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SUMMARY CIVIL SUIT - SUMMARY SUIT

Bank of India (Nationalized Bank)VsRonak Vasant Naik

CNR MHCC01002838202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 05th August 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100313/2020
Registration Date
31 Jul 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 24-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 20.03.2021  for Report.
    Next Purpose: REPORT
    Next Hearing Date: 20-03-2021
    
    Date: 20-03-2021
    Business: Both the parties and their advocate are absent.
    Matter is adjd to 28.06.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: Both the parties and their advocates are absent.
    Hence, delay the matter.
    Matter is adjd to 27.08.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: COURT IS VACANT
    Next Purpose: REPORT
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: Plaintiff and Defendant absent.
    Adv. Ashok for Plaintiff is present.
    Matter is adjd for Report to 17.02.2022.
    Next Purpose: REPORT
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Adv A.V Kode for plaintiff present.
    None for  defendant.
    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: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. A. V. Kode for Plaintiff present and application for issuance of writ of summons (Exh.02).
    O-Issue writ of summons to defendants.
    None for Defendant.
    Matter adjourned to 07.11.2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: Adv.A.V. Kode for plaintiff present. He seeks time to file report / service affidavit. Time granted.
    Matter is adj to 05.01.2023 for report/service affidavit.
    Next Purpose: REPORT
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: Adv.Viswanath Iyer h/f Adv.A.V. Kode for plaintiff present.   He submits that summons are served however, he needs some time to file service affidavit. Time granted.
    Matter is adj to 10/03/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-03-2023
    
    Date: 10-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Ashok Kode for plaintiff present.
    At the request of advocate for plaintiff matter is kept back.
    Matter called out at 1.41pm
    Adv.Ashok Kode for plaintiff present.  He filed affidavit of service (Exh-3).
    From the affidavit it transpires that defendant is served with the writ of summons on 24/12/2022 through RPAD.  Despite service, defendant failed to cause appearance.  Hence, suit to proceed ex-parte.
    Matter is adj to 12/06/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Adv. Ashok V. Kode for the plaintiff present and prayed for adjournment.
    Matter is adj to 22.08.2023 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Ashok Kode for plaintiff is present and filed claim affidavit, list of document and evidence close pursis. TOR. They are marked as Exh.-4, 5 and 6 respectively.
    Matter is adj to 21.11.2023 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Ashok Kode for plaintiff is present.
    Matter is adj to 01.02.2024 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-02-2024
    
    Date: 01-02-2024
    Business: P.O. IS ON LEAVE
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-02-2024
    
    Date: 21-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Ashok V. Kode for plaintiff is present.
    Keep back.
    Later on at 1.39 pm.
    Adv. Ashok V. Kode for plaintiff is present.
    Heard Advocate for plaintiff on admission and denial of documents.
    The documents at Sr. No. 1 to 6 are original documents, document at Sr. No. 7 is office copy and document at Sr. No.9 is computer generated statement of accounts is supported by certificate under Bankers Book of Evidence Act, 1819, document at Sr. No.8 is office copy of authority letter. The documents at Sr. No.1 to 7 and 9 except are marked and exhibited.
    Exh-7 Original Demand promissory note dated 17.07.2014
    Exh-8 Original Bearer Letter dated 17.07.2014
    Exh-9 Original Installment Letter dated 17.07.2014
    Exh-10 Original L 516 Multipurpose document dated 17.07.2014.
    Exh-11  Original hypothecation Cum Loan agreement dated 17.07.2014
    Exh-12 Original  acknowledgement of debt and securities dated 15.10.2017
    Exh-13 Office copy of Legal notice dated 15.02.2019
    Exh-14 Computer generated statement of accounts is supported by certificate under Bankers Book of Evidence Act, 1819.
    Counsel for the plaintiff already filed evidence close pursis at Exh-6
    Matter is adj to 07.03.2024 for further evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-03-2024
    
    Date: 07-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv Ashok V. Kode for the plaintiff is present.
    Keep back.
    Later on at 1.03 p.m.
    Adv Ashok V. Kode for the plaintiff is present and requested for adjmnt.
    Matter is adj to 22.04.2024 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-04-2024
    
    Date: 22-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The matter is very old. The plaintiff is given last chance to take steps.
    Matter is adj to 27/06/2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-06-2024
    
    Date: 27-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Ashok V. Kode for plaintiff is present and filed additional evidence affidavit along with authority letter. Taken on record. They are marked as Exh-4A  and 15 respectively  .
    Matter is adj to 22.07.2024 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-07-2024
    
    Date: 22-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Ashok V. Kode for plaintiff is present.
    Heard council for plaintiff.
    Matter is adj to 05/08/2024 for Ex-parte Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 05-08-2024
    
    Date: 05-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Judgment is marked as Exh-16.
    FRSR following order is passed
    Order
    1)Summary Suit No. 313 of 2020 is hereby decreed with the costs.
    2)The defendant shall pay an amount of Rs. 8,25,056/- (Rupees Eight lakhs Twenty Five Thousand Fifty Six only) to the plaintiff.
    3)The defendant shall pay to the plaintiff simple interest on Rs. 6,35,556/- at the rate of 7 percent per annum from 04/03/2020, the date of filing of suit  till its full realization.
    4)The plaintiff may be entitled to get refund the court-fees paid, if provided for in Rules.
    5)The decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 05-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103091/2020
    Filing Date: 04-03-2020
    First Hearing Date: 24th September 2020
    Decision Date: 05th August 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Aug 2024

    Order Details: Ex-parte Judgement Pdf Text: MHCC010028382020 Presented on 04/03/2020 Registered on 31/07/2020 Decided on 05/08/2024 Duration 04Y: 05M: 01D Exhibit 15 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 313 OF 2020 Bank of India, ( Nationalized Bank)] ] A body corporate constituted under ] Banking Companies (Acquisition & ] Transfer of undertakings) Act 1970 ] Having its Head Office at Star House, ] Plot No. C-5, G-Block, Bandra Kurla ] Complex, Bandra (E), Mumbai 400051…

    Read Full Order

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