UBI-E-Corp (Corporation Bank)VsSri Kuntoji Nagaraj M. +1 more

Date: 07-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: None present.
Matter adjd for report to 22-10-2021.
Next Purpose: REPORT
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: None present.
Matter adjd for Steps to 16.12.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: PO is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-02-2022

Date: 24-02-2022

Date: 28-04-2022
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: None present.
Later on at 01.18 pm.
Adv. Maya Majumdar for plaintiff present.
Matter Adjd for taking steps on 05/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Adv. Maya Majumdar for plaintiff present.
None present for defendant.
Exh.02 - Service affidavit. O-seen.
Matter Adjd for ex-parte order on 12/12/2022.
Next Purpose: ORDER
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: None present.
Order below Exh.01
Defendants duly served as per Exh.02 but they failed to appear. Hence to proceed ex-parte against defendants.
Matter Adjd for ex-parte evidence on 14/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: None present.
Matter Adjd for ex-parte evidence on 06/04/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: Adv. Pratiksha Gawde H/f Maya Majumdar for plaintiff present.
None present for defendant.
Time sought. Time granted.
Matter Adjd for ex-parte evidence on 06/07/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: P.O. is on leave. Hence, matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Plaintiff absent when called.
Adv. Maya Majumdar for plaintiff is present.
Matter Adjd for argument to 17.10.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-01-2024

Date: 25-01-2024
Business: Matter pertains to C. R. No. 83.
Adv Maya Majumdar for plaintiff present.
Heard the Ld. Adv for plaintiff on Exh. 03.
Order below Exh. 03 -
The plaintiff has filed present application for permitting the plaintiff to withdraw its plaint against defendant no. 2 with leave under order 2 rule 2 of CPC for filing further proceeding under the same cause of action.
It is submitted that the defendant no. 2 being Guarantor is under Corporate Insolvency Resolution Process under the IBC Code and Moratorium u/s 14 of the Code is running after the company.  Therefore the plaintiff could not proceed against the defendant no. 2.  Thus the plaintiff wanted leave under order 2 Rule 2 of CPC so that once the Moratorium gets over it can sue against defendant no. 2.
The plaintiff has filed copy of order dated 29/01/2021 passed by National Law Company Tribunal, Mumbai Bench in CP(IB)1224/MB/2020.  The Tribunal vide said order Prohibiting the institution of suits or continuation of pending suits or proceedings against the Corporate Debtor including execution of any Judgment, Decree or order in any Court of law, Tribunal, Arbitration Panel or other authority.  The defendant no. 2 joined as a party to the suit being Guarantor of defendant no. 1.  Thus considering this aspect the application stands allowed in terms of prayer clause (a) subject to keeping the question of limitation open.  Application stands disposed of.
Matter stands Adj for Ex-parte Evidence on 22/03/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Court is Vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-06-2024

Date: 18-06-2024
Business: None present.
Matter is adjourned to 21.08.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-08-2024

Date: 21-08-2024
Business: Adv. Akanksha Shukla for plaintiff present.
Matter is adjourned to 21.12.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-12-2024

Date: 21-12-2024
Business: Adv. Shukla h/f Adv. Maya Mujumdar for plaintiff present and filed an application for substitution of the earlier Branch Manger as she retired. Taken on record and marked as Exh.04. Order - Permission granted.
Matter is adjourned to 17.02.2025 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-02-2025

Date: 17-02-2025
Business: None present.
Matter is adjourned to 10.06.2025 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-06-2025

Date: 10-06-2025
Business: Adv. Akanksha Shukla h/f Adv. Maya Mujumdar for plaintiff present.
Matter is adjourned to 06.10.2025 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: Plaintiff present.
Adv. Vaishnvi Tathe h/f. Maya Mujumdar for plaintiff present and filed evidence affidavit of Mr. Jitendra Singh Raval along with list of documents taken on record and marked as Exh.05 and Exh.06 Order - Evidence affidavit read and recorded and production allowed.
Matter is adjourned to 22.12.2025 for Hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 22-12-2025

Date: 22-12-2025
Business: Adv. Vaishanavi Tathe h/f Adv. Maya Mujumdar for plaintiff present through VC.
Matter is adjourned to 23.02.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 23-02-2026

Date: 23-02-2026
Business: Adv. Maya Mujumdar for plaintiff present through VC.
ORDER ON DOCUMENTS
Suit has proceeded Ex-parte hence, all documents are marked as exhibits.
Exh.07 - Original Loan Application.
Exh.08 - Original Credit Sanction intimation.
Exh.09 - Original agreement for term Loan.
Exh.10 - Original Agreement for Hypothecation of vehicles.
Exh.11 - Original letter undertaking/declaration.
Exh.12 -  Original Delivery Receipt.
Exh.13 - Copy of letter dt.22.03.2014.
Exh.14 - Copy of legal notice dt.11.11.2019.
Exh.15 - Copy of the reply dt.25.11.2019.
Exh.16 - Copy of letter dt.05.12.2019.
Exh.17 - Copy of the letter dt.02.12.2019.
Exh.18 - Certified statement of accounts and NPA statement.
Exh.19 - Original acknowledgment of Debt by defendant.
Exh.20 - 65-B Certificate.
Exh.21 - True copy of Gazette Amalgamation Notification.
Matter is adjourned to 27.04.2026 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: Adv. Maya Mujumdar for plaintiff present through VC.
Matter is adjourned to 24.06.2026 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: Suit is Ex-parte.
Adv. Maya Mujumdar for plaintiff is present.
On 23.02.2026 the then Presiding Officer marked Exh.07 to Exh.21. However, neither exhibit numbers are written on document nor those were signed by the then Presiding Officer. Hence, exhibit numbers are written today on the documents and proceed to sign today.
Matter is adjourned to 29.07.2026 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-07-2026

Date: 29-07-2026
Business: Suit is Ex-parte.
Adv. Maya Mujumdar for plaintiff is present through VC.
Matter is adjourned to 14.08.2026 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-08-2026

Date: 14-08-2026
Business: Suit is Ex-parte.
Adv. Simran Kazi i/b Adv. Maya Mujumdar for plaintiff is present through VC.
Matter is adjourned to 22.09.2026 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-09-2026

Date: 22-09-2026
Business: Suit is Ex-parte.
Adv. Maya Mujumdar for plaintiff is present through VC.
Matter is adjourned to 17.10.2026 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-10-2026

Registration Number: 100304/2021
Transfer Date: 01-01-2024
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 83 - judge 904

Filing Number: 101424/2020
Filing Date: 31-01-2020
First Hearing Date: 07th May 2021
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE