Perused Chamber summons and Record. Heard Ld. Counsel for plaintiff. Plaintiff had filed Chamber summons No.2630/24 to substitute representative and it came to be allowed on 13.02.2025. Plaintiff was directed to carried out amendment within 14 days. The plaintiff has neither sought extension nor carried out amendment. However, took out present Chamber summons to seek extension to carry out amendment. The only contention of plaintiff is that due to inadvertence they failed to carry out amendment. Hence, in the interest of justice, it is necessary to allow Chamber summons and to give an opportunity to plaintiff to carry out amendment. Hence, I proceed to pass following order
    Order
    1.      Chamber summons is allowed, subject to costs of Rs.1,000/- to be paid to DLSA within 8 days.
    2.   Further, plaintiff to carry out amendment within 15 days without fail as per order passed in CS No. 2630/24.
    3.      Chamber summons No.2472/25 is disposed of accordingly.
    Matter is adj to 17.01.2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-01-2026
    
    Date: 17-01-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Vaishanavi Thate h/f Adv. Maya Majumdar for plaintiff is present through video conference and requested for adjournment. Adjournment is granted.
    Matter is adj to 23.02.2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-02-2026
    
    Date: 23-02-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Mr. Jitendra Singh Ravat, Age-32 years, Service, Samachar Marg, Mumbai, representative of plaintiff is present and admitted contents of evidence in affidavit and identified his signature.
    Adv. Maya Majumdar for plaintiff is present and filed amended plaint and affidavit of service of it. Taken on record.  On perusing affidavit of service of amended plaint, it appears that amended plaint sent to the defendant, is returned unserved.
    Advocate for plaintiff 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 06.04.2026 for hearing on exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 06-04-2026
    
    Date: 06-04-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. for plaintiff is present.
    Plaintiff is given last chance for hearing on exhibiting the documents.
    Matter is adj to 24/04/2026 for hearing on exhibiting the documents.
    Next Purpose: HEARING
    Next Hearing Date: 24-04-2026
    
    Date: 24-04-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Representative of plaintiff prsennt and field documents along wiht pursis. TOR and marked as Exh.08.
    He also field fursis intimating cost of Rs.1000/- is paid. TOR and marked as Exh.09
    Adv.Maya Mujumdar for plaintiff is present through VC.
    heard plaintiff in Exhibiting the documents.
    Matter is adj to 22-06-2026 for marking of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 22-06-2026
    
    Date: 22-06-2026
    Business: P. O. has not taken charge.
    As per Standing Order dated 123/2026, the charge of C.R.No.81 is with C.R.No.83.
    Board is discharged.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 20-07-2026
    
    Date: 20-07-2026
    Business: P. O. is on leave, so matter is adjourned to.....
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 06-08-2026
    
    Date: 06-08-2026
    Business: As Court is on training. Hence,Matter is adjourned
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 29-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100896/2020
    Filing Date: 20-01-2020
    First Hearing Date: 06th May 2021
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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