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. 1132/21 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. 1132/21 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. 1132/21 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.
Adv. for plaintiff sought time to file affidavit of service. Granted
Adjd for affidavit of service/taking steps to 05/09/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: None present for plaintiff and defendant.
Plaintiff directed to file the affidavit of service of writ of summons.
Later on at 12.24 pm.
Adv. Sujata Dahigaonkar for plaintiff present.
Exh. 03 - Affidavit of service of writ of summons alongwith envelope filed by plff.
Writ of summons is not served to the defendant.
Matter adjd for taking steps against defts on 02/12/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: adv. Sujata Dahigaonkar for plaintiff present.
Adjd for affidavit of service to 21/12/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: ORAM : H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Adv. Sujata Dahigaonkar for plaintiff present and filed draft chamber summons alongwith affidavit.
O-Leave granted to register the Chamber Summons.
Case is adjourned for Tendering register Chamber Summon to 03.01.2023.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: Adv. Sujata Dahigaonkar for plaintiff present and sought time to file registered chamber summons.
Granted.
Adjd for chamber summons to 11/01/2023
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Sujata Dahigoankar for plaintiff is present and tendered registered original chamber summons no. 2162 of 2022.
None for defendant.
Heard argument of ld adv for plaintiff on Ch/s no. 2162/22
Court passed order on Ch/s no. 2162/22.
F.R.S.R. following order is passed in Chamber Summons no. 2162 of 2022-
ORDER
1. The Chamber Summons No. 2162 of 2022 is allowed.
2. The plaintiff is permitted to serve the writ of summons to the defendant by publishing the writ of summons in two local news papers namely “Free Press Journal” (English) and “Nav Shakti” (Marathi) for effecting service of writ of summons to the defendant.
3. Plaintiff is permitted to serve the writ of summons upon the defendant by way of pasting a copy of the writ of summons in some conspicuous place on the Court premises and also on the last known address of the defendant and by way of registered post acknowledgment due.
4. Chamber Summons No. 2162 of 2022 is disposed off accordingly.
On the request of ld adv for plaintiff matter be kept on lokadalat.
Case is adjourned for lokadalat to 11-02-2023.
Next Purpose: Lok-Nyayalay
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: 15-06-2023
Date: 15-06-2023
Business: PO is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: Syndicate Bank Vs M/s. Shankar Travels
Adv. Sujata Dahigaonkar present for plaintiff.
Time extended for effecting service.
Matter adjourned to 11.10.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: Syndicate Bank Vs M/s. Shankar Travels
Plaintiff side called, but absent.
Plaintiff to take steps . Else, put for dismissal order.
Matter adjourned to 21.10.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: Syndicate Bank V/s Shankar Travels
Adv. Sujata Dahigaonkar present for plaintiff.
Exh.4 - Affidavit of service filed by plaintiff stating that,
the Postal Authority have returned the summons, with endorsement as, refused.
Exh.5 - Affidavit of service filed by plaintiff stating that,
the Bailiff had pasted the summons on the notice board of City Civil Court on 08.09.2023.
Exh.6 - Affidavit of service filed by plaintiff stating that, the defendant is served by way of Paper Publications in Free Press Journal and Navshakti in Mumbai Dt. 23.08.2023.
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.
Matter adjourned to 13.12.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: Syndicate Bank C/s Shankar Travels
Adv. Sujata Dahigaonkar present for plaintiff.
Plaintiff witness Sharanpreet Singh present.
Exh.7 - Evidence affidavit of plaintiff.
Exh.8 - List of documents.
Exh.9
Loan Application Dt. 20.05.2015.
Exh.10
Sanction letter Dt.31.12.2015.
Exh.11
Customer copy Dt. 31.12.2015
Exh.12
Composite Hypothecation Agreement.
Exh.13
Receipt Dt. 31.12.2015.
Exh.14
Particulars of assets and liabilities
Dt.29.12.2015.
Exh.15
Letter of authority to debit and monthly
installment Dt. 29.02.2016.
Article A
Photocopy of recall notice Dt. 01.03.2016.
Exh.16
Statement of Account.
Exh.17
Certificate in terms of Section 2(8).
Exh.18
Certificate in terms of Section 2(A).
Exh.19
Certificate under information Technology
Act,2000.
Exh.20
Particulars of claim.
Exh.21
Non-starter report.
Exh.22 - Evidence closure pursis filed by plaintiff.
Case adjourned to 20.12.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2023
Date: 20-12-2023
Business: Syndicate Bank V/s Shankar Travels
Adv. Sujata Dahigaonkar present for plaintiff.
Defendant side called, but absent.
Case adjourned to 25.01.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Syndicate Bank V/s Shankar Travels
Adv. Sujata Dahigaonkar present for plaintiff.
Case adjourned to 30.01.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Syndicate Bank V/s Shankar Travels
All called, but absent.
Plaintiff to argue on point of limitation.
Case adjourned to 01.02.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-02-2024
Date: 01-02-2024
Business: Syndicate Bank V/s Shankar Travels
All called, but absent.
Suit adjourned to 07.02.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: Syndicate Bank V/s Shankar Travels
Heard Adv. Sujata Dahigaonkar for plaintiff.
FRSR following order is passed -
ORDER
1. Commercial Suit No. 100168 / 2021, Canara Bank Vs M/s. Shankar Travels, is partly decreed, with proportionate cost.
2. Defendant, within three months from date of this Order, shall pay, Rs.3,37,948.05/- (Rs. Three Lakhs Thirty Seven Thousand Nine Hundred Forty Eight and Five Paise Only) to the plaintiff, with interest @ 10.75 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 dictated and pronounced in Open Court.
6. Parties be informed about their right to challenge this Judgment and period of limitation.
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: 07-02-2024