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SUMMARY CIVIL SUIT - SUMMARY SUIT

UBI-E-Corp (Corporation Bank)VsSri Amit Prasad Shinde +1 more

CNR MHCC01001006202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100291/2021
Registration Date
11 Mar 2021
Next Hearing Date
03 Nov 2026
Case Stage
CHAMBER SUMMONS

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 06-05-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 17/08/2021 for Report
    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: 20-08-2022
    
    Date: 20-08-2022
    Business: As Court busy in arguments in Summons for Judgment No.38 of 2017 and dictating judgment in Sessions Case No.1865 of 2019, hence, board is discharged.
    Matter adjourned to 07.11.2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: None present for plaintiff.
    KB
    LO at 03.05 pm
    Adv.Maya Majumdar for plaintiff present. She filed affidavit of service of writ of summons, Exh.2.
    From the affidavit it transpires that defendant No.2 is duly served on in the month of August 2021 by RPAD. The acknowledgement to that effect is filed on record.
             No report as to service on defendant No.1 is filed.
           Inspite of service defendant No.2 failed to cause appearance. Hence, suit to proceed ex-parte against defendant No.2.
           Ld.Adv.for plaintiff seeks re-issuance of writ of summons against defendant No.1.
    O-Re-issue writ of summons. Returnable on 20.01.2023.
    Matter is adj to 20.01.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: None for plaintiff.
    Plaintiff to take proper steps.
    Matter is adj to 15/04/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-04-2023
    
    Date: 15-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    No steps are taken.
    Matter is adj to 27/07/2023 for steps by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    NOBTOB by way of praecipe filed by Adv.Pratiksha Gawande h/f Adv. Maya Majumdar for plaintiff (Exh-3).   She filed application (Exh-4) requesting this court for placing the matter before lok-adalat.
    In view of the request made, matter is refer to lok-adalat.
    Authorized representative of plaintiff to remain present before lok-adalat.  Notices waived.
    Matter is adj to 30/04/2023 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 30-04-2023
    
    Date: 30-04-2023
    Business: None present.
    Adj. to 10/08/2023.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Suit summons is not yet served on the defendant No.1. The plaintiff is not taking steps to serve the suit summons on defendant No.1.
    Matter is adj to 02.09.2023 for dismissal order against defendant No.1.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Matter is adj to 30.09.2023 dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and its advocate are absent.
    Order below Exh-1
    The plaintiff and its counsel are absent. The suit is instituted in the year 2021. The suit summons is not yet served on the defendant No. 1. Despite adjourning the matter many time  for taking the steps, the plaintiff failed to take steps. By observing on 10.08.2023 that the suit summons was not served on defendant No.1 and plaintiff was not taking steps, matter was adjourned to 02.09.2023 for dismissal as against defendant No.1. On 02.09.2023 neither plaintiff nor its advocate was present and then, the matter was adjourned to 30.09.2023 i.e. today. Today also the plaintiff and its counsel are absent. Hence, the suit is hereby dismissed against defendant No. 1 under Order-9, Rule-2 of CPC.
    Matter is adj to 30.11.2023 for filling original documents, if any, and ex-parte evidence as against defendant No. 2.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 30-11-2023
    
    Date: 30-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Maya Majumdar for plaintiff is present and filed drant NM for setting aside the order dated 30.09.2023 along with affidavit in support. O-Leave granted to register the draft NM.
    Matter is adj to 12.02.2024 for tendering registered NM and hearing on it.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Representative of the plaintiff is present and filed registered Notice of Motion No.4532/2023 along with affidavit in support.
    The defendant and his counsel are absent.
    Matter is adj to 18.03.2024 for filing affidavit of service of Notice of Motion.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-03-2024
    
    Date: 18-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff is given last chance to file affidavit of service.
    Matter is adj to 03.05.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-05-2024
    
    Date: 03-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Representative of the plaintiff is present and filed affidavit of service of Notice of motion. Taken on record.
    On perusing affidavit of service, it appears that Notice of motion sent through RPAD to the defendants, is served on defendant No.1 on 24.02.2024 and on defendant No.2 on 23.02.2024.
    Matter is adj to 24.06.2024 for filing reply to notice of motion.
    Next Purpose: REPLY
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    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.
    The defendants and their counsel are absent.
    The defendants failed to file reply to notice of motion. Hence, notice of motion is kept for hearing.
    Matter is adj to 06.08.2024 for hearing on notice of motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2024
    
    Date: 06-08-2024
    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.
    Heard counsel for the plaintiff on notice of motion No.4532/23.
    Matter is adj to 20.08.2024 for order on notice of motion No.4532/23.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-08-2024
    
    Date: 20-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    FRSR following order is passed on NM No.4532/23
    Order
    1.Notice of Motion No.4532 of 2023 is allowed subject to costs of Rs. 2,000/- to be paid to DLSA, Mumbai within a period of one week from the date of the order.
    2.After complying order of costs, suit against defendant No.1 be restored to its original file.
    3.After restoring suit against defendant No.1, plaintiff is directed to serve writ of summons to the defendant No. 1 within a period of one month.
    4.Notice of Motion No. 4532 of 2023 is disposed of  accordingly.
    Matter is adj to 17.10.2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-10-2024
    
    Date: 17-10-2024
    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 application for extension of time to deposit costs. Taken on record. It is marked as Exh-5. O-Allowed. The plaintiff is directed to deposit amount within one week.
    Matter is adj to 26.11.2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-11-2024
    
    Date: 26-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Representative of counsel for plaintiff is present and filed pursis about intimating costs of Rs.2,000/- is paid to DLSA. Taken on record. It is marked as Exh-6.
    Plaintiff has complied the order passed in NM No. 4532/23. Hence, suit against defendant No.1 is restored. The plaintiff is directed to serve writ of summons to defendant No.1.
    Matter is adj to 05.02.2025 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-02-2025
    
    Date: 05-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Aakanksha Shukla h/f Adv. Maya Majumdar for plaintiff is present and filed affidavit of service. Taken on record. It is marked as Exh-7. O-Put up for order.
    Matter is adj to 18.03.2025 for Order on Exh-7.
    Next Purpose: ORDER
    Next Hearing Date: 18-03-2025
    
    Date: 18-03-2025
    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 through video conferencing
    Keep back.
    Order below Exh-1
    Perused affidavit of service at Exh-7. It appears that writ of summons sent to defendant No.1, is returned with remark unclaimed.  Further, on perusing postal track report, it appears that it is mentioned door locked-intimation served. Thus, it appears that defendant No.1 is avoiding service of summons. Defendant No.1 failed to appear. Hence, matter is proceeded ex-parte against defendant No.1.
    Matter is adj to 08.05.2025 for taking steps by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-05-2025
    
    Date: 08-05-2025
    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.
    As court is busy in dictating order in SJ No.322/22, 323/22, 650/22, 651/22, 47/23, 118/15, draft NM No.4913/12 and 4914/12, remaining board is discharged. Parties are liberty to file applicantions and documents, if any.
    Matter is adj to 11.08.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-08-2025
    
    Date: 11-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Maya Majumdar for plaintiff is present through video conferencing and requested for adjournment. Adjournment is granted as a last chance.
    Matter is adj to 15.10.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-10-2025
    
    Date: 15-10-2025
    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 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 10.12.2025 for filing registered Chamber summons and affidavit of service of it.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 10-12-2025
    
    Date: 10-12-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Vaishnavi Thathe h/f Adv. Maya Majumdar for plaintiff is present and filed registered Chamber summons No.2659/25          along with affidavit in support.
    Heard advocate for plaintiff on Chamber summons.
    Order below CS No.2659/25
    Perused chamber summons and affidavit in support thereof.   Heard ld. counsel for the plaintiff. It is submitted that plaintiff bank had filed suit through Mr. B. Shyambhai G. Kamath, Manager of plaintiff bank. However, he is retired from plaintiff bank. Therefore, the plaintiff bank has authorized Shri. Jitendra Singh Ravat, Senior Manager, Union Bank of India, M. S. Marg Branch, Fort, Mumbai vide authority letter dated 02.02.2024. The plaintiff has filed xerox copy of said Authority letter dated 02.02.2024 to support their contention. 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 the schedule annexed to 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. 2659 of 2025 is hereby allowed.
        2. The plaintiff is directed to carry out proposed amendment, as per schedule annexed to the 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 25.02.2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-02-2026
    
    Date: 25-02-2026
    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 take the steps.
    Matter is adj to 13.04.2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-04-2026
    
    Date: 13-04-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Maya Muzumdar for plaintiff present, and requested for adjournment for compliance. O-Granted as last chance.
    Matter is adj to 15-06-2026 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2026
    
    Date: 15-06-2026
    Business: None present
    Plaintiff was given last chance to take steps. Plaintiff failed to take the steps. Hence, kept for dismissal order.
    Matter is adj to 29-08-2026 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-08-2026
    
    Date: 29-08-2026
    Business: Adv. Simran Kazi for plaintiff is present and filed draft Chamber Summons for along with affidavit in support. TOR. O-Leave is granted to register the draft Chamber Summons.
    She also filed an application for remove dismissal caption. TOR and marked as Exh.08.O-Other side to say.
    The defendant and his counsel are absent.
    Matter is adj to 23-09-2026 for filing registered CS/ filing Say.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 23-09-2026
    
    Date: 23-09-2026
    Business: P O IS ON LEAVE, So Matter is Adjourn to.....
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 03-11-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100892/2020
    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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