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Commercial Suit

Bank of India (Nationalized Bank)VsSachin Ashok Rungta

CNR MHCC01002839202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 16th October 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100661/2021
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: 16-12-2020
    
    Date: 16-12-2020
    Business: None present
    Adjd to 12-03-2021
    Next Purpose: REPORT
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: None present.
    Adjd to 13/08/2021 for service report.
    Next Purpose: REPORT
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: None present.
    The matter is adjd for service of writ of summons to deft. to 05.10.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: None present.
    The matter is adjd for filing service affidavit to 16.11.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: None present.
    The matter is adjd for filing service affidavit to 16.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Adv. Ashok V. Kode for plaintiff present. He sought time for taking steps.  Time as prayed for is granted.
    The matter is adjd for taking steps to 11.01.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: Adv. Ashok Kode for plaintiff present.
    He sought time for filing service affidavit. Time as prayed for is granted.
    The matter is adjd for filing service affidavit  to 22.02. 2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: Adv. Ashok Kode for plaintiff present.  He sought time for filing service affidavit.  Time as prayed for is granted.
    The matter is adjd for affidavit of service to 22.03.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: None present.
    The matter is adjd for filing service affidavit to 25.04.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: Adv. A.V. Kode for plaintiff present.
    Exh.2 - Adv. For plaintiff filed service affidavit along with original writ of summons.  T.O.R.
    Service not proper.
    The matter is adjd for taking steps to 15.06.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: None present.
    The matter is adjd for taking steps to 07.07.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: None present.
    The matter is adjd for steps to 27.07.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Adv. Ashok V. Kode for plaintiff present.  He sought time for taking steps.  Time as prayed for is granted.
    The matter is adjd for steps to 20.09.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: Court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: The Court is Vacant.
    Hence Matter is adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: As court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: The court is vacant. Hence, matter is adjd. to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: As court is vacant. Hence, matter is adjd to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: As court is vacant. Hence, matter is adjd to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: Bank of India (Nationalized Bank) Vs Sachin Ashok Rungta
    Adv. Ashok V. Kode present for plaintiff.
    Defendant side called, but absent.
    Exh.02 Affidavit of service with RPAD envolope with postal endorsement as, Unclaimed Returned to Sender on 25.04.2022.
    Defendant called but absent.
    Suit to proceed ex-parte.
    Plaintiff to lead evidence
    Matter adjourned to 16.10.2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: Bank of India V/s Sachin
    Adv. Ashok Kode present for plaintiff.
    Plaintiff witness Surendra Upadyay present.
    Exh.3 - Evidence affidavit of plaintiff.
    Exh.4 - List of documents.
    Exh.5
    Original Demand Promissory Note L434, Dt.
     30.06.2017.
    Exh.6
    Original Bearer Letter No. L435, Dt.
     30.06.2017.
    Exh.7
    Original Installment Letter No.L440, Dt.
     30.06.2017
    Exh.8
    Original L516 Multipurpose document
     executed by defendant Dt. 30.06.2017
    Exh.9
    Hypothecation Agreement Dt. 30.06.2017.
    Exh.10
    Statutory Notice Dt.15.02.2019.
    Exh.11
    Postal receipt Dt. 20.02.2019.
    Exh.12
    Returned Envelope Dt.23.02.2019.
    Exh.13
    Postal Acknowledgment Card.
    Exh.14
    Authority Letter of Bank Dt.10.10.2023.
    Exh.15
    Statement of Account of defendant.
    Exh.16
    Evidence Closure pursis filed by plaintiff.
    Further examination in chief of plaintiff recorded.
    Heard for Adv. Kode.
    FRSR following order is passed
    
    ORDER
        1. Commercial Suit No. 100661 / 2021, Bank of India Sachin Ashok Rungta, is partly allowed with proportionate cost.
    
        2. Defendant Sachin Ashok Rungta, within three months from the date of this Order, shall pay Rs. 4,42,793/- (Rs. Four Lakhs Forty Two Thousand Seven Hundred and Ninety Three Only) to plaintiff-bank with interest @ 10.70  percent per annum from date of filing of the Suit, till its actual realization.
        3. Court fee, if any, be refunded to the plaintiff as per rule.
    
        4. Decree be drawn up accordingly.
        5. Judgment pronounced in Open Court.
        6. Plaintiff side be informed about its right to challenge this judgment and period of limitation for it.
        7. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 16-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103092/2020
    Filing Date: 04-03-2020
    First Hearing Date: 24th September 2020
    Decision Date: 16th October 2023
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2
    16 Oct 2023
    Order Details: Other
    Pdf Text: CS No. 100661 / 2021 Bank of India – Sachin Exh.4 1 / 1
    Further Examination in chief of plaintiff witness Surendra
    Upadyay on oath by Adv. Ashok Kode, for plaintiff.
    Suit is Ex-parte vide Order Dt.08.08.2023
    1) Affidavit now shown to me bears my signature. Its
    contents are true. It is marked as Exh.3. I have filed following
    document on record. Same be allotted Exhibit mark.
    Exh.5 : Original Demand Promissory Note L434, Dt.
    30.06.2017.
    Exh.6 : Original Bearer Letter No. L435, Dt. 30.06.2017.
    Exh.7 : Original Installment Letter No.L440, Dt. 30.06.2017
    Exh.8 : Original L516 Multipurpose document executed by
    defendant Dt. 30.06.2017
    Exh.9 : Hypothecation Agreement Dt. 30.06.2017.
    Exh.10 : Statutory Notice Dt.15.02.2019.
    Exh.11 : Postal receipt Dt. 20.02.2019.
    Exh.12 : Returned Envelope Dt.23.02.2019.
    Exh.13 : Postal Acknowledgment Card.
    Exh.14 : Authority Letter of Bank Dt.10.10.2023.
    Exh.15 : Statement of Account of defendant.
    Exh.16 : Evidence Closure pursis filed by plaintiff.
    Further examination in chief is over :
    As Suit is Ex-parte, hence no cross-examination :
    ROAC
    MUMBAI
    Dt. 16.10.2023
    (Vijay S Hingne)
    District Judge, Court Room No. 31
    City Civil & Sessions Court, Mumbai
    -- 1 of 1 --
    Final Order 1Full order available
    16 Oct 2023

    Order Details: Ex-parte Judgement Pdf Text: CS No.100661 / 2021 Bank of India – Sachin Judgment (Exh.17) 1 of 5 MHCC010028392020 Suit Filed on : 04.03.2020 Arguments Heard : 16.10.2023 Decided on : 16.10.2023 Duration : 03 Y, 07 M, 13 Days City Civil & Sessions Court, Greater Mumbai Court Room No. 31 (Additional District Judge : Vijay S. Hingne, LL. M.) Commercial Suit No. 100661 / 2021 Exhibit No. 17 Plaintiff : Bank of India (Nationalized Bank) Head Office…

    Read Full Order

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