Date: 02-05-2019
Business: None present
Matter is Adjd for Affidavit of Service to 17/09/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: p.o. is on leave adjd to 03/10/19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: None present.
Adjd. for service to 14.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Both parties and his advocate are absent.
Matter is adjd to 15.02.2020 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. S.R. Kadam or plff. Present.
Adv. For deft. Absent.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. For the plff. Filed affidavit of service. Exh-5 Order- Seen and filed.
Service not completed.
Matter is adjd to 02.04.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Business: Duo to Covid-19 Lockdawn
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Business: Due to Covid-19 National Lockdawn
Next Purpose: SERVICE
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Both the parties and his advocate are absent.
Matter is adjd to 23.03.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 18.06.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Due to Covid-19 Pandemic Lockdown.
Both the parties and their advocates are absent.
Matter is adjd to 13.08.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 27.10.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Court is vacant.
Next Purpose: SERVICE
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Court is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Adjd.
Next Purpose: SERVICE
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Ld. Adv. S.R. Kadam for the plaintiff present.
He filed draft chamber summons seeking amendment in the plaint. Leave grant to register C/S.
Plaintiff to serve the defendant.
None present for Defendant.
Adv. For the Defendant absent.
Matter adj to 27/06/2022 for C/S.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Adv. Mr. S. R. Kadam for Plaintiff present and filed registered Ch/s. No. 518/22 with Affidavit in support. He seeks time to serve Ch/s. on Defendants. Time granted till next date.
Matter adjourned to 12/09/2022 for Ch/s. Service.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Adv. for Plaintiff present.
None for Defendant.
Order below Chamber Summons No.518 of 2022-
Heard learned Advocate Mr. S. R. Kadam for plaintiff. He submits that owing to the scheme of amalgamation of Syndicate Bank, now the name of the plaintiff bank is changed to \''Canara Bank\''. He submits that owing to the said amalgamation the amendment in the title clause in the plaintiff\''s name is necessary.
In view of the submissions, the chamber summons deserves to be allowed. Hence, the order-
Order
1. Chamber summons no.518 of 2022 is allowed in terms of prayer clause (1).
2. Plaintiff to carry out necessary amendment within two weeks from the date of this Order. Judge
Matter adjourned to 07.11.2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: None for the parties.
It appears that the plaintiff has carried out amendment as per order dated 15.09.2022.
Plaintiff to serve copy of amended plaint on defendant and filed affidavit accordingly.
Matter is adj to 20.01.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Adv. for plaintiff present.
No service affidavit is filed.
Matter is adj to 30/03/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
No affidavit of service is filed.
Time granted as last chance.
Matter is adj to 07/07/2023 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: CORAM H.H.J. SHRI. K. P. SHRIKHANDE (C.R.NO.61)
Adv S.R. Kadam for plaintiff present.
He filed service affidavit along with Bailiff Report. T.O.R. and marked Exh.6. Service is not completed. Matter is adj to 14-09-2023 for taking steps.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: P.O. IS ON LEAVE
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-12-2023
Date: 08-12-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his advocate are absent.
Writ of summons is not yet served on the defendant, though matter was adjourned time to time.
Matter is adj to 20.01.2024 for dismissal order.
Later on
Adv. S. R. Kadam for plaintiff is present and filed application for substitute service along with affidavit in support. It is marked as Exh-7.
Matter is adj to 02.02.2024 for hearing on Exh-7.
Next Purpose: HEARING
Next Hearing Date: 02-02-2024
Date: 02-02-2024
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 11-03-2024
Date: 11-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Order below Exh-7
Perused application and record. Heard Ld. Counsel for the plaintiff. On perusing affidavit of service at Exh-6 and bailiff report, it appears that writ of summons is not served on the defendant, as he has left the said premises 7 years ago, as mentioned in the bailiff report and he does not know present whereabouts of the defendant. Therefore, it is necessary to serve the writ of summons to the defendant by way of substitute service by publishing writ of summons in two daily news paper i.e. one local language and one English language. Hence, plaintiff is directed to publish writ of summons in newspaper having wide circulation in the area where said defendants are residing. Hence, issue fresh writ of summons by way of substitute service.
Matter is adj to 25.04.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. S. R. Kadam for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 08.07.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Representative of plaintiff is present and filed affidavit of service. Taken on record. It is marked as Exh-8 .
Order below Exh-1
Perused affidavit of service at Exh-8 and record. Heard Ld. Counsel for the plaintiff. On perusing affidavit of service at Exh-7 and bailiff report, it appears that writ of summons is not served on the defendant, as it is reported that the defendant has left the said premises 7 years ago and dose not know present whereabouts, as mentioned in the bailiff report. Therefore, the plaintiff has served writ of summons to the defendant by way of substitute service i.e. by way of paper publication in two local daily news papers on 05.05.2024. The defendant failed to appear. Hence, matter be proceeded ex-parte against defendant.
Matter is adj to 13.09.2024 for filing original documents and ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: P.O. IS ON LEAVE
Next Purpose: ARGUMENTS
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. S. R. Kadam for plaintiff is present and requested for adjournment to file original documents. Adjournment is granted.
The defendant and his counsel are absent.
Matter is adj to 26.11.2024 for filing original documents and filing Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-11-2024
Date: 26-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Dharmendra, 35 years, Service, Byculla, representative of plaintiff is present.
Adv. S. R. Kadam for plaintiff is present and filed Evidence affidavit and list of documents along with documents. Taken on record. They are marked as Exh-9 and 10 respectively.
Matter is adj to 19.12.2024 for hearing on exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-12-2024
Date: 19-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. for plaintiff is present.
kept back.
Later on 12.20
Adv. for plaintiff is present and requested for adjournment to file documents. Adjournment is granted.
Matter is adj to 13/01/2025 for filing documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-02-2025
Date: 03-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Dharmendra, Age 35 years, Byculla, Mumbai representative of plaintiff is present.
Adv. S. R. Kadam for plaintiff is present and filed an application for production of documents and additional evidence and documents. Taken on record. It is marked as Exh-11 and 9A respectively. O-Production is allowed.
Matter is adj to 07.03.2025 for hearing on exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-03-2025
Date: 07-03-2025
Business: P.O. IS ON HALF DAY LEAVE (MORNING)
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-06-2025
Date: 17-06-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. S. R. Kadam for plaintiff is present.
Heard counsel for plaintiff on exhibiting documents.
Matter is adj to 08.07.2025 for exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-07-2025
Date: 08-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Keep back
Representative of plaintiff is present.
Adv. S. R. Kadam for plaintiff is present and requested for adjournment to file new evidence. Adjournment is granted.
Matter is adj to 11.08.2025 for filing new evidence.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2025
Date: 11-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Ravi Prakash, 38 years, Service, Canara Bank, Byculla branch, representative of plaintiff is present and admitted contents of evidence in affidavit and identified his signature.
Adv. S. R. Kadam for plaintiff is present and filed application to produce fresh evidence along with additional evidence. TOR and marked as Exh-12 and 13 respectively. O-Allowed.
Matter is adj to 11.09.2025 for hearing on exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-09-2025
Date: 11-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Representative of plaintiff is present.
Adv. S. R. Kadam for plaintiff is present.
Heard counsel for plaintiff on exhibiting documents.
Matter is adj to 10.10.2025 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-10-2025
Date: 10-10-2025
Business: P.O. IS ON LEAVE
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-11-2025
Date: 28-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Ravi Prakash, representative of plaintiff is present.
Keep back
Later on at 1.45 pm.
Matter is fixed for hearing on exhibiting documents. On perusing record, it appears that verification of new witness is pending. Hence, plaintiff is directed to keep witness present on next date for verification.
Matter is adj to 27.01.2026 for verification of witness.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-01-2026
Date: 27-01-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Ravi Prakash, age-38 years, Service, Byculla, Mumbai, representative of plaintiff is present and admitted contents of evidence in affidavit and identified his signature.
Adv. S. R. Kadam for plaintiff is present.
Heard advocate for plaintiff on exhibiting documents.
Matter is adj to 24.02.2026 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-02-2026
Date: 24-02-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. for plaintiff is present.
Keep back.
Matter is fixed for marking of document. However, plaintiff has filed photocopy of authority letter. Plaintiff to satisfy on this aspect.
Matter is adj to 01.04.2026 for hearing.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-04-2026
Date: 01-04-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Advocate for plaintiff is present and requested for adjd. O- Granted.
Matter is adj to 28/04/2026 for hearing on Exhibiting the documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-04-2026
Date: 28-04-2026
Business: P O IS ON LEAVE
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-06-2026
Date: 16-06-2026
Business: The plaintiff and his advocate are absent.
Plaintiff is given last chance for taking steps.
Matter is adj to 23-07-2026 for Taking steps..
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-07-2026
Date: 23-07-2026
Business: Matter received from C.R.81 as per office order dated 29-06-2026.
Plaintiff present. Adv. S. R. kadam for plaintiff present, already claim affidavit verified. Today additional claim affidavit is verified.
Heard the counsel of plaintiff.
The following document are exhibited under the list of Exh.10
Sr.1 Copy of Application for credit facilities to Micro and small Enterprises TOR and marked as Exh.14
Sr.2 Sanction Letter TOR and marked as Exh.15
Sr.3 Copy of receipt payment TOR and marked as Exh.16
Sr.4 Copy of Composite Hypothecation Agreement TOR and marked as Exh.17
Sr.5 Copy of Advocate notice along-with undelivered returned packet TOR and marked as Exh.18
Sr.6 Statement of Account TOR and marked as Exh.19
Certificate under section 2A (b) of the Bankers Book of Evidence Act.1891 TOR and marked as Exh.20
Advocate for plaintiff file evidence closing pursis TOR and marked as Exh.21
Exh.22 Judgment.
F.R.S.R Follwing order is passed.
ORDER
1.Summary Suit No.384 of 2019 is partly decreed with costs.
2.Defendant shall pay to the plaintiff bank the amount of Rs.2,14,799/-(Rupees Two Lakhs Fourteen Thousand Seven Hundred and Ninety Nine Only) along-with interest @ 10.75 percent p.a. from 07.03.2019 till realization.
3.Decree be drawn accordingly.
Judge
Nature Of Disposal: PARTLY DECREED
Disposal Date: 23-07-2026