Date: 14-02-2020
Business: Adv.Keluskar for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender register notice of motion No. 157/2020.
Advocate for plaintiff tender affidavit of service.
Matter adjd to 24.03.2020 for order.
Next Purpose: NM ORDERS
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Next Purpose: NM ORDERS
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: P.O is on leave.
Matter Adjd on 25/01/2021.
Next Purpose: NM ORDERS
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: None for plaintiff.
Adv. Keluskar for defendant.
Adjd for NM Hearing to 23.04.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: None present for both parties.
KB
LO
Adv Sejal Khandekar present for the plaintiff.
None present for the defendant.
Matter is adjd to 30.11.2021 NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: None present.
Matter is adjd. to 13/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: None present.
Matter is adjd. for NM hearing to 08-07-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Both parties and their adv. absent.
Adjd to 08/09/2022 for hearing on N.M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: As court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: None present.
KB.
L.O. at 3.00
Adv. present for plaintiff, tendered VP TOR marked as Exh. 9
As per service affidavit dated 14-02-2020, the notice of NM returned with endorsement as left.
Hence put up for hearing.
Matter stands adjourned for hearing on 26-10-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: None present.
Matter stands adjourned for NM hearing on 25-01-2024.
L.O. at 3.45 pm.
Adv. Anusha Amin present for plaintiff.
Adv. Reshmi Parab present for defendant.
Matter stands adjourned for NM hearing on 25-01-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: None present.
KB.
L.O. at 3.50 pm
None present for plaintiff.
Adv. V.S. Kokitkar present for defendant No.1.
Matter stands adjourned for Notice of Motion hearing
on 12-04-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2024
Date: 12-04-2024
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2024
Date: 29-06-2024
Business: None present.
Matter stands adjourned for Notice of Motion dismissal
on 03-08-2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: None present.
Matter stands adjourned for Notice of Motion dismissal
on 25-10-2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: None present.
Kept back.
Later on at 3.10 pm.
None present.
Matter stands adjourned for Notice of Motion hearing .
on 04-01-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2025
Date: 04-01-2025
Business: As court is vacant, adjd to matter
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2025
Date: 24-04-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2025
Date: 02-07-2025
Business: None present.
Kept back.
Later on at 4.15 pm
None present since long, Notice of Motion put up for dismissal.
Matter stands adjourned to 11-09-2025 for Notice of Motion
dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-09-2025
Date: 11-09-2025
Business: None present.
Kept back.
Later on at 5.20 pm
None present.
Matter stands adjourned to 28-11-2025 for Notice of Motion
dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-11-2025
Date: 28-11-2025
Business: None present.
Applicant in Notice of Motion absent.
Matter stands adjourned to 06-01-2026 for dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-01-2026
Date: 06-01-2026
Business: None present.
Hence, taken up notice of motion for deciding it on its own merits
having age of 5 yrs.
Order on Notice of Motion No.157/2020
The present Notice of Motion is under the caption of dismissal from 02-07-2025,11-09-2025,28-11-2025.
It appears that the present for Notice of Motion is taken out for restoration of suit No.1644/15 i.e. setting aside order 19-11-2019 with permission to file affidavit of evidence of plaintiff for deciding suit on merits.
Supporting affidavit of Ankur G. Mane is tendered, contending that advocate of the plaintiff named Gabriyal Pillai had expired and all the relevant case papers with the advocate. Therefore, the necessity fail to appoint New Advocate. However, plaintiff is unware status of the suit. Hence, in meantime suit came to be dismissed in default.
Perused the case papers. The suit is filed by Maharashtra Mantralay and Allied offices co-op bank ltd. Mantralay, Madam Cama Road Mumbai 32 against defendant No.1 Ketaki Pol No.2 Poonam Deshpande and Smt. Manisha Ghosalkar for recovery of 3,64,075/- with interest at 20 percent towards outstanding loan amount against the defendant No.1 employee and defendant No.2 and 3 are the guarantors.
It appears that issues are framed on 14-06-2018. Therefore, suit
came to be dismissed.
Considering the reason of death of the advocate, it appears that
the case papers could not be obtained by the plaintiff and suit came
to be dismissed for the reasons that plaintiff failed to tender
evidence. Hence, suit came to be dismissed. Hence, suit required to
be restored as reason for not tendering evidence is due to death of
advocate of plaintiff Co op Bank. Hence, Notice of Motion
No.517/2020 stands disposed off. Accordingly, thus,I pass
following order-
Order
1. The suit is restored its original stage.
2. Inform to Registry to restore the suit forthwith as there is no
resistance from the respondent/defendant.
Matter is adjourned to 04-02-2026 for R/E.
Nature Of Disposal: ALLOWED
Disposal Date: 06-01-2026