Date: 21-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays
Next Purpose: DIRECTIONS
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 23.06.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: PO is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 01.45 p.m.
Adv.Sujata Dahigaonkar for plaintiff present.
Plaint
Vakalatnama
Memorandum of registered address.
List of documents
Fresh Vakalatnama filed by Adv.Sujata Dahigaonkar for plaintiff t.o.r. O-filed. marked as Exh.05.
The plaintiff today tendered draft chamber summons along with affidavit.
Heard the Adv. for plaintiff on draft chamber summons.
K.B. for order.
L.O. 3.35 p.m.
Order on Draft Chamber Summons
This chamber summons is taken out by the plaintiff for amendment in the plaint as the original plaintiff Syndicate Bank got amalgamated into Canara Bank. The suit summons is yet to be served on the defendant. It is the contention of the plaintiff that as per the press release Exh.A issued by the Reserve Bank of India, the plaintiff Syndicate Bank has started to function as Canara Bank. Due to this change, the plaintiff is required to amend the title clause and other pleadings concerned with the name of the plaintiff.
The proposed amendment is just and necessary. It is technical one. Hence, it needs to be allowed. Hence, I pass the following order.
ORDER
1. Draft Chamber Summons is allowed.
2. The plaintiff is allowed to carry out the necessary amendment as per the schedule-\''A\'' annexed with the affidavit in support of chamber summons.
3. The plaintiff to carry out the amendment within 14 days from today.
4. Draft chamber summons is disposed off accordingly. It be registered for statistical purpose.
Matter adjd to 26.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv.Sujata Dahigaonkar h/f.Adv.Sandhya Nanavare for plaintiff present.
None present for defendant.
ORDER
Issue writ of summons to defendant for settlement of issues. Returnable on 27.09.2021.
Matter adjd to 27.09.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.40 pm
Adv.Sujata Dahigaonkar h/f.Adv.Sandhya Nanavare for plaintiff present.
The plaintiff tendered application for extension of time to serve the suit summons, Exh.6 t.o.r. O-Time extended for service of suit summons.
Matter adjd to 27.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 1.21 p.m.
The plaintiff is absent. Service affidavit is not filed.
Matter adjd to 30.11.2021 for Service affidavit.
LO at 1.25 p.m.
Adv. Sujata Dahigaonkar for plaintiff present. She filed application for extension of time for service of summons Exh.07. O- Time extended for service of suit summons.
Matter adjd to 30.11.2021 for Service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.31)
(Matter pertains to C.R. NO. 32)
Adv. Sujata Dahigaonkar for plaintiff present and requested for extension of time for service of writ of summons. - allowed as prayed.
Matter is adjd.to 10-01-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Ms. Sujata Dahigoankar for plaintiff present.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 10.02.2022 for Service Affidavit.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: None present.
In view of SOP dated 6.1.2022, matter adjd to 14.03.2022 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Sujata Dahigaonkar i/b Adv. Sandhya Nanavare present for plaintiff.
None present for defendant.
KB
L.O. at 01.30 p.m.
Adv. Sujata Dahigaonkar i/b Adv. Sandhya Nanavare for the plaintiff present.
Ld. advocate for the plaintiff filed application for extension of time for service of suit summons. t.o.r and marked as exh.8. O- Time is extended as a last chance for service of suit summons.
Matter adjd to 20.04.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Adv.Sujata Dahigaonkar h/f.Adv.Sandhya Nanavare for plaintiff present.
None present for defendant.
The plaintiff filed service affidavit a/w.bailiff report and copy of summons t.o.r. and marked as Exh.9 (colly).
ORDER BELOW EXH.1
Read the service affidavit Exh.9 (colly.) and bailiff report therein. Suit summons is duly served on the defendant on 22.12.2021. Defendant remained absent and failed to file appearance, hence, suit to proceed ex-parte.
Matter adjd to 17.06.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Adv Sujata Dahigaonkar I/b Adv Nanaware present for plaintiff.
None present for defendant.
Adv of plff has filed affidavit in chief examination of witness Ms. Vinay Vaidhya at Exh.10
Documents filed with list by plff at Exh.11.
Matter adjd to for recording evidence to 20.06.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: None present.
KB.
LO 1.15
Adv for plff present and requested for KB the matter.
LO 1.42 pm.
Adv. Sujata Dahigaonkar present for Plff.
PW-1 Vinay Vaidhya present. Oath given to PW-1 in Hindi language.
Case adj. For marking of documents on 13/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Adv Sujata Dahigaonkar I/b Adv Sandhya Nanavare for plff present.
None present for deft.
Heard Adv.of plaintiff on the point of exhibiting the documents. As the suit is ex-parte, no argument on behalf of defendant. Documents filed with list Exh.11 which are referred in chief examination of PW-1 are marked exhibits as under.
Loan application.
Sanction letter dt.29.12.2016.
Composite hypothecation agreement dt.30.12.2016
Receipt dt.31.12.2016.
Particulars of assets and liability.
Letter of authority to debit monthly installment.
Recall notice dt.07.05.2019.
Statement of account.
Adv for plff filed evidence close pursis at Exh.20.
Heard.
F.R.S.R. following order is passed
ORDER
1. Suit is decreed with costs.
2. The defendant is directed to pay Rs.10,44,539/- with interest @ 9.75%p.a. with monthly rests from the date of suit till realisation amount to the plaintiff.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 13-07-2022