Bank Of India Karad vs Rajaram Shripati Mohite Advocate - Jadhav A.V. — 94/2017

Case under Code of Civil Procedure Section Recvorey. Status: Evidence. Next hearing: 10th April 2026.

Spl.C.S. - Special Civil Suit (Senior Division Judge)

CNR: MHST050006212017

Evidence

Next Hearing

10th April 2026

Filing Number

613/2017

Filing Date

31-07-2017

Registration No

94/2017

Registration Date

01-11-2017

Court

Civil Court Senior Division , Karad

Judge

4-3rd Jt. Civil Judge Senior Division and Additional Chief Judicial Magistrate, Karad

Acts & Sections

Code of Civil Procedure Section Recvorey

Petitioner(s)

Bank Of India Karad

Adv. SHAH M R, SHAH M R

Respondent(s)

Rajaram Shripati Mohite Advocate - Jadhav A.V.

Yashwantro Mohite Krishna Sahakari sakhar Kar.Ltd.Chairman

Adv. Patil G. V.

Yashwantro Mohite Krishna Sahakari sakhar Kar.Ltd.Managing Director

Adv. Patil G. V.

Hearing History

Judge: 4-3rd Jt. Civil Judge Senior Division and Additional Chief Judicial Magistrate, Karad

06-03-2026

Evidence

23-01-2026

Evidence

08-12-2025

Evidence

10-11-2025

Evidence

25-09-2025

Evidence

Interim Orders

04-03-2022
Order on Exhibit

Summary: In Bank of India v. Rajaram Mohite (Spl.C.S. No.94/2017), the court rejected the defendant's application seeking rejection of the plaint under Order 7 Rule 11(d) of the CPC, 1908. The court held that the pre-institution notice requirement under Section 164 of the Maharashtra Co-operative Societies Act, 1960 was not applicable because the defendant's liability as a guarantor under a deed of guarantee constitutes an independent contractual obligation, not an act touching the sugar factory's business. The court also noted that Section 9A of the CPC has been deleted in Maharashtra, making the request for framing a preliminary issue moot. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary: In Bank of India v. Rajaram Mohite (Spl.C.S. No.94/2017), the court rejected the defendant's application seeking rejection of the plaint under Order 7 Rule 11(d) of the CPC, 1908. The court held that the pre-institution notice requirement under Section 164 of the Maharashtra Co-operative Societies Act, 1960 was not applicable because the defendant's liability as a guarantor under a deed of guarantee constitutes an independent contractual obligation, not an act touching the sugar factory's business. The court also noted that Section 9A of the CPC has been deleted in Maharashtra, making the request for framing a preliminary issue moot. This case analysis is maintained by casestatus.in based on publicly available court records.

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