Date: 04-09-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Both parties and their advocates are absent when called out.
Issue writ of summons.
Adjourned for writ of summons to 20.01.2021.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Adv. Sujata Dahiwalkar for plaintiff present.
None for defendant
Exh.2 - VP of Adv. Nanaware submitted by Adv. for plaintiff.
Exh. 3- Draft C/S submitted by plaintiff, there is no service of summons to defendant. Hence, it is treated as application. Perused notification of RBI dtd. 28-03-2020. It is allowed to change the name of plaintiff from Syndicate to Canara Bank. Plaintiff to carry out the amendment within a week.
Matter is adjd.to 27-01-2021 for compliance.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv. Sujata Dahigavokar for plaintiff prayed for extension time to carry out amendment. Two weeks extension is granted.
None for defendant.
Matter is adjd.to 24-02-2021 for compliance.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. Ms. Sujata Dahigaonkar for plaintiff, prayed for issuance of writ of summons- Granted.
None for defendant.
Matter is adjd.to 16.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Ms. Sujata Dahigaonkar for plaintiff, prayed for extension of time for writ of summons.- Granted.
None for defendant.
Matter is adjd.to 20.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 06-07-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 10.08.2021 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present.
KB at 11.28 a.m.
Later-on at 12.07 p.m.
Adv. for plaintiff filed application for reissuing fresh writ of summons to the defendant, TOR and marked as Exh.4.
O-Allowed.
Matter is adjd.to 20.09.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Sujata Dahigavkar for plaintiff present and requested for adjournment for filing affidavit of service – granted.
Matter is adjd.to 12-10-2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present and filed affidavit of service t.o.r. and marked as Exh.5
Matter is adjd.to 18-11-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present and submitted that time may be granted for taking steps.
Matter is adjd.to 03-12-2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 17-01-2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Both parties and their Advocates absent when called out.
Matter is adjd.to 05-02-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Both parties absent when called out.
Matter is adjd.to 01-03-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Sujata Dahigaonkar i/b Adv. Sandhya Nanavare for plaintiff present and prayed for adjournment for taking steps - short date be given.
Matter is adjd.to 24-03-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv. Sujata Dahigaokar for plaintiff present and filed draft CS with supporting affidavit for substituted service t.o.r. - leave is granted to register Chamber Summons.
Matter is adjd.to 29-03-2022 for filing registered
chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and filed original registered C/S No. 427/22 with supporting affidavit t.o.r.
Heard Adv. Sujata Dahigaonkar in C/S No. 427/22.
As the defendant could not be served with writ of summons as per affidavit of service Exh.5 , the plaintiff is justified in seeking substituted service. Hence, CS No. 427 /22 is made absolute in terms of prayer clause (a). Issue fresh writ of summons for substituted service upon the defendant by publishing in Free Press Journal and Nav Shakti . Time is extended for service of writ of summons. CS No. 427 /22 is disposed off.
Matter is adjd.to 09-06-2022 for paper publication of writ of summon.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Adv. Sujata Dahigavkar for plaintiff present and sought time for service of writ of summons through paper publication and pasting.
Adjd for writ of summons to 26/07/2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and seeks extension of time to serve defendant through paper publication.
Adjd for affidavit of service to 29/08/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: None present when called. Plaintiff is directed to file affidavit of service on next date.
Adjd for affidavit of service to 03/10/2022
L. O
Adv. Sujata Dahigaonkar for plaintiff present and submitted that report of service are awaited.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Adjd for affidavit of service to 16/11/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Plaintiff to file affidavit of service on next date failing which further orders will be passed.
Adjd for affidavit of service to 13/12/2022
LO
Adv. Sujata Dahigaonkar for plaintiff present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: CORAM : H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Adv. Sujata Dahigaonkar for plaintiff present.
None for defendant.
Exh. 06 Adv. for plaintiff filed affidavit of service of summons as well as original writ of summons and paper cutting of news paper. O. Seen.
The summons was issue to the defendant by way of substituted service and summons was published in the two news paper in the name of defendant. The writ of summons is duly served to the defendant. He is absent. Hence suit to proceed ex-parte against the defendant.
Adjourned to 21-12-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
None for defendant.
Plaintiff witness present.
Exh.6 - Affidavit of Examination in chief of plaintiff banks Sr. Manager namely Sharan Preet Singh Adsul. O- Sr. plaintiff banks Sr. Manager namely Sharan Preet Singh is present before the Court. He admits the contents of affidavit. It is read and recorded.
Exh.77- List of documents. O- Filed.
Following documents were proved in the Examination in chief of witness.
Document filed alongwith Exh. 9 were marked as Exh. 8/1 to Exh. 8/8.
Defendant is absent. Hence No Cross Examination.
Evidence closing pursis filed by plaintiff. O- Read and recorded.
Heard argument of Ld. Adv. Sujata Dahigaonkar for plaintiff
Case is adjd. for judgment to 07.01.2023.
Next Purpose: JUDGMENT
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: Adv. Sujata Dahigaonkar for plaintiff present. None for defendant.
Court pronounced judgment in open court
Exh-10 Judgment
FRSR the following order is passed
ORDER
1. Commercial Suit No. 451 of 2020 is decreed with costs.
2. The defendant do pay an amount of Rs.5,44,213.35ps (Rs. Five Lakhs Forty Four Thousand Two Hundred Thirteen and Thirty Five paise Only) to the plaintiff bank along with interest at the rate of 11.25 percent per annum on the principal amount from the date of filing of the suit till its realization within three months from the date of this decree.
3. Defendant shall bear the cost of the suit.
4. Court fee, if any, be refunded to the plaintiff as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 07-01-2023