Date: 21-04-2021
Business: None for both side.
Matter is adjd.to 16.06.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Court is on Leave
Next Purpose: DIRECTIONS
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Both the parties absent when called out.
Adjourned to 06.09.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Both the parties absent when called out.
Advocate Sujata Dahigavkar for Plaintiff present and filed
V/N tor and marked Exh.2
Advocate for Plaintiff tendered draft CHS alongwith
supporting affidavit. Leave is granted to register CHS
None for Defendant.
Matter is adjd.to 04-10-2021 for filing registered CHS.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Sujata Dahigaonkar i/b Sandhya Nanavare for plaintiff present and filed original C/S No. 1131/21 with supporting affidavit t.o.r.
Heard Adv. for plaintiff.
This C/S is filed for changing the name of the plaintiff Bank who is merged with Canara Bank as pleaded in para 3 of affidavit in support. Amendment being necessary to clarify present position of the plaintiff Bank, C/S No. 1131/21 is made absolute in terms of prayer clause (a).
The plaintiff is directed to carry out amendment in the plaint within 14 days from today.
Writ of summons be issue to the defendant after amendment is carried out in the plaint.
C/S No. 1131/21 is disposed off.
Matter is adjd.to 12-11-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present and submitted that amendment has been carried out in the plaint and fresh writ of summons may be issue to the defendants.
Considering her submission, issue fresh writ of summons may be issue to the defendants.
Matter is adjd.to 14-12-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Time is extended for service of writ of summons upon the deft.
Matter is adjd.to 03-02-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: None for plaintiff.
Time is extended for service of writ of summons.
Matter is adjd.to 10-03-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and submitted that time may be extended for service of writ of summons.
Time is extended for service of writ of summons.
Matter is adjd.to 11-04-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present
Time is extended for service of writ of summons.
Matter is adjd.to 17-06-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: None present when called.
Adjd for writ of summons to 02/08/2022
L. O
Adv. Sujata Dahigaonkar for plaintiff present.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Defendant absent. None for defendant when called.
Exh- 3 Affidavit of service filed by adv. for plaintiff.
The bailiff served summons to cousin sister of defendant. The writ of summons is not personally served to defendant. Hence plaintiff s directed to take steps for serving writ of summons on defendant.
Adv. for plaintiff submitted that she will file chamber summons on next date.
Adjd for taking steps to 05/09/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: None present for plaintiff and defendant.
Plaintiff directed to take steps.
Later on at 12.24 pm.
Adv. Sujata Dahigaonkar for plaintiff present.
Draft chamber summons alongwith affidavit in support of CS filed by plff.
Order - Leave granted to to register Chamber summon.
Matter adjd for tendering original reigstered CS on 19/11/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and tendered registered CS No. 1714/22 along with affidavit in support. T.O.R.
FRSR the following order is passed in CS No. 1714/2022
ORDER
1. The chamber summons No. 1714 of 2022 is allowed.
2. The plaintiff is permitted to serve writ of summons to defendant by publishing the writ of summons in two local news papers namely Free Press Journal (English) and Nava Shakti (Marathi) for effecting service of writ of summons to the defendant.
3. Plaintiff is permitted to serve the writ of summons upon defendant by way of pasting on Court premises and also last known address of the defendant and by way of registered post.
4. Draft chamber summons is disposed off accordingly.
Adjd for compliance/affidavit of service to 05/01/2023
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: None present.
Matter is referred to Lok Adalat 11/02/2023 for affidavit of service
L. O
Adv. Sujata Dahigaonkar for plaintiff present seeks time.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-02-2023
Date: 11-02-2023
Business: Parties are absent.
Matter adjourned to 06.04.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: PO on leave. Board discharged.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv Sujata Dahigonkar for plaintiff is present.
None for defendant.
Exh.04 - Ld adv for plaintiff filed affidavit of service t.o.r. O- Seen.
As per affidavit of service the writ of summons is unserved to the defendant.
Case is adjourned for steps to 23-06-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: P. O. is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Syndicate Bank Vs M/s. Aditya Travels
Adv. Sujata Dahigaonkar present for plaintiff.
On request of plaintiff time extended to service.
Matter adjourned to 10.11.2023 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: Syndicate Bank V/s Aditya Travels
Adv. Sujata Dahigaonkar present for plaintiff.
Time extended for service.
Case adjourned to 07.03.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: Syndicate Bank V/s Aditya Travels
Plaintiff side called, but absent.
Plaintiff to take steps regarding service.
Time extended to effect service.
Suit adjourned to 16.03.2024 for dismissal.
Later on at 13.34 Hrs.
Adv. Sujata Dahigaonkar present for plaintiff.
Exh.5 - Affidavit of service filed by plaintiff with Postal endorsement as, left.
Exh.6 - Affidavit of service filed by plaintiff, stating that, service is affected by pasting.
Exh.7 - Affidavit of Service filed by plaintiff stating that, the defendant is served by way of Paper Publications in Pratakal and Business Standard Mumbai, Dt 19.01.2024.
Till date defendant has not filed appearance before this Court.
Today Defendant side is called, but absent.
Suit to proceed Ex-parte against defendant.
Plaintiff to take steps regarding Ex-parte evidence.
Suit adjourned to 16.03.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: Canara Bank V/s Aditya Travels
Adv. Sujata Dahigaonkar present Singh.
Plaintiff witness Sharan preet Singh.
Exh.8 - Evidence affidavit of plaintiff.
Exh.9 - List of documents.
Exh.10
Loan Application Dt. 14.12.2015.
Exh.11
Letter of Sanction and Authority Letter.
Exh.12
Composite Hypothecation Agreement Dt. 31.12.2015.
Exh.13
Receipt Dt. 31.12.2015.
Exh.14
Particulars of Assets and Liabilities.
Exh.15
Notice Dt. 09.07.2018.
Exh.16
Notice Dt. 14.08.2018.
Exh.17
Legal Notice Dt. 12.12.2018.
Exh.18
Acknowledgment card.
Exh.19
Returned envelope.
Exh.20
Statement of Account.
Exh.21
Particulars of Claim.
Exh.22
Non starter Report, Dt. 06.05.2019.
Further examination in chief is record.
Exh.23- Evidence closure pursis.
Suit adjourned to 18.04.2024 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Syndicate Bank V/s Aditya Travels
Heard Adv. Sujata Dahigaonkar for plaintiff.
FRSR following order is passed -
ORDER
1. Commercial Suit No. 100167 / 2021, Canara Bank Vs M/s. Aditya Travels, is partly decreed, with proportionate cost.
2. Defendant, within three months from date of this Order, shall pay, Rs. 3,41,000/- (Rs. Three Lakh Forty One Thousand Only) to the plaintiff, with interest @ 9 percent per annum, from the date of filing of the Suit, till its realization.
3. Court fee, if any, be refunded to the plaintiff as per rule.
4. Decree be drawn up accordingly.
5. Judgment pronounced in Open Court.
6. Parties be informed about their right to challenge this Judgment and period of limitation for same.
7. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 18-04-2024