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SUMMARY CIVIL SUIT - SUMMARY SUIT

UBI ( E-Corp) (Cororation Bank)VsSri. Vishal Himmat Khot +1 more

CNR MHCC01013234201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 08th October 2025

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100298/2021
Registration Date
12 Mar 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-05-2021
    Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharge adjd to 18/08/2021.
    Next Purpose: REPORT
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to 16.10.2021  for report.
    Next Purpose: REPORT
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As per circular declared holiday
    Next Purpose: REPORT
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: None present.
    Matter is adjd to  01.04.2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: REPORT
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: None for Plaintiff.
    No Affidavit of Service is filed.  Plaintiff to take proper steps.
    Matter adjourned to 22/09/2022 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Adv. for plaintiff present.
    Advocate for plaintiff filed affidavit of service (Exh.02).
    Advocate for plaintiff submits that defendant no.1 is served on in the month of August-2021.  His postal acknowledgement is placed on record.
    The defendant no.2 is served on 06.08.2021.
    In spite of service of writ of summons defendants failed to cause appearance.  Hence, suit to proceed ex-parte.
    Matter is adjd. to 19.12.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: None for plaintiff no ex-parte evidence filed.
    Matter is adj to 21.02.2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Adv.Maya Majumdar for plaintiff present.  She seeks time for adducing ex-parte evidence. Time granted.
    None for defendant (ex-parte).
    Matter is adj to 11/04/2023 for ex-parte evidence
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court is busy dictating Judgment in Suit No.8573 of 1999 and argument P.H in Suit No.3734 of 2011, remaining first session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 28/06/2023 for ex-parte evidence
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-06-2023
    
    Date: 28-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Maya Mujumdar for plaintiff present.
    KB.
    L.O. at 05.05 p.m.
    Adv.for plaintiff present and filed application under order 2 Rule 2 CPC. TOR. Marked as Exh.3. O- Plaintiff to argue this application.
    Plaintiff counsel prayed for adjournment.
    Matter is adj to 04-10-2023 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Maya Mujumdar for plaintiff is present.
    Order below Exh-3
    Perused the application. Heard the counsel for the plaintiff. According to her, defendant No.2 is a guarantor and it is under corporate insolvency resolution process under IBC and moratorium u/s 14 of the court is running after the company and therefore, the plaintiff does not want to proceed against defendant No.2 and wants to withdraw the suit with the prayer of granting leave under Order-2, Rule-2 of the CPC.
    Application (Exh-3) is allowed. The suit sands withdrawn against defendant No. 2 and leave  under Order-2, Rule-2 of CPC to seek the reliefs is granted, subject to the law of limitation.
    The counsel for plaintiff seeking adjournment. Adjournment is granted.
    Matter is adj to 05.01.2024 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-01-2024
    
    Date: 05-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Maya Mujumdar for plaintiff is present and requested for adjournment. Adjournment is granted as last chance.
    The plaintiff is directed to take positive steps to tender their evidence on next date.
    Matter is adj to 24.01.2024 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: Adv. Ms. Maya Mujumdar for plaintiff is present and requested for short adjmt to file exparte-evidence.
    Matter is adjd as a last chance to file ex-parte evidence.
    Matter is adj to 28/02/2024 for filing original documents and          Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-02-2024
    
    Date: 28-02-2024
    Business: Court is on Leave
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-04-2024
    
    Date: 03-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 19.06.2024 for filing original documents and ex-parte evidence.
    Later on at 1.45 pm
    Mr. Jitendra Singh Rawat, representative of the plaintiff is present.
    Adv. Maya Mujumdar for plaintiff is present and filed an application for permission to file evidence affidavit and documents. Taken on record. It is marked as Exh-4. O-Allowed.
    Evidence affidavit of Mr. Jitendra Singh Rawat is taken on record and it is marked as Exh-5.
    List of documents along with documents is taken on record and it is marked as Exh-6.
    Matter is adj to 19.06.2024 for hearing on admission and denial of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 19-06-2024
    
    Date: 19-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    The plaintiff is given last to argue on hearing on admission and denial of documents.
    Matter is adj to 24.07.2024 for hearing on admission and denial of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Akanksha Shukla h/f Maya Majumdar for plaintiff is present and requested for adjournment. Adjournment is granted as a last chance.
    Matter is adj to 23/08/2024 for admission denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 23-08-2024
    
    Date: 23-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 21.10.2024 for hearing on admission and denial of document.
    Later on at 1.07 pm
    Adv. Akanksha Shukla h/f Adv. Maya Majumdar  for plaintiff is present and submitted that matter is settled. Hence, matter be kept in Lokadalat.
    Matter is adj to 28.09.2024  for lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertaining to C.R. No.81
    Plaintiff side called, but absent.
    Defendant side called, but absent.
    Suit adjourned to 20.11.2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 20-11-2024
    
    Date: 20-11-2024
    Business: Holiday is declared on 20.11.2024 for Vidhansabha election. Hence, matter is adjourned.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 24-12-2024
    
    Date: 24-12-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Mr. Jitendra Singh Rawat, representative of plaintiff bank is present through video conferencing.
    Adv. Akansha Shukla h/f Adv. Maya Majumdar for plaintiff is present.
    Matter is adj to 28.01.2025 for hearing on exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 28-01-2025
    
    Date: 28-01-2025
    Business: P.O. is on leave.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 01-04-2025
    
    Date: 01-04-2025
    Business: P.O. IS ON LEAVE
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 09-06-2025
    
    Date: 09-06-2025
    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
    Heard counsel for plaintiff on exhibiting documents.
    Matter is adj to 07.07.2025 for marking documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 07-07-2025
    
    Date: 07-07-2025
    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
    Perused documents filed by plaintiff vide list Exh-6. Documents at Sr. No.1 to 6, 14 are original, documents at Sr. No.7 to 9 and 14A are office copies, documents at Sr. No.10 and 11 are verified from original and document at Sr. No.12 is statement of account and NPA statement supported by certificate u/s 65B of The Indian Evidence Act.
    Exh-7 Loan application.
    Exh-8 Credit Sanction Intimation.
    Exh-9 Original Agreement for Term Loan
    Exh-10 Original Agreement for Hypothecation
    Exh-11 Original Letter of undertaking/declaration
    Exh-12 Original Delivery receipt.
    Exh-13 Office copy of letter
    Exh-14 Office copy of legal Notice dated 18.11.2019
    Exh-15 Office copy of Legal Notice dated 25.11.2019
    Exh-16 Copy of reply dated 28.11.2019 (verified from original)
    Exh-17 Copy of reply dated 05.12.2019 (verified from original)
    Exh-18(colly) Statement of account and NPA statement supported by certificate u/s 65B of The Indian Evidence Act
    Exh-19 Original Acknowledgement of defendant.
    Exh-20 Office copy of Auction Notice dated 30.12.2019 sent to borrower
    Counsel for plaintiff also filed evidence close pursis. TOR and marked as Exh-21.
    Matter is adj to 12.08.2025 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-08-2025
    
    Date: 12-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Akanksha Shukla h/f Adv. Maya Majumdar(through video conferencing) for plaintiff is present.
    Court is busy in hearing final argument in Suit No.8114/98 and 7457/96, dictating order in CS No.2808/2024.
    Matter is adj to 28.08.2025 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-08-2025
    
    Date: 28-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Matter is adj to 24.09.2025 for Ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-09-2025
    
    Date: 24-09-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Maya Majumdar for plaintiff is present through video conferencing
    Heard ex-parte argument of counsel for plaintiff.
    Matter is adj to 08.10.2025 for further argument/ex-parte judgment.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 08-10-2025
    
    Date: 08-10-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Vaishnavi Tate i/b Adv. Maya Majumdar for plaintiff is present through video conferencing
    Ex-parte judgment is marked as Exh-22
    FRSR following order is passed
    Order
    1)Summary Suit No. 298 of 2021 is hereby decreed with the costs.
    2)Defendant No.1 shall pay an amount of Rs. 2,78,355/- (Rupees Two Lakhs Seventy Eight Thousand hree Hundred and Fifty Five only) to the plaintiff bank within 60 days from the date of order.
    3)If, defendant No.1 fails to pay above amount within 60 days, he shall pay to the plaintiff bank simple interest on Rs. 2,78,355/- at the rate of 7 percent per annum from 20/01/2020, the date of filing of suit till its full realization.
    4)The plaintiff bank 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: 08-10-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 114022/2019
    Filing Date: 17-12-2019
    First Hearing Date: 07th May 2021
    Decision Date: 08th October 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    08 Oct 2025

    Order Details: Ex-parte Judgement Pdf Text: MHCC010132342019 Presented on 17/12/2019 Registered on 12/03/2021 Decided on 08/10/2025 Duration 05Y: 09M: 22D Exhibit 22 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 298 OF 2021 UBI ( e-Corpn) ] Corporation Bank ] A body corporate constituted by and under ] the provisions of the the Banking Companies ] (Acquisitions & Transfer of Undertaking) ] Act, 1980 having its head office at Mangalore ] and also at Veena Chamber 21,…

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