Date: 10-01-2022
Business: P.O. is on half day leave (First Session). Hence, matter is adjourned.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: None present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for filling Service affidavit to 05.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv. Sujata Dahigaonkar i/b. Adv. Sandhya Nanaware for plaintiff present.
Adv. For plaintiff submits that she wants to take out Ch/sum for making amendment in the title of the plaint. She prayed time for taking steps. Time as prayed for is granted.
The matter is adjd for taking steps to 19.03.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv. Sujata Dahigaonkar i/b. Adv. Sandhya Nanavare for plaintiff present. She sought time for taking steps. Time as prayed for is granted.
The matter is adjd for taking steps to 29.03.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Sujata Dahigaonkar i/b. Adv. Sandhya Nanavare for plaintiff present.
Adv. For plaintiff tendered draft Ch/sum. Leave to register Ch/sum is granted.
Heard Adv. For plaintiff on draft Ch/sum.
ORDER BELOW DRAFT CH/SUM
It is submitted on behalf of plaintiff that on 04.03.2020, Syndicate Bank got amalgamated into Canara Bank. Plaintiff wants to carry out amendment accordingly. Proposed amendment is formal in nature. Hence, following order.
ORDER
1. Draft Ch/sum is made absolute in terms of prayer clause (a).
2. Plaintiff is directed to carry out amendment proposed in schedule (a) within 14 days.
3. No order as to costs.
4. Draft Ch/sum is disposed of accordingly and it be registered for statistical purposes.
The matter is adjd for compliance to 04.05.2022.
L.O. at 04.00 p.m.
Adv. Sujata Dahigaonkar for plaintiff present. She tendered disposed of registered Ch/sum no.454/22. T.O.R.
The matter is already adjd for compliance to 04.05.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv. Sujata Dahigaonkar 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 affidavit of service to 08.07.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Adv. For plaintiff sought extension of time for service of summons as per order dated 29.03.2022.
O. - Extension of time for service of summons as per order dated 29.03.2022 is granted.
The matter is adjd for affidavit of service to 30.07.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: Adv. Sujata Dahigaonkar i/b. Adv. Sandhya Nanavare for plaintiff present. She prayed for issuance of fresh writ of summons.
O. - Issue fresh writ of summons.
The matter is adjd for affidavit of service to 30.08.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present. She sought time for filing service affidavit. Time as prayed for is granted.
The matter is adjd for affidavit of service to 17.10.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Coram- H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
Matter pertaining to CR No.14.
Adv. Sujata Daghigaonkar Present for Plff.
None Present for Deft.
Adv of plff seeks extension for service of suit summons through Bailiff. Granted.
Adj. For Service affidavit on 05/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: The court is vacant. Hence,matter is adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: matter pertains to C.R.NO.14.
Adv. Sujata Dahigaonkar for plaintiff present.
None. for defendant.
Exh.02 Adv. of plaintiff filed affidavit of service a/w original writ of summons. O- Seen. As per affidavit of service writ of summons is unserved.
Case is adjourned to 04.05.2023 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Matter pertains to C.R. No. 14.
Adv. Sujata Dahigoankar for plaintiff is present and tendered draft Chamber Summons a/w affidavit. O- Leave granted to registered CS.
None for defendant.
Case is adjourned for tendering original register CS a/w affidavit to 04-07-2023.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: Matter pertains to Court Room No. 14
Adv. Sujata Dahigaonkar present for plaintiff.
Chamber Summons No.1003/2023 filed by plaintiff seeking permission to serve the defendant by paper publication.
Perused previous roznanama which points that the plaintiff is unable to effect service by regular Court. Hence, the Chamber Summons No. is made absolute.
Plaintiff is permitted to effect service by way of paper publication
Matter adjourned to 05.09.2023 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Matter received under transfer from Court Room No. 14
Canara Bank Vs Shaman Tours and Travels
Adv. Sujata Dahigaonkar present for plaintiff.
Plaintiff to take steps regarding service. Else, put for necessary order.
Matter adjourned to 01.11.2023 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: Canara Bank V/s shaman tours and Travels
Adv. Sujata Dahigaonkar present for plaintiff.
Exh.3 - Affidavit of Service filed by plaintiff stating that, the defendant is served by way of Paper Publications in Business Standard(English) and Navrashtra (Marathi) Mumbai, Dt. 21.10.2023.
Exh.4 - Affidavit of Service filed by plaintiff stating that, the defendant is served by way of Pasting.
Till date defendant has not filed appearance before this Court.
Today Defendant side is called, but absent.
Put for necessary order.
Case adjourned to 15.12.2023 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: Canara Bank V/s Shaman Tours and Travels
Adv. Sujata Dahigaonkar present for plaintiff.
Perused roznama Dt. 01.11.2023.
Till date defendant has not filed appearance before this Court.
Today Defendant side called, but absent.
Suit to proceed Ex-parte against defendant.
Plaintiff to take steps regarding Ex-parte evidence. Else, put for necessary order.
Case adjourned to 15.02.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Matter pertains to C. R. No. 14.
Adv Sujata Dahigaonkar for plaintiff present.
She filed draft CS along with affidavit in support of it.
O- Leave to register is granted.
Matter stands Adj for CS Hearing on 14/03/2024.
Next Purpose: C/S HEARING
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Adv Sujata Dahigaonkar for plaintiff present.
KB
LO at 3.06 pm
Adv Sujata Dahigaonkar for plaintiff present.
She tendered registered CS 317/2024. t.o.r.
Heard.
Order in Chamber Summons no. 317 of 2024 -
The plaintiff has taken out present Chamber Summons to amend the cause title. It is submitted that the suit was filed through authorized representative Ms. Vandana Nadakarni, however during pendency of suit she was transferred. Thereafter, Mr. Sharanpreet Singh has been appointed as a authorized representative. Therefore, the plaintiff wants to replace the name of Vandana with Sharanpreet Singh in Title Clause. In my view it is not going to change the nature of suit. Therefore, I pass the following order -
Order
1. Chamber Summons no. 317 of 2024 stands allowed and made absolute in terms of prayer clause (a).
2. The plaintiff to carry out amendment within 14 days.
3. Amended copy of plaint to be filed on record.
4. Chamber Summons no. 317 of 2024 stands disposed of.
Matter stands Adj for Compliance on 28/03/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: P. O. is on Leave in First Session
Adv Sujata Dahigaonkar for plaintiff present.
Authorized representative of plaintiff Bank present.
Matter stands Adj for Compliance on 24/04/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: P. O. is on Training.
Adv Sujata Dahigaonkar for plaintiff present.
Matter stands Adj for Compliance on 06/05/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: Adv Sujata Dahigaonkar for plaintiff present.
PW 01 Sharanpreet Singh present.
Ld. Adv for plaintiff filed copy of amended plaint. t.o.r. marked as Exh. 1A. O- Seen.
She filed affidavit of evidence. t.o.r. marked as Exh. 05.
O- R and R.
She also filed list of documents. t.o.r. marked as Exh. 06.
O- Seen.
Oath administered to the witness.
He admits the contents of affidavit of evidence as true and correct. It bears bank seal and his signature.
Heard Ld. Adv for plaintiff on marking of documents.
Document at Sr. no. 1 is Loan application marked as Exh. 07.
Document at Sr. no. 2 is Letter of Sanction marked as Exh. 08.
Document at Sr. no. 3 is Loan Agreement marked as Exh. 09.
Document at Sr. no. 4 is Receipt marked as Exh. 10.
Document at Sr. no. 5 is Particulars of assets and liabilities marked as Exh. 11.
Document at Sr. no. 6 is Letter of authority to debit monthly installments marked as Exh. 12.
Document at Sr. no. 7 is Recall Notice marked as Exh. 13.
Document at Sr. no. 8 is Statement of Account and relevant certificates under Bankers Book of Evidence marked as Exh. 14 and 15 respectively.
Document at Sr. no. 9 is Particulars of Claim marked as Exh. 16.
Ld. Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 17. O- Seen.
Matter stands Adj for Arguments on 09/05/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-05-2024
Date: 09-05-2024
Business: None present for plaintiff.
KB
LO at 1.37 pm
None present for plaintiff.
Matter stands Adj for Arguments on 14/06/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-06-2024
Date: 14-06-2024
Business: None present for plaintiff.
KB
LO at 12.48 pm
Adv Sujata Dahigaonkar for plaintiff present.
Heard.
Matter stands Adj for Ex-parte Judgment on 19/06/2024.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: Adv Sujata Dahigaonkar for plaintiff present.
Exh 18 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No. 1316 of 2021 is decreed with Costs.
2. The defendant does pay an amount of Rs. 3,68,373.93/- together with interest @ 10.75 percent per annum from the date of filing of suit till its full realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No. 1316 of 2021 disposed of accordingly.
Nature Of Disposal: DECREED
Disposal Date: 19-06-2024