Date: 06-05-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 18/08/2021 for Report
Next Purpose: REPORT
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 16.10.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: As per circular declared holiday
Next Purpose: REPORT
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: None present.
Matter is adjd to 01.04.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: PO is on training. Matter adj. to
Next Purpose: REPORT
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: None for Plaintiff.
No Affidavit of Service is filed. Plaintiff to take proper steps.
Matter adjourned to 22/09/2022 for Report.
Next Purpose: REPORT
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. for plaintiff present.
Advocate for plaintiff filed affidavit of service (Exh.02).
Advocate for plaintiff submits that defendant no.1 is served on 07.08.2021 and defendant no.2 on 06.08.2021.
In spite of service of writ of summons defendants failed to appear. Hence, suit to proceed ex-parte.
Matter is adjd. to 19.12.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: None for plaintiff no ex-parte evidence filed.
Matter is adj to 21.02.2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Adv.Maya Majumdar for plaintiff present. She seeks time for adducing ex-parte evidence. Time granted.
None for defendant (ex-parte).
Matter is adj to 11/04/2023 for ex-parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As court is busy dictating Judgment in Suit No.8573 of 1999 and argument P.H in Suit No.3734 of 2011, remaining first session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 28/06/2023 for ex-parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Maya Mujumdar for plaintiff present.
KB.
L.O. at 05.05 p.m.
Adv.for plaintiff present and filed application under order 2 Rule 2 CPC. TOR. Marked as Exh.3. O- Plaintiff to argue this application.
Plaintiff counsel prayed for adjournment.
Matter is adj to 04-10-2023 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Maya Mujumdar for plaintiff is present.
Order below Exh-3
Perused the application. Heard the counsel for the plaintiff. According to her, defendant No.2 is a guarantor and it is under corporate insolvency resolution process under IBC and moratorium u/s 14 of the court is running after the company and therefore, the plaintiff does not want to proceed against defendant No.2 and wants to withdraw the suit with the prayer of granting leave under Order-2, Rule-2 of the CPC.
Application (Exh-3) is allowed. The suit sands withdrawn against defendant No. 2 and leave under Order-2, Rule-2 of CPC to seek the reliefs is granted, subject to the law of limitation.
Application for substitution of the witness. TOR. It is marked as Exh-4.
Order below Exh-4
Perused the application. Heard the counsel for the plaintiff. It is appearing that the plaintiff is seeking permission to allow to lead the evidence of new authorized representative. The law does not expect to seek such a permission. Application is no legal consequences. Application (Exh-4) is rejected.
The counsel for plaintiff seeking adjournment. Adjournment is granted.
Matter is adj to 05.01.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Maya Mujumdar for plaintiff is present and requested for adjournment. Adjournment is granted as last chance.
The plaintiff is directed to take positive steps to tender their evidence on next date.
Matter is adj to 24.01.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Adv. Ms. Maya Mujumdar for plaintiff is present and requested for short adjmt to file exparte-evidence.
Matter is adjd as a last chance to file ex-parte evidence.
Matter is adj to 28/02/2024 for filing original documents and Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Court is on Leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 19.06.2024 for filing original documents and ex-parte evidence.
Later on at 1.45 pm
Mr. Jitendra Singh Rawat, representative of the plaintiff is present.
Adv. Maya Mujumdar for plaintiff is present and filed an application for permission to file evidence affidavit and documents. Taken on record. It is marked as Exh-5. O-Allowed.
Evidence affidavit of Mr. Jitendra Singh Rawat is taken on record and it is marked as Exh-6.
List of documents along with documents is taken on record and it is marked as Exh-7.
Matter is adj to 19.06.2024 for hearing on admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Date: 24-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Akanksha Shukla h/f Maya Majumdar for plaintiff is present and requested for adjournment. Adjournment is granted as a last chance.
Matter is adj to 23/08/2024 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-08-2024
Date: 23-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 21.10.2024 for hearing on admission and denial of document.
Later on at 1.07 pm
Adv. Akanksha Shukla h/f Adv. Maya Majumdar for plaintiff is present.
Matter is adj to 21.10.2024 for hearing on admission and denial of document.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-10-2024
Date: 21-10-2024
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.
Heard counsel for plaintiff on exhibiting documents.
Matter is adj to 25.11.2024 for exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-11-2024
Date: 25-11-2024
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 through Video conferencing.
Perused documents filed by the plaintiff vide list Exh-7. Documents at Sr. No.1 to 6, 14 and 15 are originals, documents at Sr. No.7 to 8 are office copies, Documents at Sr. No.9 to 11 are copy of Legal Notice and reply verified from originals, document at Sr. no.12 is Statement of accounts and NPA statement supported by Certificate u/s 65B of The Indian Evidence Act. Hence, these documents are marked as Exhibits.
Documents at Sr. No.13 and 17 are photocopies. Hence, these documents are not exhibitied.
Exh-8 Loan application
Exh-9 Credit Sanction Intimaiton
Exh-10 Agreement for Term Loan
Exh-11 Agreement for Hypothecation.
Exh-12 Letter of undertaking/declaration
Exh-13 Delivery Receipt
Exh-14 Office copy of Letter written by plaintiff bank to defendant.
Exh-15 Office copy of Legal Notice dated 06.12.2019.
Exh-16 Office copy of Legal Notice dated 09.12.2019.
Exh-17 Copy of reply to letter dated dated 28.11.2019 by Premier Ltd to plaintiffs Demand Notice (Verified from original)
Exh-18 Copy of reply dated 05.12.2019 to letter dated 28.11.2019 by Premier Ltd to plaintiffs Demand Notice (Verified from original)
Exh-19(colly) Certified statement of accounts and NPA statement supported by certificate u/s 65B of The Indian Evidence Act.
Exh-20 Original acknowledgement of defendant
Matter is adj to 06.01.2025 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2025
Date: 06-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Akansha Shukla h/f Adv. Maya Majumdar for plaintiff i present and filed evidence close pursis. Taken on record. It is marked as Exh-21.
Matter is adj to 04.02.2025 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-02-2025
Date: 04-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 25.02.2025 for ex-parte argument.
Later on at 12.47 pm
Adv. Maya Majumdar for plaintiff is present.
Matter is adj to 25.02.2025 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-02-2025
Date: 25-02-2025
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.
Keep back.
Later on at 12.26 pm
Adv. Maya Majumdar with Adv. Akanksha Shukla for plaintiff is present.
Heard ex-parte argument of counsel for plaintiff.
Matter is adj to 05.03.2025 for further argument/ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-03-2025
Date: 05-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Aakansha Shukla h/f Adv. Maya majumdar for plaintiff is present through video conferencing
Keep back.
Matter is fixed for ex-parte judgment. Advocate for plaintiff to clarify on the point of limitation.
Matter is adj to 21.03.2025 for argument on the point of limitation.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-03-2025
Date: 21-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Maya Mujumdar present through VC and Adv. Akanksha Shukla for plaintiff present in court.
Heard Ld. counsel for plaintiff on point of limitation.
Matter is adj to 05.04.2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 05-04-2025
Date: 05-04-2025
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.
Ex-parte judgment is marked as Exh-22.
FRSR following order is passed
Order
1)Summary Suit No. 293 of 2021 is hereby decreed with the costs.
2)Defendant No. 1 shall pay an amount of Rs. 2,82,936/- (Rupees Two Lakhs Eighty Two Thousand Nine Hundred Thirty Six only) to the plaintiff bank.
3)The defendant No. 1 shall pay to the plaintiff simple interest on Rs. 2,59,093/- at the rate of 7 percent p.a. from 04/02/2020, the date of filing of suit till its full realization.
4)The plaintiff may be entitled to get refund the court fees paid, if provided for in Rules.
5)The decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 05-04-2025
