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: WRIT OF SUMMONS
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 service of writ of summons. - adjournment granted. Time is extended for service of writ of summons.
Matter is adjd.to 12-10-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present and prayed for extension of time for service of writ of summons. - granted. Time is extended for service of writ of summons.
Matter is adjd.to 18-11 -2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present and submitted that writ of summons is served upon the defendant and she will file affidavit of service on the next date of hearing.
Matter is adjd.to 03-12-2021 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present and filed affidavit of service with original writ of summons and bailiff report t.o.r. and marked as Exh.5
None for defendant
Matter is adjd.to 21-12-2021 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present.
On perusal of record, it appears that writ of summons was sent to the defendant and he received the same on 16-11-2021 as per bailiff report on writ of summons annexed with affidavit of service Exh.5, but the defendant failed to appear. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to 14-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None for plaintiff.
Adv. Mr. Rakesh Kharva for defendant present and filed vakalatnama, t.o.r. and marked as Exh.5.
Matter is adjd.to 07-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: The matter was on board dated 07/02/2022.
Holiday was declared on 07/02/2022 to mourn the sad demise of Bharat Ratna Lata Mangeshkar on 06/02/2022.
Matter is adjd.to 22-02-2022 for rec/evi. (P.H.).
Next Purpose: EX-PARTE EVIDENCE
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 filing evidence - short date be given.
Adv. Aniket Shendekar for defendant present and tendered draft NM with supporting affidavit for condonation of delay for taking WS on record t.o.r. and Leave is granted to register the NM.
Matter is adjd.to 24-03-2022 for ex parte evidence and
filing registered NM.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: None for plaintiff.
Adv. Kamar Ali Shaikh h/f Adv. Vijay Thakur for defendant present and filed registered NM No.808/2022 t.o.r.
He also filed affidavit of service regarding NM t.o.r. and marked as Exh.6.
L.O.
Adv. Sujata Dahigaokar a/w witness Vinay K. Vaidhya for plaintiff present and filed evidence affidavit t.o.r. and marked as Exh.7.
She also filed list of document t.o.r. and marked as Exh.8.
The defendant is directed to provide copy of NM to Advocate for the plaintiff.
L.O.
Adv. Kamar Ali Shaikh appeared and provided copy of NM to Adv. Sujata Dahigaokar for the plaintiff.
Matter is adjd.to 29-03-2022 for NM reply (2.45pm).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and she has given say at the backside of NM No. 808/22.
Adv. Kamar Ali Shaikh for defendant present.
Heard both sides in NM No. 808/22.
F.R.S.R. following order is passed in NM No. 808/22-
ORDER
1) Notice of Motion No. 808/2022 is made absolute in terms of prayer clause (a),(b) and (c) subject to cost of Rs. 2,000/- (Rupees Two Thousand Only) payable to the plaintiff or his learned counsel on or before the next date of hearing.
2) Ex- parte order passed in roznama dtd. 21/12/2021 is set aside.
3) The defendant is directed to file written statement on or before the next date of hearing subject to payment of cost as above.
3) The proceeding of N/m No. 808/22 is closed.
Matter is adjd.to 07-04-2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and received cost of Rs. 2000/- from the defendant.
Adv. Kamar Ali Shaikh alongwith defendant present and filed written statement t.o.r. and marked as Exh.9
Adv. Sujata Dahigaonkar for plaintiff received copy of Exh. 9.
Matter is adjd.to 04-05-2022 for admission denial by
both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv. Sujata Dahigaokar for plaintiff present.
Adv. Kamar Ali for defendant present.
Matter is adjd.to 29-06-2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: None present for both sides.
Kb L. O
Exh- 10 Intern of adv. for defendant present and filed application for adjournment. O- Granted.
Adjd for admission denial to 18/08/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Adjd for admission denial to 08/09/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: None present when called.
Admission denial not filed by both sides. Both parties are directed to file admission denial on next date.
Adjd for admission denial to 15/11/2022
L. O
Adv. Sujata Dahigaonkar for plaintiff present.
Adv. Bhagyashree Menkudale for defendant present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Defendant present.
Adv. Gauri h/f Adv. Vijay Thakur for defendant present.
on submission of adv for plaintiff both parties are directed to give inspection of documents to each other.
Adjd for admission denial to 22/12/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Parties directed to file the admission and denial.
Adjd to 20.01.2023 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: P.O. is on leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: None present.
For passing order of no admission and denial against both sides.
Case is adjourned to 03.05.2023 for order against both sides of no admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: Adv. Sujata Dahigaokar for plaintiff present.
None for defendant.
Exh.11 - Ld adv for plaintiff filed application for passing no admission denial order against the defendant t.o.r. O- Defendant to say.
Case is adjourned for say on Exh.11 to 22-06-2023.
Next Purpose: FILING SAY
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: P. O. is on leave
Next Purpose: FILING SAY
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: Suyndicate Bank vs. Naikba Travels.
Adv.Sujata Dahigaonkar present for plaintiff.
Adv. Shamal Kondkar present for defendant.
Parties to take steps regarding admission and denial, else, put for necessary steps.
Matter adjourned to 13.09.2023 for Filing say.
Next Purpose: FILING SAY
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Syndicate Bank Vs Naikba Travels
Adv. Sujata Dahigaonkar present for plaintiff.
Defendant side called, but absent.
Written Statement is filed at Exh.9 on 07.04.2022.
Since, then the parties have not filed admission / denial and have not taken any steps. Sufficient time has given parties to take steps. However, parties failed. Hence, application at Exh.11 is filed.
Issues are being framed.
Exh.12 - Issues, Case Management Hearing.
Case Management Hearing
Issues are framed today. Accordingly, Order regarding Case Management Hearing is passed
1)
Parties to submit list of witnesses by next date.
2)
After submitting list of witnesses, parties, within next 30 days, to file evidence-affidavits of all witnesses.
3)
Thereafter, within next 30 days, the plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from plaintiff side.
4)
Thereafter, within next 30 days, the plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from defendant side.
5)
Thereafter, parties shall conclude their arguments within two weeks.
6)
All parties to note, if they failed to comply this Order of Case Management Hearing, consequences provided in Order XV-A Rule (8) will follow.
Matter adjourned to 04.11.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: Syndicate Bank V/s Naikba Travels
Adv. Sujata Dahigaonkar present for plaintiff.
She is seeking oral adjournment to take steps.
Case adjourned to 21.12.2023 for steps.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: Canara Bank V/s Naikba travels
Adv. Sujata Dahigaonkar present for plaintiff.
Adv. Kajal Wadhwant present for defendant.
Plaintiff to take steps regarding evidence.
Case adjourned to 26.02.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: Syndicate Bank V/s Naikba Travels
Adv. Sujata Dahigaonkar present for plaintiff.
Plaintiff witness absent.
Plaintiff is seeking oral adjournment to lead evidence.
Defendant side called, but absent.
Perusal shows that, the plaintiff has filed at Exh.11 on 03.05.2023 stating that, defendant has not given inspection to plaintiff. Hence, plaintiff is unable to file admission / denial. Hence, plaintiff\''s documents be exhibited. In said application, the plaintiff also stated that, my Learned Predecessor has given oral directions to defendant to give inspection of documents to plaintiff.
The contents from application regarding Learned predecessor are unwarranted.
Issues are already framed at Exh.12 on 13.09.2023.
Plaintiff to lead evidence by next date. Else, put for necessary order.
Suit adjourned to 15.04.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: Adv. Sujata Dahigaokar present for plaintiff.
Defendant side called, but absent.
P. O. on leave suit adjourned to 07.05.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Business: Syndicate Bank Vs Naikba Travels
Adv. Sujata Dahigaokar present for plaintiff.
Defendant side called, but absent.
Plaintiff to exhibit the documents by next date.
Suit adjourned to 05.07.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2024
Date: 05-07-2024
Business: Syndicate Bank Vs Naikba Travels
Adv. Sujata Dahigaokar present for plaintiff.
Defendant side called, but absent.
Exh.13 - Application filed by plaintiff for examining newly appointed Bank Officer.
Defendant to file its reply.
Suit adjourned to 13.09.2024 for reply on Exh.13
Next Purpose: REPLY
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: Syndicate Bank Vs Naikba Travels
Adv. Sujata Dahingaonkar present for plaintiff.
Defendant side called, but absent.
Defendant to file reply to Exh.18. Else put for necessary Order.
Suit adjourned to 14.11.2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 14-11-2024
Date: 14-11-2024
Business: Adv. Sujata Dahigaonkar present for plaintiff.
Roznama shows that defendant is continuously absent.
Through application at Exh. 13, plaintiff has sought to permission to examine second witness.
As defendant failed to file reply and thereby as defendant has kept the application un-challanged, the application is allowed.
Plaintiff is permitted to lead evidence.
Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to Evidence on 15/01/2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2025
Date: 15-01-2025
Business: Syndicate Bank Vs Naikba Travels
Plaintiff side called, but absent.
Plaintiff to take steps regarding evidence.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 18.03.2025 for evidence.
Later on at 13.21 Hrs.
Adv. Sujata Dahigaonkar present for plaintiff.
Suit adjourned to 18.03.2025 for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2025
Date: 18-03-2025
Business: Adv. Sujata Dahigaonkar for plaintiff present.
None present for defendant.
Witness Anoop Kumar Singh is present.
O. Oath administered.
Pursuant to order date 14.11.2024 passed by my Ld. Predecessor on the application (Exh.13) Affidavit in lieu of examination in chief of PW-02 is taken on record.
Exh.14 Affidavit in lieu of examination in chief filed by the plaintiff.
O. Seen.
Heard the Ld advocate on exhibiting the documents. Hence, the following documents are marks as exhibit.
Exh.15
:
Loan Application
Exh.16
:
Sanction Letter dated 28.10.2015
Exh.17
:
Composite Hypothecation Agreement.
Exh.18
:
Receipt dated 07/11/2015
Exh.19
:
Particulars of Assets and Liabilities.
Exh.20
:
Letter of Authority to debit monthly installments.
Exh.21
:
Letter's issued by borrower.
Exh.22
:
Recall notice
Exh.23
:
Statement of Account
Exh.24
:
Certificate in terms of section 2(8) of the Banker's Book of Evidence Act. 1891.
Exh.25
:
Certificate in terms of section 2A f the Banker's Book of Evidence Act. 1891.
Exh.26
:
Certificate under the Information Technology Act, 2000
Exh.27
:
Particulars of claim.
Matter stands Adj for cross examination on 21-04-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2025
Date: 21-04-2025
Business: Adv. Ms. Sujata Dahigaonkar for the plaintiff is present.
None present for the defendant.
As the Court is busy in dictating judgment in Commercial Suit No. 530/2022 and 531/2022 hence, board is discharged and matter stands adjourned.
Matter stands Adj 19.06.2025 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2025
Date: 19-06-2025
Business: Court is vacant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2025
Date: 04-08-2025
Business: Adv. Sujata Dahigaonkar for plaintiff present.
None present for defendant.
Plaintiff already filed affidavit and documents were marked. However, yet cross examination of plaintiff is not commence. Today plaintiff witness is absent. Advocate for plaintiff submit that witness will remain present on video conference for cross examination. So keep back for cross examination. Later on at 01.40 pm
Adv. Sujata Dahigaonkar for plaintiff present.
Plaintiff’s Bank Officer Anoop Kumar Singh is present.
Today, matter is posted for cross examination. None appeared for defendant. Defendant not even bothered to apply for an adjournment seeking time for cross examination. Hence, right of defendant to cross examine plaintiff’s witness stands forfeited. Put up for further evidence of plaintiff if any.
Exh.28 Evidence Closing pursis filed by plaintiff. O. Seen.
Matter stands Adj to 22-09-2025 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2025
Date: 22-09-2025
Business: None present for plaintiff.
None present for defendant.
Put up suit for evidence of defendant as a last chance.
Matter stands Adj to 24-11-2025 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2025
Date: 24-11-2025
Business: Adv. Sandhya Nanavare for plaintiff present through VC.
None present for defendant.
Defendant neither conducted cross examination of plaintiff’ witness nor bothered to tender evidence on its behalf. No one appeared on behalf of defendant. Defendant not even bothered to apply for an adjournment for leading evidence. Hence, right of defendant to offer evidence stands forfeited.
Matter stands Adj to 21-01-2026 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-01-2026
Date: 21-01-2026
Business: Adv. Sandhya Nanavare for plaintiff present.
None present for defendant.
Kept back for argument. Later on at 01.25 pm.
Adv. Sandhya Nanavare for plaintiff present.
None present for defendant.
Final argument of plaintiff heard. Advocate for plaintiff pointed out that on 20.01.2021 on the basis of Notification of RBI dated 28.03.2020 name of plaintiff is changed as Canara Bank from erstwhile Syndicate Bank. I have gone though plaint which shows that on the very same day amendment is carried out. However, in the CIS still nomenclature of plaintiff is shown as Syndicate Bank. It needs to be corrected as Canara Bank forthwith.
Hence, nomenclature of plaintiff is corrected in the CIS. Since long none appeared on behalf of defendant either for cross examination of plaintiff or for tendering evidence on behalf of defendant. There is no likelihood that some one on behalf of defendant will appeared and argue this matter. Its a 6 years old suit. Hence, proceed to dispose of this suit in second session by Judgment.
Exh.29 Judgment.
FRSR following order is passed
ORDER
1. Commercial Suit No. 453/2020 is decreed with cost.
2. Plaintiff is entitled to recover Rs.5,64,588/- (Rs. Five Lakhs Sixty Four Thousand Five Hundred and Eighty Eight only) from defendant with 10.95% interest per annum from the date of suit till realization of entire amount.
3. Defendant shall pay above referred amount and interest to plaintiff within three months from date of this Judgment.
4. Decree be drawn up accordingly.
5. Judgment is dictated and pronounced in open Court.
6. After compliance and period of Appeal, Shirestedar and AS to consign Record of the suit, to Record Room.
Nature Of Disposal: JUDGMENT
Disposal Date: 21-01-2026