Date: 09-04-2021
Business: Adv.Yasmin Sarang h/f Adv. S.N.Acharya for plaintiff present.
The Adv. for plaintiff seeks time.
Matter adjd to 09.06.2021 for await service report.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 07.07.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 20.07.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Adv. Akash Acharya present for plaintiff.
None present for defendant.
Plaint.
Vakalatnama.
Memorandum of registered address of the plaintiff.
List of Documents.
The plaintiff is willing to keep matter in Lokadalat. Defendant is absent. Issue notice of Lokadalat to defendant.
Matter adjd for Lokadalat on 01.08.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 01-08-2021
Date: 01-08-2021
Business: Matter pertaining to C.R. No.32
Representative of plff present.
None present for deft.
Matter Adjd. On 04/10/2021.
Adv. Ms. Pushpa Thapa Adv. Ms. P. M. Bhansali H.H.J. Shri. C.V. Marathe
Panel Member Panel Member Panel Head
Next Purpose: SETTLEMENT
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Akash Aacharya present for plaintiff.
None present for defendant.
Matter adjd to 16.10.2021 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: 16.10.2021 is holiday declared.
Next Purpose: SETTLEMENT
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.25 pm
None present.
Matter adjd to 09.11.2021 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.25 pm,
Adv.Akash Ascharya h/f.Adv.S.N.Ascharya for plaintiff present.
KB for filing pursis by plaintiff.
LO at 12.52 pm,
Same appearance.
The plaintiff tendered pursis, Exh.6 requesting to keep the matter in lok-adalat by issuing notices to the defendant by Whats App and by email. O-As there is element of settlement, matter is referred to lok-adalat. Issue notice of lok-adalat dated 11.12.2021 to the defendants by email through Court. The plaintiff is allowed to issue notice of lok-adalat dated 11.12.2021 to the defendants by Whats App. Also issue notice to the defendants by regular mode.
Matter adjd to 11.12.2021 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021
Date: 11-12-2021
Business: Matter pertains to C.R. No 32
Sudhir, Manager of Sydicate Bank present.
None preset for defendant .
Matter adjd to 11/01/2022.
Mrs. Savita Randhe Ms.Priya Laud S.P.Agarwal
Panel Member Panel Member Panel Head
Next Purpose: FOR APPERANCE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 10.02.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
L.O. at 2.10 p.m.
In view of SOP dated 6.1.2022, matter adjd to 7.03.2022 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: None present for plaintiff.
None present for defendant.
Suit is pending on the stage of settlement. Hence, referred to lok-adalat. Issue notice to parties.
Matter adjd to 12.03.2022 for lok-adalat.
Judge
LO at 01.13 pm,
Adv.Akash Acharya h/f. Adv.S.N.Acharya for plaintiff present.
Defendant be served with notice of lok-adalat by email.
Matter adjd to 12.03.2022 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022
Date: 12-03-2022
Business: Matter pertaining to C.R. No. 32
None present.
Matter Adjd to 06/05/2022.
Next Purpose: FOR___________________
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: None present for plaintiff.
None present for defendant.
Plaintiff to file service affidavit.
Matter adjd to 07.07.2022 for service affidavit.
Judge
LO at 112.45 pm,
Adv.Akash Acharya i/b. Adv.S.N.Acharya for plaintiff present. He submits that the plaintiff wants to file chamber summons for amendment. Already adjd to 07.07.2022 for service affidavit/filing of chamber summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: None present.
KB. LO 3.30 pm.
It seems that, there are element of settlement in this matter. Hence issue notice of Lok Adalat to both parties.
Adj. For Lok Adalat on 13/08/2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: Both the parties and their counsel called, but absent.
Matter adjourned before Regular Court on 16.09.2022.
Next Purpose: FOR___________________
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Adv. Akash Ascharaya Present for Plff.
None Present for Deft.
Adj. For Steps and Service affidavit of NM 1685/20 on 04/10/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Akash Acharya Present for Plff.
None Present for Deft.
Adv of plff has filed draft CS along with affidavit for amendment in the name of plff. Perused affidavit in CS. Yet defts are not served with suit summons. Therefore it is not necessary to issue notice of this CS to defts. Plff contended that the Central Government had issued notification dt. 04/03/2020 and thereby merged and amalgamated Sydicate Bank into Canara Bank. Hence plff want to replace the name of Sydicate Bank into Canara Bank. In view of above facts it is desirable to grant the amendment as prayed.
1. Hence Draft CS stands allowed.
2. Plff shall carry out amendment within 14 days.
3. Chamber summons be registered for statistical purposes.
Adj. For Compliance and Service affidavit of NM 1685/20 on 17/10/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Adv. Akash Acharya Present for Plff.
None Present for Deft.
Adv of plff seeks time service affidavit of NM 1685/20 on the ground that report awaited.
Adj. For amendment copy of plaint and Service affidavit of NM 1685/20 on 09/11/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv. Yasmin Sarang h/f Shri. S.N. Aacharya for plaintiff is present.
None for defendant.
Exh. 7 : Advocate of plaintiff has filed service affidavit in NM No. 1685/2020 a/w R.P.A.D. receipt and card. It shows that defendant served NM No. 1685/2020 on 21/10/2022.
Matter is adj to 01/12/2022 for amended copy of plaint and reply of NM No. 1685/2020
Next Purpose: REPLY
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv. Smt. Yasmin Sarang h/f. M. V. Kini & Co. present.
None present for defendant.
Advocate of plaintiff seeks time for filing copy of amended plaint.
Case adjourned for amended copy of plaint and reply on NM 1685/20 to 22.12.2022.
Next Purpose: REPLY
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Adv. Akash Acharya Present for Plff.
None Present for Deft.
Exh.08 - adv of plff has filed service affidavit with tracking report in respect of NM 1685/20. It shows that deft no.2 served with NM on 14/12/2022.
Adj. For Reply on NM 1685/20 by deft and Amendment plaint on 20/01/2023.
Next Purpose: REPLY
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Nagraj Gauda Clerk of advocate’s of plff present and he filed copy of amended plaint. Exh.01/1. Seen and filed.
None Present for Deft.
Deft has not filed reply to NM 1685/20.
Adj. For Hearing on NM 1685/20 on 13/02/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: Adv. Akash Acharya h/f Adv. S.N. Acharya for plaintiff present.
None for defendant.
Case is adjourned to 04-03-2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: Adv. Akash Acharya h/f Adv. S.N. Acharya for plaintiff present.
None present for defendant.
Adv.of plaintiff prayed for issuing fresh suit summons to the defendants. Granted.
Case adjd for service affidavit to 15.04.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Adv. Akash Acharya h/f Adv. S. N. Acharya Present for Plff.
None Present for Deft.
Adv of plff seeks extension of time to serve writ of summons. Granted.
Adj. For Affidavit of service and NM 1685/20 on 23/06/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: Court is on leave. Hence ajdj. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Adv. Akash Aachrya h/f S.N. Achari for plaintiff is present.
None present for defendant.
Matter is adj for affidavit of service to 13/09/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: At 11.00 p.m.
Adv. Vinny Sanakal h/ Adv. S.N. Acharya for plaintiff is present and tendered service affidavit.
At. 02.45 p.m.
Exh-9 Service affidavit a/w two RPAD acknowledgment cards and online track reports.
The Writ of Summons served on the def. on 27.05.2023.
None appears for defendants.
Matter is adj for ex-parte order to 13/10/2023.
Next Purpose: ORDER
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: None present for plaintiff.
O- The Writ of Summons is served on the defendants on 27.05.2023 through RPAD. None appears for them till today. Hence, matter to proceed Ex-Parte.
Matter is adj for Ex-Parte Evidence to 01/12/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: P.O is on leave in first session.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: None present.
Matter is adj. for ex-parte evidence to 12/03/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-03-2024
Date: 12-03-2024
Business: None present.
ORDER : Last chance is granted to the plaintiff to file ex-parte evidence affidavit.
Matter is adj. for ex-parte evidence to 22/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: A.R. of plaintiff is present.
Advocate for plaintiff is absent.
Matter is adj. for ex-parte evidence to 10/07/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: None present.
KB Later on at 12.35 p.m.
None present.
ORDER : Since 17.02.2024 matter is pending for ex-parte evidence but none appears for plaintiff hence, put up the matter for dismissal order.
Matter is adj. for dismissal order to 03/08/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: P.O. is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: (Matter pertains to CR-32.)
Adv. Akash Acharya present for plaintiff.
Witness Ashok Kumar Present.
Exh. 10 Plaintiff filed application to remove the matter from dismissal caption.
Order Allowed.
Exh.11 Affidavit of Evidence.
Exh.12 List of Document.
Exh.13 Application for leading Secondary Evidence.
Exh. 11 to 13 taken on record subject to verification.
Matter is adj. for verification to 06.11.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-11-2024
Date: 06-11-2024
Business: Court is vacant hence adj. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2025
Date: 10-01-2025
Business: Parties are absent.
Sr. Bank Manager Mr. Ashokkumar representative of plaintiff bank present.
None for plaintiff advocate present.
None for defendant present.
The NM is pending almost nearly for 5 years if the bank fail to take the steps on or before the next date it would deemed that bank have lost interest hence adjourned.
Issue Notice to defendant as court is vacant since 4 month.
Later on after finishing todays board Adv. Acharya for plaintiff present. Heard NM finally.
Adjourned for hearing of defendant who is absent. If the NM is argued by the defendant on next date which is pending nearly 5 would be disposed on its own merits.
Matter is adj. for NM hearing of defendant to 25.03.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2025
Date: 25-03-2025
Business: Parties are absent.
Adv. Akash Ascharya h/f Adv. S. N. Acharya present for plaintiff.
Order in Notice of Motion No. 1685 of 2020
Heard ld. Adv of plaintiff on NM No. 1685/2020 dt. 07.03.2025 which is pending since last 5 yrs. Whereby it is pointed out by ld. Adv of plaintiff the disclosure about jewelry, movable and immovable property in a suit filed for recovery amount of Rs.4,34,464.69/- approximately. The suit stated to be ex-parte order dt. 13.10.2023.
Perused the reliefs sought in the present notice of motion as the suit is proceeded ex-parte therefore, several reliefs sought vide prayer clauses ‘A’ to ‘D’ even if given would also of no used for the reasons that vide prayer clause ‘A’ disclosure and production of gold ornaments/jewelry worth market value Rs. 2,00,000/- has been sought a/w security of said amount.
Secondly, direction has been sought to be given to the defendant no. 2 to movable and immovable assets if it is given it is also of no use.
So far as, reliefs sought vide prayer clause ‘C’ can definitely granted which per say under order 38 Rule, 5 of CPC can be granted however subject to furnishing the details of such property. However no details are given therefore court can not grant such reliefs.
So far as, the reliefs sought vide prayer clause ‘D’ is concerned direction sought it. Direction produce IT returns for the period 16-17 to 18-19 are concerned pertains to pan no. DCXPS XXXXX it also can not be directed in the absence of plaintiff. It is un-contested petition. However it can be very well can be considered at the time final disposal of the suit. Hence, NM is disposed off accordingly.
Matter is adj. for steps to 28.07.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2025
Date: 28-07-2025
Business: Parties are absent.
Adv. Akash Achari present for plaintiff and pointed out that inadvertently roznama of other case has been uploaded.
None present for defendant.
Matter is adj. for hearing on admissibility of documents to 23.09.2025.
Next Purpose: HEARING
Next Hearing Date: 23-09-2025
Date: 23-09-2025
Business: Parties are absent.
Adv. Rushab Mehta i/b Adv. S.N. Acharya present for plaintiff and sought time to take appropriate steps.
None present for defendant.
Matter is adj. for steps to 28.11.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-11-2025
Date: 28-11-2025
Business: Aniruddha Bhadiyal Representative of Canara Bank and tendered draft Ch/S along with affidavit in support. O.-Leave granted to register it.
Adv. Akash Acharya present through V.C. for plaintiff.
None present for defendant.
Registered Ch/S No.2933/2025 received from department.
Order Below CONFIDENTIAL
hamber Summons No. 2933/2025.
1. Chamber summons No. 2933 of 2025 is allowed.
2. Necessary amendment be carried out within 14 days form the date of uploading of the order.
. Chamber Summons No. 2933 of 2025 disposed off accordingly.
Matter is adj. for compliance to 04.02.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-12-2025
Date: 22-12-2025
Business: By Praecipe Exh.14.
NOB-TOB.
Parties are absent.
Adv. Akash Acharya present for plaintiff, tendered praecipe vide Exh.14 and also tendered affidavit of evidence of Aniruddh Kamalkishor Badyal TOR marked as Exh.15.
Age 35
Occ Bank Manager
R.A. Room No.402, Canara Bank officers cottage, Andheri E. Mumbai 400093.
The contents of my affidavit are true and correct. I have signed it.
None present for defendant.
Matter is already adj. for to 04-02-2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-02-2026
Date: 04-02-2026
Business: Parties are absent.
Adv. Akash Acharya present for plaintiff.
None present for defendant.
Plaintiff is directed to keep the witness present.
Matter is adj. for recording evidence to 18.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2026
Date: 18-03-2026
Business: Manager of Syndicate bank is present.
Adv. Akash Acharya for plaintiff is present.
Documents produced by plaintiff vide Exh.12, have been referred and proved in the affidavit of evidence. Hence, they are marked as Exh. P1/1 to P1/21. The Following documents are exhibited:-
Exh. P1/1 – Original application for term loan signed by the defendants.
Exh. P1/2 – Original proforma invoice issued by the supplier.
Exh. P1/3 – Original Vehicle booking voucher.
Exh. P1/4 – original form of particulars of assets of defendant No. 02.
Exh. P1/5 – Original sanction letter issued by the applicants.
Exh. P1/6 – original stamped composite hypothecation agreement signed by the defendants.
Exh. P1/7 – Original stamped receipt for Rs.6,10,000/-.
Exh. P1/8 – Xerox copy of confirmation of delivery.
Exh. P1/9 – Office copy of covering letter issued by the plaintiffs.
Exh. P1/10 – Xerox copy of receipt bearing No.1618.
Exh. P1/11 – Xerox copy of Tax invoice.
Exh. P1/12 – Original registration certificate issued by RTO.
Exh. P1/13 – Xerox copy of insurance cover note.
Exh. P1/14 – Xerox copy of letter of surrender issued by defendant No. 02.
Exh. P1/15 – Offce copy of plaintiffs seizure notice.
Exh. P1/16 – Xerox copy of letter of pre possession issued by the seizure agent of the plaintiffs.
Exh. P1/17 – Xerox copy of letter of post possession issued by the seizure agent of the plaintiffs.
Exh. P1/18 – Office copy of plaintiffs advocate demand notice alongwith acknoledgement card.
Exh. P1/19 – Statement of Account.
Exh. P1/20 – Particulars of Claim.
Exh. P1/21 – Certificates.
Advocate for plaintiff filed evidence closure pursis. TOR and marked as Exh. 16.
Matter is adj. for arguments to 24.04.2026
Next Purpose: ARGUMENTS
Next Hearing Date: 24-04-2026
Date: 24-04-2026
Business: None present.
KB.. Later on at 12.35 p.m.
Parties are absent.
Adv. Akash Aeheja present for plaintiff.
None present for defendant.
Heard arguments of ld. Adv of plaintiff.
Exh.17- Ex-parte Judgment.
Operative part of Judgment.
1. Commercial Suit No.81 of 2021 is decreed with costs.
2. Defendants shall jointly and severally pay an amount of Rs.4,34,464.69/- (Rupees Four Lakh Thirty Four Thousand Four Hundred Sixty Four and Sixty Nine Paise Only) to plaintiff with interest at the rate of 9.85 percent p.a. from the date of suit till its realization.
3. Decree be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 24-04-2026