Date: 26-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Rohan Sinha for plff.
Adv. For deft. Absent.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. For the plff. Filed application for extension of time for serving writ of summons upon the defendants. Exh-5 Order- Granted as prayed.
Matter is adjd to 07.04.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Next Purpose: REPORT
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Next Purpose: REPORT
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPORT
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: National Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Upadhyay for plff. absent.
Matter is adjd to 20.02.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: P.O. is on leave.
Matter is adjd to 09.04.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Adv. Upadhay for plaintiff present.
Defendant and his advocate are absent
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
Matter is adjd to 09.07.2021 for Report
Next Purpose: REPORT
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 06.09.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Adv. Ms. Archana Bhor Plaintiff present.
None present for Defendant.
Matter adj. to 16/04/2022 Report.
Next Purpose: REPORT
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: P.O. is on training
Next Purpose: REPORT
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: None for Plaintiff.
None for Defendant.
Plaintiff to take proper steps to serve the defendant and file service affidavit.
Matter adjourned to 19.10.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv.Upadhayay for plaintiff present. He filed application for extension of time to serve writ of summons (Exh-6).
Order-Time extended till next date.
Matter is adj to 11/01/2023 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv.Ms.Arshee Shaikh i/b M/s.V.B.Tiwari and Company for plaintiff. She tendered draft Chamber of Summons along with affidavit for amendment.
Heard Ld.Adv. for plaintiff.
ORDER ON DRAFT CHAMBER SUMMON.
Plaintiff has taken out present Chamber Summons seeking amendment in the title clause of the plaintiff/bank.
2. Heard Adv.Arshee Shaikh for the plaintiff. She submits that during pendency of the suit, the Corporation Bank has undergone amalgamation with Union Bank of India. The copy of Gazette Notification dated 4th March 2020 is annexed to the chamber summons. Therefore the title of the plaintiff needs to be amended accordingly.
3. As such amendment sought is formal in nature, same deserves to be allowed. Hence, the order.
ORDER
1. Draft Chamber summons is hereby allowed in terms of
prayer clause (a).
2. Amendment be carried out within 14 days and amended plaint be filed in the court thereafter.
3. Plaintiff to register Chamber summons for statical purpose.
4. Chamber Summons is disposed of accordingly.
Matter is adj to 24/03/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Upadhayay for plaintiff present. He filed application for extension of time amendment (Exh-7).
Order-Time extended by one week as a last chance.
Matter is adj to 03/07/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: Adv. Mandula Chigari h/f Adv. V. B. Tiwari and Co. for plaintiff present and filed application for extension of time for amendment. TOR. It is marked as Exh-4.
Order below Exh-4
On perusal of the record it is appearing that CS for amendment was allowed by the order dated 11.01.2023 and the amendment was to carry out within 14 days. However, it is not yet carried out and again praying extension of time to carry it out.
Application is allowed in the interest of justice, as a last chance, subject to costs of Rs. 1,000/- payable to DLSA. The plaintiff to carry out amendment with 14 days from today.
Matter is adj to 21.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-08-2023
Date: 21-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his advocate are absent. The plaintiff failed to comply the order of carrying out the amendment and also payment of the costs. Hence, Matter is adj to 30.09.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Upadhyay for plaintiff is present and filed application for extension of time to carry out amendment. It is marked as Exh-9. O-Time is extended in the interest of justice, subject to costs of Rs.1,500/- payable to DLSA. The plaintiff to carry out amendment within two weeks on paying todays costs and previous costs.
Matter is adj to 21.10.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Archan Bhor h/f Adv. V. B. Tiwari for plaintiff is present and submits that amendment is carried out as per order dated 03.07.2023 and requested for issuing fresh writ of summons to the defendant. O-Issue fresh writ of summons to the defendant. The plaintiff to lodge the writ of summons with the office within ten days.
Matter is adj to 22.11.2023 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2023
Date: 22-11-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and its advocate are absent. The plaintiff has not paid the costs of Rs.1,000/- imposed by the order dated 03.07.2023.
Matter is adj to 16.02.2024 for filing service affidavit and payment of costs of Rs.1,000/-.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: Adv Manjula Chigari for plaintiff present.
She filed affidavit of service. t.o.r. marked as Exh. 10.
On perusal affidavit of service, it appears that the writ of summons is served to the defendant, as it appears from postal track report and AD card. The defendant failed to appear. Hence matter be proceeded against the defendant.
Matter stands Adj for filing original documents and ex-parte Evidence on 25/04/2024.
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)
Adv. Kalyani Pate h/f Adv. V. B. Tiwari for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 21.06.2024 for filing original document and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. V. B. Tiwari for plaintiff is present and requested for adjournment. Adjournment is granted as a last chance.
Matter is adj to 06/08/2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-08-2024
Date: 06-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. V. B. Tiwari for plaintiff is present.
Keep back
Later on at 12.31 pm
Mr. Jasti V. V. Prasad, representative of the plaintiff age 42 years, Matunga, is present.
Adv. V. B. Tiwari for plaintiff is present and filed Evidence affidavit and list of documents along with documents. Taken on record. They are marked as Exh-10 and 11 respectively.
Matter is adj to 04.09.2024 for hearing on admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. V. B. Tiwari for plaintiff is present and filed evidence close pursis. Taken on record.
Matter is adj to 14.10.2024 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-10-2024
Date: 14-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. for plaintiff is present.
kept back.
Perused documents filed by the plaintiff vide list Exh-11. Documents at Sr. No. 01 to 05 are originals, documents at Sr. No. 6 is office copy of notice, documents at Sr. No. 7 is a bank statment along with requied certificate Under Provision on Banker book of evidence act. Hence, this documents are marked as exhibits. Document at Sr. No. 9 is photocopy of Power of Attorney hence, it can not be marked as exhibit.
Exh-12 - Original of Loan Application dated 09.03.2016
Exh-13 - Original of Sanction Letter dated 10.03.2016
Exh-14 - Original of Demand Promissory Note dated 10.03.2016
Exh-15 - Original of Take Delivery Letter to D. P. Note dated 10.03.2016
Exh-16 - Original of Common Deed of Hypothecation dated 10.03.2016
Exh-17 - Legal Notice dated 28.01.2019
Exh-18(Colly.)- Bank Statment of Account and Certificate Under Section 2a(A) of the Banker\\\''s Book of Evidence act, 1891.
The plaintiff has filed evidence close pursis. Taken on record. It is marked as Exh- 19.
Matter is adj to 11/11/2024 for Ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. V. B. Tiwari for plaintiff is present.
Heard ex-parte argument of counsel for plaintiff.
Matter is adj to 25.11.2024 for further argument/ex-parte judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. V. B. Tiwari for plaintiff is present.
Heard ex-parte argument of counsel for plaintiff.
Matter is adj to 10.12.2024 for further argument/ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 10-12-2024
Date: 10-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. V. B. Tiwari for plaintiff is present.
Ex-parte judgment is marked as Exh-20.
FRSR following order is passed
Order
1) Summary Suit No. 29 of 2020 is hereby decreed with the costs.
2) The defendant shall pay an amount of Rs. 32,220/- (Rupees Thirty Two Thousand Two Hundred and Twenty only) to the plaintiff.
3)The defendant shall pay to the plaintiff interest on Rs. 32,220/- at the rate of 9.65 percent per annum from 01/04/2017 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: 10-12-2024