Bank of India (Nationalized Bank)VsKeshav Vishram Narkar

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 20.03.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 28.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: Both the parties and their advocates are absent.
Hence, delay the matter.
Matter is adjd to 27.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: COURT IS VACANT
Next Purpose: REPORT
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: Plaintiff and Defendant absent.
Adv. Ashok for Plaintiff is present.
Matter is adjd for Report to 17.02.2022.
Next Purpose: REPORT
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv A.V Kode for plaintiff present.
None for  defendant.
Matter is adjd for report on 05-05-2022
Next Purpose: REPORT
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: PO is on training.  Matter adj. to
Next Purpose: REPORT
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. A. V. Kode for Plaintiff present and application for issuance of writ of summons (Exh.02).
O-Issue writ of summons to defendants.
None for Defendant.
Matter adjourned to 07.11.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: Adv.A.V. Kode for plaintiff present. He seeks time to file report / service affidavit. Time granted.
Matter is adj to 05.01.2023 for report/service affidavit.
Next Purpose: REPORT
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: Adv.Viswanath Iyer h/f Adv.A.V. Kode for plaintiff present.   He submits that summons are served however, he needs some time to file service affidavit. Time granted.
Matter is adj to 10/03/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Ashok Kode for plaintiff present.   He filed affidavit of service (Exh-3).
It appears that defendant is reported to be dead.  Service is not complete.  Plaintiff to take proper steps as per the law.
Matter is adj to 19/06/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
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.  Defendant is not yet served with the suit summons. The plaintiff failed to take steps. Hence, adjourned for dismissal order.
Matter is adj to 07.10.2023 for dismissal order
Next Purpose: DISMISSAL
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
NOB TOB
Adv. Ashok V. Kode for plaintiff is present.
Application filed on behalf of plaintiff for taking case on todays board. It is marked as Exh-4.
Ld. Counsel for plaintiff filed draft Chamber summons for to bring legal heirs of defendant on record along with affidavit in support.
Order below draft CS
Perused the draft CS. Heard the counsel for the plaintiff. He submits that he wants to amend the plaint to bring on record the legal representative of the defendant making statement that defendant is died on 12.04.2020.
In fact, Chamber summons cannot be the Chamber summons for amendment. Provision of Order-6, Rule-17 cannot be equated with the provision of Order-22, Rule-4 of the CPC.
Furthermore, most important thing is that this Chamber summons is filed for bringing on record LRs of the defendant as if it is filed within the period of limitation. There is no prayer of setting aside the abatement. In this situation, leave to register the draft Chamber summons cannot be granted. Hence, Chamber summons is hereby rejected. Draft Chamber summons be registered for statistical purpose.
Matter is already adj to 07.10.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Ramesh Kamble for plaintiff is present and filed adjournment application. It is marked as Exh-5.
Order below Exh-5
Today matter is fixed for dismissal order because of not taking the further steps for serving the writ of summons on the defendant. Despite this, the counsel for plaintiff instead of taking the steps seeking adjournment. Adjournment is granted in the interest of justice subject to costs of Rs.1,000/- payable to DLSA.
Matter is adj to 21.10.2023 for dismissal order.
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. Avnesh Chaphilkar h/f Adv. Ashok Kode  for plaintiff is present and tendered draft Chamber summons along with affidavit in support. O-Leave granted to register the draft CS.
Matter is adj to 23.01.2024 for filing registered CS and CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 07.03.2024 for filing registered Chamber summons.
Later on at 3.20
Adv. Ashok Kode for plaintiff is present and tendered registered chamber summons No.2281/2023 along with affidavit in support.
Matter is adj to 07.03.2024 for hearing on Chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ashok V. Kode for plaintiff is present and filed affidavit of service of CS No.2281/23. T.O.R.
On perusing affidavit of service, it appears that CS is served on the legal heirs of the defendant on 03.02.2024.
Order below Chamber Summons No.2281 of 2023
Perused Chamber summons, affidavit of service and record of the case.  Heard Ld counsel for the plaintiff.  As per the contention of the plaintiff suit is filed for recovery of amount against the defendant.  However, defendant came to know on 18.08.2023 when legal heir of defendant intimated plaintiff Bank that defendant is expired on 12.04.2020.   Therefore, they have taken out this chamber summons to set aside abatement order to condone delay and to bring legal heirs of the defendant on record.
On perusing contents in the chamber summons and documents annexed to it, it appears that contention of the plaintiff in chamber summons are supported by affidavit.  Further, as per letter dated 18.08.2023, it appears that the legal heirs of the defendant informed the Bank defendant is expired on 12.04.2020.  The plaintiff has served the chamber summons on the legal heirs of defendant and has filed affidavit of service to that effect.  On perusing said affidavit of service, it appears that notice of chamber summons sent by RPAD to the legal heir of defendant is served on 03.02.2024.  The legal heir of the defendant has not appeared and not objected the chamber summons.  Therefore, the contention of the plaintiff in the chamber summons has remained unchallenged.  Therefore, considering the fact and circumstances of the case that it is necessary to allow to bring the legal heir of defendant on record.  Therefore, it is necessary to set aside abatement and to condone the delay to bring the legal heir of defendant on record.  Hence, I proceed to pass following order
                               ORDER
1. Chamber Summons No. 2281 of 2023 is allowed.
2. The plaintiff is directed to delete the name of deceased defendant and to bring his legal heir on record on or before next date.
3. The plaintiff is further directed to carry out necessary amendment in the plaint and file amended copy of the plaint  on or before next date.
4. The plaintiff to serve the amended copy of the plaint to the legal heir of the defendant on or before next date.
5. Chamber Summons No.2281 of 2023 is disposed of accordingly.
Matter is adj to  21.03.2024 for carrying out amendment and filing amended of plaint and affidavit of service.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chance to take the steps.
Matter is adj to 23.04.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent. The plaintiff given last chance to taking steps.
Matter is adj to 15/07/2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-07-2024

Date: 15-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff was given last chance to take the steps. The plaintiff failed to take the steps. Hence, matter be keep for dismissal order.
Matter is adj to 21.09.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ashok V. Kode for plaintiff is present and filed an application to seek permission to carry out amendment as per order dated 07.03.2024. Taken on record. It is marked as Exh-6.
Matter is adj to 16.10.2024 for order on Exh-6.
Next Purpose: ORDER
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 14-11-2024

Date: 14-11-2024
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 19-12-2024

Date: 19-12-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adjourn for order below Exh-6. The plaintiff to satisfy without obtaining extention whethere it can be allowed to carry out amendment after expiry of 14 days.
Matter is adj to 18/02/2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 02.04.2025 for hearing.
Later on at 12.39 pm
Adv. Ashok Kode for plaintiff is present.
Matter is adj to 02.04.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 02-04-2025

Date: 02-04-2025
Business: PO is on leave
Next Purpose: HEARING
Next Hearing Date: 02-05-2025

Date: 02-05-2025
Business: Adv. Ashok Kode for plaintiff is present.
Heard counsel for plaintiff on Exh-6
Matter is adj to 12.06.2025 for order on Exh-6.
Next Purpose: ORDER
Next Hearing Date: 12-06-2025

Date: 12-06-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ashok Kode for plaintiff is present.
The defendant and his counsel are absent.
Order below Exh-6
Perused application and record. Heard Ld. counsel for plaintiff. On perusing record, it appears that plaintiff had filed an Chamber summons No.2281/2023 to delete the name of deceased defendant and to bring his legal heirs on record. The said CS is came to be allowed on 07.03.2024 with direction to carry out amendment on or before next date and matter is adjourned on 21.03.2024. On 21.03.2024, 23.04.2024, 15.07.2024 plaintiff failed to carry out amendment. On 21.09.2024, plaintiff has filed present application to seek permission to carry out amendment. The only reason given by plaintiff is that transfer of regular manager of the plaintiff bank and new authorisation from Zonal office of New Mumbai was not received. It is pertinent to note that application is not supported by affidavit and even, plaintiff has not filed any documents in support of said contentions. As per Order-6, Rule-18 of CPC, amendment has to be carried out within the time limited as per order or if no time is prescribed, then within 14 days. In the present case, plaintiff has not carriedx out amendment for at least six months and no sufficient reason is given. Therefore, as per  Order-6, Rule-18 of CPC, plaintiff cannot be allowed to carry out amendment. Hence, I proceed to pass following order-
Order
1.     Application at Exh-6 is hereby rejected.
2.     Plaintiff to take further steps.
Matter is adj to 08.08.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-08-2025

Date: 08-08-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ashok Kode for plaintiff is present and filed draft Chamber Summons for along with affidavit in support. O-Leave is granted to register the draft Chamber Summons.
Matter is adj to 12.09.2025 for filing registered Chamber summons
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ashok V. Kode for plaintiff is present and filed registered Chamber summons No.2055/25 along with affidavit in support.
Heard counsel for plaintiff on Chamber summons.
Matter is adj to 26.09.2025 for order on Chamber summons.
Next Purpose: CH/S ORDERS
Next Hearing Date: 26-09-2025

Date: 26-09-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
FRSR following order is passed on CS No.2055/25
Order
1.Chamber Summons No. 2055 of 2025  is hereby allowed subject to costs of Rs.3,000/- to be paid to the DLSA within period of one week.
2.After compliance, the plaintiff is directed to carry out amendment within 15 days from the date of order, in view of order passed in CS No.2281/2023 dated 07/03/2024, without fail. If plaintiff fails to carry out amendment in the Sum. Suit No.311/2020, it will be disposed of as abated.
2.Chamber Summons No. 2055 of 2025 is disposed of  accordingly.
Matter is adj to 19.11.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-11-2025

Date: 19-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ashok Kode for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 02.12.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2025

Date: 02-12-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ashok Kode for plaintiff is present and filed amended plaint. Taken on record.
The defendant and his counsel are absent.
Issue fresh writ of summons to the Proposed defendant through bailiff.
Matter is adj to 21.01.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ashok Kode for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 23.02.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2026

Date: 23-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ashok Kode for plaintiff is present and filed an application for extension of time to serve the writ of summons to the proposed  defendant. TOR and marked as Exh-7. O-Allowed. Time is extended to issue writ of summons to the proposed defendant.
Matter is adj to 15.04.2026 for filing affidavit of service/compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-04-2026

Date: 15-04-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ashok V. Kode for plaintiff is present and file an application extention time to serve writ of summons. TOR and marked as Exh.8. O - Allowed.
Matter is adj to 07/07/2026 for filling affidavit of serivce.
                                                                                              Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-07-2026

Date: 07-07-2026
Business: None present.
Matter is adj to 04-09-2026 for filing affidavit of service / necessary order
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-09-2026

Date: 04-09-2026
Business: P O is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-11-2026

CHAMBER SUMMONS/102055/2025
CHAMBER SUMMONS/101767/2023
CHAMBER SUMMONS/102281/2023

Registration Number: 100311/2020
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100311/2020
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 102740/2020
Filing Date: 27-02-2020
First Hearing Date: 24th September 2020
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE