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SUMMARY CIVIL SUIT - SUMMARY SUIT

UBI (E-Corporation Bank)VsSri Ganesh Shrirang Parthe +1 more

CNR MHCC01001079202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 24th September 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100382/2021
Registration Date
05 Apr 2021

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: 07-06-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 13/07/2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 16.09.2021  for Report.
    Next Purpose: REPORT
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Adv. Ms. Maya Majumdar for Plaintiff present and filed Affidavit of
    Exh. 5 	Service.  O : T.O.R.
    	None present for Defendant.
    	Matter adj. to 24/03/2022 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: PO is on training.  Hence, matter adj. to
    Next Purpose: ORDER
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: None for plaintiff.
    None for defendant.
    Affidavit of service of writ of summons on Defendant No. 1 and 2 is filed on record 08.02.2022. The affidavit reveals service of summons is complete on 07.08.2021. defendants have not cause their appearance till date. Hence, suit to proceed ex-parte.
    Matter is adjd. to 23.08.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: None for Plaintiff.
    Matter adjourned to 21.11.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: None for plaintiff.
    No ex-parte evidence led today as well.
    Matter is adj to 06/02/2023 for ex-parte evidence as a last chance.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: As Court is busy in dictating judgment in Suit No.4910 of 2010, Summary Civil Suit No.462/14 and Summary Civil Suit No.962/2015 remaining first session board is discharged.
    Parties are at liberty to tender affidavit in chief, reply, applications, etc. if any.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Maya Majumdar for plaintiff present.   She seeks time to file ex-parte evidence.
    Time granted.
    Matter is adj to 15/06/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Manasi Pawaskar for plaintiff present.
    Letter/intimation is received on 03.05.2023 about declaring moratorium u/s 14 of the Insolvency and Bankruptcy Code.       TOR. It is marked as Exh-3. O-Allowed.
    Adjournment application filed by Ld. advocate for plaintiff. TOR.
    It is marked as Exh-4. O-Allowed.
    Matter is adj to 18.09.2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Manasi Manoj Pawaskar h/f Adv. Maya Majumdar for plaintiff present and filed application under order 2, Rule 2 of CPC. It is marked as Exh-5.
    Order below Exh-5
    Perused the application. Heard the counsel for the plaintiff. She submits that defendant No.2 is guarantor and he is under corporate insolvency resolution process under IBC code and plaintiff cannot proceed in such a situation against defendant No. 2 and therefore, wants to withdraw suit against him.
    In view of the submission of the counsel for the plaintiff and filing the present application, application Exh-5 is allowed. Suit stands withdrawn againt defendnat No.2, subject to limitation and without prejudice to right of defendant No. 2.
    Matter is adj to 01.11.2023 for filing evidence affidavit (ex-parte).
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-11-2023
    
    Date: 01-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Matter is adj to 14.02.2024 for filing original document and             ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The representative of plaintiff and Adv. Maya Muzumdar for plaintiff is present. Plaintiff tendered evidence and list of documents along-with documents. Taken on record. It is marked as Exh- 6 and 7 respectively.
    Matter is adj to  10/04/2024  for Marking documents.
    Next Purpose: FOR TAKING STEPS
    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.
    Documents at Sr. No.1 to 6, 14 are original, document at Sr. No.7 and 8 are office copies, document at Sr. No.9 to 11 are verified from original, documents at Sr. No.12 and 15 are statement of accounts supported by certificate u/s 65B of The Indian Evidence Act. Hence, these documents are marked as Exhibits.
    Exh-8 Loan application.
    Exh-9 Credit sanction Intimation.
    Exh-10 Original agreement for term loan.
    Exh-11 Original agreement for hypothication.
    Exh-12 Original letter of Undertaking.
    Exh-13 Original delivery receipt.
    Exh-14 Office Copy of letter written by plaintiff Bank to the defendant.
    Exh-15  Office copy of Legal notice dated 20.11.2021.
    Exh-16  Legal notice dated 25.11.2019 verified from original.
    Exh-17  Reply dated 28.11.2019 verified from original.
    Exh-18  Reply dated 05.12.2019 verified from original.
    Exh-19(colly)  Statement of accounts and NPA statement supported by certificate u/s 65B of The Indian Evidence Act.
    Exh-20 Original acknowledgment of debt of defendant.
    Counsel for plaintiff also filed evidence close pursis. Taken on record. It is marked as Exh-21  .
    Matter is adj to 07.05.2024 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-05-2024
    
    Date: 07-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Court is busy in dictating judgment in Suit No. 792/21, 793/21 and summons for judgment No.105 of 2023 and  High Court Time Bound Suit No.137/18 and other urgent matters. Hence, today\''s board is discharged. Parties are liberty to file applications, notice of motion and affidavits, if any.
    Matter is adj to 09.07.2024 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-07-2024
    
    Date: 09-07-2024
    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 for ex-parte argument.
    Matter is adj to 12.08.2024 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-08-2024
    
    Date: 12-08-2024
    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.
    kept back.
    Later on 12.50
    Adv. Maya Majumdar for plaintiff is present.
    Heard counsel for the plaintiff Ex-parte arguments.
    Matter is adj to 26/08/2024 for Ex- parte Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 26-08-2024
    
    Date: 26-08-2024
    Business: COURT IS ON LEAVE
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 12-09-2024
    
    Date: 12-09-2024
    Business: Court is on leave.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 24-09-2024
    
    Date: 24-09-2024
    Business: 1)Summary Suit No. 382 of 2021 is hereby decreed with the costs.
    Nature Of Disposal: DECREED
    Disposal Date: 24-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100891/2020
    Filing Date: 20-01-2020
    First Hearing Date: 07th June 2021
    Decision Date: 24th September 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    24 Sept 2024

    Order Details: Ex-parte Judgement Pdf Text: MHCC010010792020 Presented on 20/01/2020 Registered on 05/04/2021 Decided on 24/09/2024 Duration 04Y: 08M: 04D Exhibit 22 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 382 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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