Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Both parties and their advocates are absent when called out.
Issue writ of summons.
Adjourned for writ of summons to 25.01.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 10-03-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Ms. Sujata Dahigaonkar for plaintiff present.
None for defendant.
Exh.2- V/P of adv. Nanavare for plff.
Exh.3- Draft ch/s filed by plff, treated as application. In view of RBI notification dtd. 04.03.2020, name of the bank is changed. Hence, amendment is allowed. Plff to carry out the amendment within a week.
Exh.4- Affidavit in support.
Matter is adjd.to 23.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: None for plaintiff and defendant.
Plff to take steps for writ of summons.
Matter is adjd.to 22.06.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Both the parties absent when called out.
Adjourned to 04.09.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Adv. Sujata Dahigavkar for plaintiff present and prayed for issuing fresh writ of summons.
Fresh writ of summons be issued to the defendants.
Matter is adjd.to 04-10-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Sujata Dahigaokar for plaintiff present and filed application for extension of time for service writ of summons and for issuing original as well as duplicate writ of summons. t.o.r. - allowed as prayed.
Matter is adjd.to 09-11-2021 for service of writ of
summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present and prayed for short adjournment for filing affidavit of service – granted.
Matter is adjd.to 03-12-2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present and filed affidavit of service with original writ of summons and bailiff report t.o.r. and marked as Exh.5
Matter is adjd.to 17-01-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Both parties and their Advocates absent when called out.
Matter is adjd.to 05-02-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: None for plaintiff.
Matter is adjd.to 09-03-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: None for plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present Adv. for tendered draft C/S with supporting affidavit t.o.r. and Leave is granted to register the C/S.
Matter is adjd.to 30-04-2022 for filing registered C/S
Next Purpose: FOR___________________
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and tender original registered C/S No. 588/22 with supporting affidavit t.o.r.
As the defendant could not be served with writ of summons as per affidavit of service Exh.5 , the plaintiff is justified in seeking substituted service. Hence, CS No.588/22 is made absolute in terms of prayer clause (a). issue fresh writ of summons for substituted service upon defendant by publishing in Free Press Journal and Nav Shakti. Time is extended for service of writ of summons. CS No.588/22 is disposed off.
Matter is adjd.to 11-07-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and seeks time for extension of paper publication. Granted
Adjd for writ of summons to 22/08/2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: NOB TOB
Matter is referred to Lok Adalat.
Issue notice to both parties to remain present at Lok Adalat to be held on 13.08.2022
Adjd for Lok Adalat to 13.08.2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: None present.
Adjd to 22/08/2022.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: None present when called. Plaintiff is directed to file affidavit of service.
Adjd for affidavit of service to 28/09/2022
L. O
Adv. Dahigaonkar for plaintiff present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: PO on leave. Matter adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and orally prayed for extension of time for paper publication. Granted.
Adjd for affidavit of service to 22/11/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and sought time for filing affidavit of service of summons against the defendant - Granted time.
Adjd. to 03.01.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: Adv. Sujata Dahigaonkar for plaintiff present and tendered affidavit of service through paper publication t.o.r. and marked as Exh. 6 O- Seen
As per affidavit writ of summons is published in two newspapers. Writ of summons is served to defendant. Defendant is absent.
Adjd for passing exparte orders to 13/01/2023
Next Purpose: ORDER
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Adv. Sujata Dahigonkar for plaintiff is present.
None for defendant.
As per affidavit of service the writ of summon is served to the defendant through paper publication in two news papers. Defendant is absent. Hence, suit proceeded exparte against the defendant.
Case is adjourned for exparte evidence to 27-01-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv. Sujata Dahigaonkar for plaintiff is present.
None for defendant.
Plaintiff is directed to lead the evidence.
Case is adjourned for exparte evidence to 15-02-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: court on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Sujata Dahigaonkar for plaintiff present.
KB
LO at 1.24 pm
Plaintiff is present.
None present for defendant.
Exh. 07- Ld adv for plaintiff filed affidavit of Evidence. t.o.r. O- Plaintiff banks manager namely Pramod Adsul is present before Court. He admits contents of affidavit. Hence, it is read and recorded.
Exh. 08 - List of document t.o.r. O- Filed.
Following documents were proved in the examination in chief of witness.
Exh. 9 - Loan Application.
Exh.10 - Letter of Sanction.
Exh.11- Composite Hypothecation Agreement.
Exh.12 - Letter of Authority to Debit monthly Installments.
Exh.13- Confirmation of Delivery of Machinery.
Exh.14- Letter of Consent Cum Undertaking.
Exh.15-Receipt.
Exh.16 - Legal Notice
Exh.17- Statement of Account.
Exh.18-Particulars of Claim.
Advocate for plaintiff filed evidence Closure pursis. TOR. O - Read and Recorded. It is marked at Exh.19.
Heard arguments of ld. Advocate for plaintiff.
Case is adjourned for Exparte Judgment to 16.03.2023
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Adv. Sujata Dahigaonkar for plaintiff present.
None for defendant.
Court pronounced Judgement in open Court.
Exh.20 Judgement.
FRSR following order is passed.
ORDER
1) Commercial Suit No. 430 of 2020 is decreed with costs.
2) The defendant do pay an amount of Rs.3,93,386.77ps. (Rs. Three Lakhs Ninety Three Thousand Three Hundred Eighty Six and Seventy Seven Paise Only) to the plaintiff bank along with interest at the rate of 10.95 percent per annum on the principal amount from the date of filing of the suit till its realization within three months from the date of this decree.
3) Defendant shall bear the cost of the suit.
4) Court fee, if any, be refunded to the plaintiff as per rule.
5) Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 16-03-2023