Date: 04-01-2022
Business: Adv. Aarti Dharamsay for plaintiff present.
Issue suit summons to defendant along with plaint and documents annexed with plaint for settlement of issues and for filing written statement within 30 days from the date of service of summons to defendant.
The matter is adjd for filing service affidavit to 08.02.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Adv. Aarti Dharamasay for plaintiff present.
Exh. 2 - Advocate for plaintiff tendered service affidavit. T.O.R. Writ of Summons are served to deft. nos. 2 and 3.
Exh. 3 - Application for service of summons to deft. no. 1 through paper publication.
O. - Summons to deft. no. 1 cannot be served on the address known to the plaintiff. Considering the service affidavit filed on record, there is reason to believe that defendant no. 1 is keeping out of the way for the purpose of avoiding service. Therefore, summons to deft. no. 1 be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant no. 1 is last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house.
The matter is adjd for passing Ex-Parte Order against deft. nos. 2 and 3 and filing service affidavit regarding deft. no. 1 to 21.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv. Abhishek Bhaduri for plaintiff present.
Exh.4 - Service affidavit filed by Adv. For plaintiff. T.O.R.
Exh.5 - Bailiff report. T.O.R.
K.B.
L.O. at 05.00 pm.
As per service affidavit (Exh.2), deft. nos.2 and 3 are duly served with writ of summons. As per service affidavit (Exh.4) and bailiff report (Exh.5), def. no.1 is deemed to be served with writ of summons. But, deft. nos.1 to 3 failed to tender their appearance. Therefore, suit to proceed ex-parte against deft. nos.1 to 3.
The matter is adjd for ex-parte evidence to 28.04.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv. Abhishek Bhaduri for plaintiff present. He sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 21.06.2022.
L.O. at 11.50 am.
Adv. Sandip Salvi for defts. appeared and tendered vakalatnama on behalf of deft. nos.1 to 3. But, already ex-parte order is passed against deft. nos.1 to 3 as per order dated 21.03.2022.
The matter is already adjd for ex-parte evidence to 21.06.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Aarti Dharamsay for plaintiff present.
Exh.6 - Adv. For plaintiff filed affidavit of evidence of PW-1 Vithoba Korgaonkar. T.O.R.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.7 - List of documents. T.O.R.
From the evidence of PW-1 Vithoba Korgaonkar, following documents are proved, therefore, they are exhibited.
Exh.8 - Authority letter.
Exh.9 - Loan application.
Exh.10 - Sanction letter.
Exh.11 - Loan agreement.
Exh.12 - Electronic service registration form.
Exh.13 - Office copy of the legal notice.
Exh.14 - Statement of account.
Exh.15 - Adv. For plaintiff filed evidence closing pursis. T.O.R.
The matter is adjd for arguments to 24.06.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: None for plaintiff.
Adv. J.D. Shaikh i/b. Adv. Sandip Salvi for deft. nos.1 to 3 present.
Exh.16 - Application for adjournment submitted on behalf of deft. nos.1 to 3.
O. - It is submitted on behalf of deft. nos.1 to 3 that they are going to take steps for setting aside ex-parte order passed on 21.03.2022. Adv. appearing on behalf of deft. nos.1 to 3 sought an adjournment.
As per order dated 21.03.2022, matter proceeded ex-parte. On 28.04.2022, Adv. Sandip Salvi filed vakalatnama on behalf of deft. nos.1 to 3. As already ex-parte order was passed, appearance of deft. nos.1 to 3 was not taken on record. On 21.06.2022, plaintiff adduced evidence and the matter is now posted for arguments. Deft. nos.1 to 3 sought an adjournment for taking steps. In the interest of justice, adjournment as prayed for is granted as a last chance.
The matter is adjd for arguments to 07.07.2022.
L.O. at 12.30 pm.
Adv. Aarti Dharamsay for plaintiff present.
The matter is already adjd for arguments to 07.07.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Abhishek Bhaduri for plaintiff present.
K.B.
L.O. at 12.25 pm.
Adv. Sandip Salvi for deft. nos.1 to 3 present.
Adv. For deft. nos.1 to 3 sought an adjournment for taking steps. Matter is already proceeded ex-parte. Therefore, adjournment as prayed for cannot be granted.
The matter is adjd for arguments to 15.07.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. Pranay Pawar for plaintiff present.
K.B. at 2.45 pm.
Adv. Abhishek Bahadduri for plaintiff present.
Heard argument of advocate for plaintiff.
The matter is adjd for judgment to 19-07-2022
Next Purpose: JUDGMENT
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: None for plaintiff.
Adv. Anuj Jhaveri appeared before the Court and submitted that defendants instructed him to appear before the Court. He further submits that he will take appropriate steps for setting aside ex-parte order. He prayed for an adjournment for taking steps. In the interest of justice, adjournment as prayed for is granted.
Exh.17 - Vakalatnama tendered on behalf of deft. nos.1 to 3 by Adv. Anuj Jhaveri.
The matter is adjd for steps to 29.07.2022.
L.O. at 01.05 pm.
Adv. Abhishek Bhaduri for plaintiff present.
The matter is already adjd for steps to 29.07.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Abhishek Bhaduri for plaintiff present.
Adv. Aashish Darne i/b. Adv. Anuj Jhaveri for deft. nos.1 to 3 present.
Adv. For deft. nos.1 to 3 sought time for taking steps. Ld. Counsel for plaintiff strongly objected for giving time for taking steps. Already sufficient opportunities are given to deft. nos.1 to 3 for taking steps. However, in the interest of justice, adjournment as prayed for is granted as a last chance.
The matter is adjd for steps to 04.08.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Abhishaik Bhadure for plaintiff present.
None for deft. present.
K.B. L.O. at 11.50 a.m.
Adv. Aashish Darne for deft. no. 2 & 3 present.
Adv for deft. no. 2 & 3 tendered draft notice of motion. t.o.r.
O. - Leave is granted to register Notice of motion.
The matter is adjd for N/M reply to 19-08-2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Pawar for plaintiff present.
Adv. Aashish Darne i/b. Adv. Anuj Jhaveri for defts. present.
Adv. for defts. tendered registered N/M No.2843/22. T.O.R.
Adv. For plaintiff sought time for filing reply to N/M. Time as prayed for is granted.
The matter is adjd for reply to N/M to 26.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Pranil Pawar for plaintiff present.
Adv. Aashish Darne h/f. Adv. Anuj Jhaveri for deft. nos.2 and 3 present.
Adv. For plaintiff tendered reply to N/M. T.O.R.
On oral request of Adv. For deft. nos.2 and 3, the matter is adjd for rejoinder to N/M to 22.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: The Court is Vacant.
Hence, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: The Court is Vacant.
Hence. The Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: The Court is Vacant. Hence, Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: The court is vacant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Matter pertains to C.R. No. 14. Adv. Abhishek Bhaduri a w Vithoba Korgaonkar, authorised representative of plaintiff are present. Adv. Aashish Darne i b Anuj Jhaveri for deft is present.Exh.18 -Ld adv for plaintiff filed application for withdraw the suit t.o.r. O- Defendant to say. Adv for defendant say filed on itself.Order below Exh.18- Plaintiff banks authorised signatory namely Vithoba Korgaonkar is present with his advocate. Defendants advocate is present. Plaintiff wants to withdrawn suit unconditionally. Defendants have no objection. Hence, plaintiff is permitted to withdraw suit unconditionally. Therefore suit stands disposed off as withdrawn. Parties to bear their respective cost.F.R.S.R. following order below Exh.01 is passed- ORDER 1. Commercial Suit No. 1313 of 2021 is disposed off as withdrawn. 2.Parties to bear their respective costs. 3.Court fee be refunded to the plaintiff as per rule. 4.The proceeding of Commercial Suit No. 1313 of 2021 is closed. F.R.S.R. following order is passed in Notice of Motion No. 2843 of 2022- ORDER 1 Notice of Motion No. 2843 of 2022 is disposed off. 2.Order according.
Nature Of Disposal: WITHDRAWL
Disposal Date: 01-03-2023