UBI-E-Corp (Corporation Bank)VsSri Raghavendra G. Gaonkar +1 more

Date: 06-05-2021
Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 17.08.2021.
Next Purpose: REPORT
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Both the parties and their advocates are absent.
L.O. at 12.00 p.m.
Plaintiff absent.
Defendant and his advocate are absent.
Adv. Maya for the plff present.
Matter is adjd to  12.10.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Court is on leave hence, matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: None present.
Matter is adjd for report on 05-05-2022
Next Purpose: REPORT
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: PO is on training.  Matter adj. to
Next Purpose: REPORT
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: None for Plaintiff.
None for defendant.
No proper steps are taken since long time to serve writ of summons on defendant.  If no proper steps are taken by next date, suit would stand dismissed as per Rule 5 of Order IX of CPC.
Matter adjourned to 20.10.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: Adv.Maya Mujumdar for plaintiff present.  She filed affidavit of service (Exh-2)  O-Filed.
From the service affidavit it transpires that defendant No.2 is through RPAD however, service to defendant No.1 is incomplete.
Plaintiff to take steps against defendant No.1.
Matter is adj to 18/01/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: None for plaintiff.
No steps are taken, in view of order dated 20/10/2022.
Matter is adj to 23/03/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Maya Majumdar for plaintiff present.   She tendered draft Chamber of Summons along with affidavit seeking substituted service against defendant No.1
O-Leave is granted to register the Chamber of Summons.
Matter is adj to 13/07/2023 for hearing on C/S.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Manasi Manoj Pawaskar h/f Adv. Maya Mujumdar for plaintiff is present and prayed for extension of time to register the draft CS. Time extended.
Matter is adj to 25.08.2023 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Maya Majumdar for plaintiff is present and tendered registered Chamber Summons No. 1270/23 along with affidavit in support.
Order on CS 1270/23
The Suit summons sent to defendant No. 1 for service through the RPAD retunred unserved with the postal endorsement No such person on the address.  The counsel for the plaintiff submits that the address on which the suit summons sent was the last known address.  The plaintiff has also filed affidavit in support of this Chamber summons.  Therefore, I find sufficient grounds to allow the chamber summons.
Order
    1) CS No.1270/23 is allowed.
    2) The plaintiff is allowed to serve the suit summons under order 5 rule 20 of CPC i.e. by way of paper publication.
    3) Suit summons shall be published in daily local newspaper largly circulated in the area, where the defendant resides.
    4) Chamber summons No. 1270/2023 is disposed of accordingly.
Ld. Counsel for plaintiff filed application under Order 2, Rule 2 of CPC. It is marked as Exh-3.
Order below Exh-3
In view of filing the present application under order 2 rule 2 of CPC and having regard to the submission of counsel for the plaintiff, the suit against defendant No. 2 stands withdrawn. Liberty to the plaintiff is given to file suit afresh, subject to the limitation and without prjudice to the rights and the defence of the defendant, if any.
Application (Exh-3) is allowed.
Matter is adj to 06.12.2023 for filing affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Maya Majumdar for plaintiff is present and filed affidavit of service. Taken on record. It is marked as Exh-4
Order below Exh-1
The plaintiff has filed service affidavit in respect of defendant No.1 along with the copies of two daily news papers Navrashtra and Financial Express Pune Edition, after allowing to serve the writ of summons by way substitute serviced by the order dated 25.08.2023. The writ of summons appears to have been published on 18.09.2023.  Therefore, it is hereby declared that defendant No.1 is duly served.
Despite the service of writ of summons, defendant No.1 failed to appear and therefore, the suit to proceed ex-parte against him.
Matter is adj to 06.03.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM  S. SHINDE-(C.R.NO.81)
Representative of plaintiff is present  and his advocate is absent.
Plaintiff is given last chance to take the steps.
Matter is adj to 25.04.2024 for  filing documents and Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 08.07.2024 for filing original document and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Akanksha Shukla h/f Adv. Maya Mujumdar for plaintiff is present and requested for adjournment to file Chamber summons.  Adjournment is granted.
Matter is adj to 26.08.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: COURT IS ON LEAVE
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-11-2024

Date: 19-11-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Akansha Shukla h/f Adv. Maya Majumdar for plaintiff is present and filed draft Chamber Summons for amendment in the cause title along with affidavit in support. O-Leave is granted to register the draft Chamber Summons.
Matter is adj to 13.02.2024 for filing registered Chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 13-02-2025

Date: 13-02-2025
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 and filed registered Chamber summons No.2629/24 along with affidavit in support. She also filed pursis along with letter dated 15.01.2025. Taken on record. It is marked as Exh-5.
Order below CS No.2629/24
Perused chamber summons and affidavit in support thereof.   Heard ld. counsel for the plaintiff. It is submitted that authorized signatory of the plaintiff Bank namely Smt. Sambhabhi G. Kamath, had filed suit on behalf of the plaintiff bank as a Manager of plaintiff bank.  However, she is retired from the services of bank on 31.03.2021 and to support said contention filed letter dated 15.01.2025.  Therefore, the plaintiff bank has authorized Mr. Jitendra Singh Rawat, Senior Manager of plaintiff bank. The plaintiff bank has filed xerox copy of Authority Letter. Thus, considering facts and circumstances of the case, it is necessary to allow the plaintiff to delete the name of the earlier representative of the plaintiff bank and to substitute it with new representative of the plaintiff bank as mentioned in chamber summons. If chamber summons is allowed, no prejudice would cause to the defendant, as it will not change the nature of the suit. Hence, I proceed to pass following order-
Order
1. Chamber summons No. 2629 of 2024 is hereby allowed.
2. The plaintiff is directed to carry out proposed amendment, as mentioned in chamber summons within 14 days.
3. The plaintiff is directed to file amended copy of the plaint and supply it to the defendant.
4. Chamber summons is disposed of accordingly.
Matter is adj to 08.04.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2025

Date: 08-04-2025
Business: Court is on half day(first session) leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Plaintiff failed to take steps. Hence, matter be kept for dismissal order.
Matter is adj to 02.08.2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 02-08-2025

Date: 02-08-2025
Business: P. O. is on half day leave(in first session).
Next Purpose: DISMISSAL
Next Hearing Date: 04-10-2025

Date: 04-10-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vaishnavi Tathe h/f Adv. Maya Majumdar for plaintiff is present and filed an application for removal of caption dismissal. TOR and marked as Exh-9. O-Allowed. Caption dismissal is removed. She also filed draft Chamber Summons for extension of time to carrying out amendment along with affidavit in support. O-Leave is granted to register the draft Chamber Summons.
Matter is adj to 02.12.2025 for filing registered Chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-12-2025

Date: 02-12-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vaishnavi Tathe h/f Adv. Maya Majumdar for plaintiff is present and filed registered Chamber summons No.2639/25          along with affidavit in support.
Matter is adj to 12.01.2026 for hearing on Chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vaishanavi Thate h/f Adv. Maya Majumdar for plaintiff is present.
Heard advocate for plaintiff on Chamber summons
FRSR following order is passed on CS No.2639/25
Order
Perused Chamber summons and Record. Heard Ld. Counsel for plaintiff. Plaintiff had filed Chamber summons No.2629/25 to substitute representative and it came to be allowed on 13.02.2025. Plaintiff was directed to carried out amendment within 14 days. The plaintiff has neither sought extension nor carried out amendment. However, took out present Chamber summons to seek extension to carry out amendment. The only contention of plaintiff is that due to inadvertence they failed to carry out amendment. Hence, in the interest of justice, it is necessary to allow Chamber summons and to give an opportunity to plaintiff to carry out amendment. Hence, I proceed to pass following order
Order
1.      Chamber summons is allowed, subject to costs of Rs.1,000/- to be paid to DLSA within 8 days.
2.   Further, plaintiff to carry out amendment within 15 days without fail as per order passed in CS No. 2629/24.
3.      Chamber summons No.2639/25 is disposed of accordingly.
Matter is adj to 16.02.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-02-2026

Date: 16-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Maya Majumdar for plaintiff is present through video conference and requested for adjournment. Adjournment is granted.
Matter is adj to 23.03.2026 for filing amended copy of plaint.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2026

Date: 05-05-2026
Business: Representative of plaintiff is present and filed amended copy of plaint. tor.
He also filed evidence of affidavit of Jitendra Singh Rawat and compilation of documents. TOR and marked as Exh.10 and 11 respectively.
Adv.Maya Mujumdar for plaintiff is present through video conferencing and
Name - Jitendra Singh Rawat , Age- 32 yrs , Occupation- Service , Address- Chembur, Mumbai, has identified his signature and admitted contents in the evidence of affidavit.
Matter is adj to 29-06-2026 for hearing on exhibiting the documents.
Next Purpose: HEARING
Next Hearing Date: 29-06-2026

Date: 29-06-2026
Business: Jitendrasingh Rawat representative of plaintiff is present through video conferencing .
Adv. Maya Mujumdar for plaintiff is present through video conferencing .
  Perused documents filed by the plaintiff vide Exh.11. Document at Sr.No.1 to 7,14 and 17 are originals. Document at Sr.No8 to 10 are office copies and documents at Sr No. 13 is statement of account along with certificate under section 65(B)  of Indian Evidence Act which is at Sr.No.15. Hence these documents are marked as exhibits. Document at Sr.No.16 is true  copy of government gazette of which the court is supposed to take judicial notice. Hence, it is marked as exhibit.
Exh.12-Copy of loan application date 07-03-2014.
Exh.13-Copy of Credit sanction intimation dated 22-03-2014.
Exh.14-Agreement for term loan dated 25-03-2014.
Exh.15-Agreement fro Hypothecaton of vehicles dated 25-03-2014.
Exh.16-Copy of Letter of undertaking/declaration dated 25-03-2014.
Exh.17-delivery receipt dated 25-03-2014.
Exh.18-Copy of letter issued by Bank of defendant.
Exh.19-Legal notice sent by Advocate of Palintiff Bank to the defendant.
Exh.20-Legal notice sent by advocate of Plaintiff Bank to Premier Ltd.
Exh.21-Statement of Accounts
Exh.22-Acknowledgement of Debt by defendant.
Exh.23-Certificate under Section 65(B) Indian Evidence Act.
Exh.24-True copy of Gazette Amalgamation Notification.
Exh.25-Original Authority letter.
Matter is adj to 03-08-2026 for further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-08-2026

Date: 03-08-2026
Business: P. O. is on Training, so matter is adjourned to.....
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-09-2026

Date: 03-09-2026
Business: P.O.is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-10-2026

CHAMBER SUMMONS/102639/2025
CHAMBER SUMMONS/102629/2024
CHAMBER SUMMONS/101270/2023

Registration Number: 100279/2021
Transfer Date: 17-07-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100279/2021
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 101425/2020
Filing Date: 31-01-2020
First Hearing Date: 06th May 2021
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE