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Commercial Suit

Corporation BankVsMr. Deepak Kumar Sevaram Thapar

CNR MHCC01010617201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 05th May 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101349/2021
Registration Date
21 Dec 2021

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-12-2021
    
    Date: 11-07-2022
    Next Purpose: DIRECTIONS
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Adv. Shekhawat for plaintiff present. She prayed for issuance of fresh writ of summons to defendant.
    O. - Issue fresh writ of summons to defendant.
    The matter is adjd for affidavit of service to 17.09.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: Gulam Khan, Clerk of Adv. of plaintiff present.  He sought extension of time for service of writ of summons.
    O. - Extension of time for service of writ of summons is granted.
    The matter is adjd for affidavit of service to 01.11.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: The Court is Vacant.
    Hence. The Matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: The court is vacant. Hence, matter is ajd.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: Court is Vacant.
    Hence, matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-07-2023
    
    Date: 12-07-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: Matter received under transfer from Court Room No. 14
    Corporation Bank Vs Mr. Deepak Kumar Sevaram Thapar
    Plaintiff side called, but absent.
    Plaintiff to take steps.
    Matter adjourned to 13.12.2023 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: Corporation Bank V/s Deepak Sevaram
    Plaintiff side called, but absent.
    Plaintiff to take steps regarding service.
    Case adjourned to  02.04.2023 for service.
    Later on at 12.50 Hrs.
    Adv. Pooja Sahu present for plaintiff.
    Exh.2 - Affidavit of service filed by plaintiff stating that, the defendant is served by way of RPAD summons on 14.02.2023.
    Till date defendant has not filed appearance before this Court.
    Today Defendant side called, but absent.
    Hence, suit to proceed Ex-parte.
    Plaintiff to take steps regarding Ex-parte evidence. Else, put for necessary order.
    Case adjourned to 02.04.2023 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: None present.
    KB
    LO at 12.35 pm
    Adv Nirmala Ganjihal for plaintiff present.
    On oral request, matter stands Adj for filing ex-parte Evidence on 04/05/2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: Adv Pooja Sahu for plaintiff present.
    She filed draft CS along with affidavit in support of it.
    O- Leave to register is granted.
    Matter stands Adj for CS Hearing on 29/06/2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-06-2024
    
    Date: 29-06-2024
    Business: P. O. is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-07-2024
    
    Date: 16-07-2024
    Business: P. O. is on leave.
    Adv Pooja Sahoo for plaintiff present.
    None for defendant present.
    Matter stands Adj for C/s. Hearing 12.08.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-08-2024
    
    Date: 12-08-2024
    Business: Adv Pooja Sahu for plaintiff present.
    She tendered registered CS 1063/2024. t.o.r.
    Since the Chamber Summons for paper publication, it is allowed.  Plaintiff is directed to carryout amendment within 14 days from the date of order. Chamber Summons 1063/2024 stands disposed of.
    Matter stands Adj for Compliance on 26/08/2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-08-2024
    
    Date: 26-08-2024
    Business: P. O. is on Leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-09-2024
    
    Date: 19-09-2024
    Business: P.O. is on leave. Matter is adjd. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-10-2024
    
    Date: 17-10-2024
    Business: Adv Pooja Sahu for plaintiff present.
    She filed amended copy of plaint. t.o.r. marked as Exh. 1A.  O- Seen.
    Matter stands Adj for Ex-parte Evidence on 21/11/2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-11-2024
    
    Date: 21-11-2024
    Business: Adv Pooja Sahu for plaintiff present.
    Witness absent.
    On oral request last chance granted for filing ex-parte evidene.
    Matter stands Adj for Ex-parte Evidence on 19/12/2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-12-2024
    
    Date: 19-12-2024
    Business: None present for plaintiff.
    Matter stands Adj for Ex-parte Evidence on 09/01/2025.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-01-2025
    
    Date: 09-01-2025
    Business: Adv Pooja Sahu for plaintiff present.
    PW 01 Amitkumar Bharti present.
    Adv for plaintiff filed affidavit of examination-in of PW 01. t.o.r. marked as Exh. 06.  O- R and R.
    She also filed list of documents. t.o.r. marked as Exh. 07.
    O- Seen.
    Oath administered to the witness.
    He admits the contents of affidavit of examination-in-chief as true and correct.  It bears his signature.
    Heard Adv for plaintiff on marking of documents.
    Document at Sr. no. 2 is an Sanction Letter marked as Exh. 05.
    Document at Sr. no. 3 is an Original Agreement Term Loan marked as Exh. 06.
    Document at Sr. no. 4 is an Original Agreement Hypothecation of vehicle marked as Exh. 07.
    Document at Sr. no. 5 is an Original Letter of Undertaking Declaration from Borrower marked as Exh. 08.
    Document at Sr. no. 6 is Details of Hypothecated Vehicle marked as Exh. 09.
    Document at Sr. no. 7 is an Original Delivery Receipt marked as Exh. 10.
    Document at Sr. no. 8 is Copy of Legal Notice along with Postal Receipt marked as Exh. 11.
    Document at Sr. no. 10 is Statement of Account marked as Exh. 12.
    Document at Sr. no. 11 is Certificate u/s 2A(a) to (c) of Banker\''s Book of Evidence Act along with an Authority Letter marked as Exh. 13 collectively.
    Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 14.  O- Seen.
    Matter stands Adj for Arguments on 30/01/2025.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-01-2025
    
    Date: 30-01-2025
    Business: Adv Sofiya Patel for plaintiff present.
    Heard.
    Matter stands Adj for Ex-parte Judgment on 11/02/2025.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 11-02-2025
    
    Date: 11-02-2025
    Business: None present for plaintiff.
    Due to non availability of steno, matter stands Adj for Ex-parte Judgment on 27/02/2025.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 27-02-2025
    
    Date: 27-02-2025
    Business: P. O. is on Leave.
    Adv Pooja Sahoo for plaintiff present.
    Matter stands Adj for Ex-parte Judgment on 27/03/2025.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 27-03-2025
    
    Date: 27-03-2025
    Business: Adv Pooja Sahu for plaintiff present.
    Court is busy in hearing urgent NM 1869/2024 in Commercial Suit 1056/2024 and dictating Judgment in Commercial Summary Suit 50/2024.
    Hence, matter stands Adj for Ex-parte Judgment on 07/04/2025.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 07-04-2025
    
    Date: 07-04-2025
    Business: None present for plaintiff.
    Due to paucity of time, matter stands Adj for Ex-parte Judgment on 19/04/2025.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: None present for plaintiff.
    Due to paucity of time, matter stands Adj for Ex-parte Judgment on 05/05/2025.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 05-05-2025
    
    Date: 05-05-2025
    Business: Adv Pooja Sahu for plaintiff present.
    Exh 15 - Judgment (Dictated and pronounced in open Court).
    F. R. S. R. following order is passed -
    Order
    1. Commercial Suit No.1349 of 2021 is Partly Decreed with Costs.
    2. The defendant does pay jointly and severally an principal amount of Rs.5,01,723/- together with interest at the rate of 9 percent per annum from the date of its actual due till its full realization.
    3. Decree be drawn up accordingly.
    4. Commercial Suit No.1349 of 2021 disposed off accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 05-05-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 111301/2019
    Filing Date: 16-10-2019
    Decision Date: 05th May 2025
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2Full order available
    05 May 2025

    Order Details: Ex-parte Judgement Pdf Text: C S No.1349 of 2021 -: 1 :- Ex-parte Judgment MHCC010106172019 Presented on : 16.10.2019 Registered on : 21.12.2021 Decided on : 05.05.2025 Duration : YY: MM: DD 05 : 06 : 19 EXHIBIT NO.15 IN THE BOMBAY CITY CIVIL COURT AT MAZGAON, BOMBAY COMMERCIAL SUIT NO. 1349 of 2021 Union Bank of India, A Body Corporation constituted under the Banking Companies (Acquisition & Transfer of Undertaking) at 1970, having its Head Office at…

    Read Full Order
    Interim Order 1
    13 Dec 2021
    Order Details: Other
    Pdf Text: 13.12.2021
    Su.No.1349/21
    St.11301/2019
    CORAM : H.H.J. SHRI. A.H.LADDHAD (C.R. 03)
    None present.
    Even though intimation given to the Advocate of plaintiff, office objection
    not yet removed.
    Hence, matter is dismissed for nonremoval of office objection.
    Judge
    -- 1 of 1 --
    Order 1
    13 Dec 2021
    Order Details: Other
    Pdf Text: 13.12.2021
    Su.No.1349/21
    St.11301/2019
    CORAM : H.H.J. SHRI. A.H.LADDHAD (C.R. 03)
    None present.
    Even though intimation given to the Advocate of plaintiff, office objection
    not yet removed.
    Hence, matter is dismissed for nonremoval of office objection.
    Judge
    -- 1 of 1 --

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