Date: 17-03-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 27.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 06.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 12.08.2021 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None for plaintiff.
The plaintiff is directed to take steps for service of writ of summons on the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd.to 07-09-2021 for writ of summons.
LO on 1.00 pm.
Adv. Sujata Dahigavkar for plaintiff and filed vakalatnama
t.o.r. and marked as Exh. 2 and also filed draft C/S. Leave
is granted to register the C/S.
Adv. Sujata Dahigavkar submitted that she would issue
writ of summons of the C/S is decided.
Matter is adjd.to 07-09-2021 for filing register C/S
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. Sujata Dahigavokar for plaintiff present and filed registered C/S No. 965/21 with supporting affidavit t.o.r.
Heard Ld. Adv. Sujata Dahigavokar on C/S.
As Syndicate Bank got amalgamated into Canara Bank, amendment in the plaint is necessary to show the current status and name of the plaintiff as a legal entity. Hence, CS No. 965/21 is made absolutely. The plaintiff is directed to carry out amendment in the plaint within 14 days and file amended copy of the plaint on record. C/S No. 965/21 is disposed off.
Matter is adjd.to 28-09-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present and prayed for extension of time to carry out amendment – further time of 14 days is granted for carrying out the amendment.
None for defendant
Matter is adjd.to 27-10-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: None for plaintiff.
The plaintiff is directed to take steps for service of writ of summons upon the defendant.
Matter is adjd.to 04-12-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv. Sujata Dahigavkar for plaintiff present and prayed for extension of time for service of writ of summons.
Time is extended for service of writ of summons upon the defendant.
Matter is adjd.to 17-01-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Both parties and their Advocates absent.
Matter is adjd.to 03-02-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and prayed for adjournment for filing affidavit of service – short date be given.
Matter is adjd.to 16-03-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and filed affidavit of service with original writ of summons and one returned closed envelope t.o.r. and marked as Exh.3
Matter is adjd.to 12-04-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present Adv. for tendered draft C/S with supporting affidavit t.o.r. and Leave is granted to register the C/S.
Matter is adjd.to 30-04-2022 for filing registered C/S
Next Purpose: FOR___________________
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and tender original registered C/S No. 589/22 with supporting affidavit t.o.r.
As the defendant could not be served with writ of summons as per affidavit of service Exh.3, the plaintiff is justified in seeking substituted service. Hence, CS No.589/22 is made absolute in terms of prayer clause (a). issue fresh writ of summons for substituted service upon defendant by publishing in Free Press Journal and Nav Shakti. Time is extended for service of writ of summons. CS No.589/22 is disposed off.
Matter is adjd.to 11-07-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and seeks time for extension of paper publication. Granted
Adjd for writ of summons to 22/08/2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: NOB TOB
Matter is referred to Lok Adalat.
Issue notice to both parties to remain present at Lok Adalat to be held on 13.08.2022
Adjd for Lok Adalat to 13.08.2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: None present.
Adjd to 22/08/2022.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: None present when called. Plaintiff is directed to file affidavit of service.
Adjd for affidavit of service to 28/09/2022
L. O
Adv. Dahigaonkar for plaintiff present and orally submitted to extend time for paper publication. O- Time extended.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: PO on leave. Matter adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and orally prayed for extension of time for paper publication. Granted.
Adjd for affidavit of service to 22/11/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and sought time for filing affidavit of service of summons against the defendant - Granted time.
Adjd. to 03.01.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: Adv. Sujata Dahigaonkar for plaintiff present and tendered affidavit of service through paper publication t.o.r. and marked as Exh. 4 O- Seen
As per affidavit writ of summons is published in two newspapers. Writ of summons is served to defendant. Defendant is absent.
Adjd for passing exparte orders to 13/01/2023
Next Purpose: ORDER
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Adv. Sujata Dahigonkar for plaintiff is present.
None for defendant.
As per affidavit of service the writ of summon is served to the defendant through paper publication in two news papers. Defendant is absent. Hence, suit proceeded exparte against the defendant.
Case is adjourned for exparte evidence to 27-01-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Plaintiff is present.
Adv. Sujata Dahigaonkar for plaintiff is present.
None for defendant.
Exh.05 – Affidavit of examination in chief of plaintiff Mr. Vinay Kumar Vaidhya is filed O- Plaintiff bank’s Manager namely Mr. Vinay Kumar Vaidhya is present before the Court. He admits the contents of affidavit. It is read and recorded.
Exh.06 - List of documents O- Filed.
Following documents were proved in the examination in chief of witness.
Exh.07/1 - Loan application.
Exh.07/2 - Sanction letter
Exh.07/3 - Composite Hypothection Agreement alongwith receipt.
Exh.07/4 - Receipt dated 13-10-2026.
Exh.07/5 - Particulars of assets and liabilities.
Exh.07/6 - Authority letter of Debit monthly installments.
Exh.07/7 - Legal notice
Exh.07/8 - Statement of account and relevant certificates.
Exh.07/9 - Particular of claim
Defendant is absent when called on. Hence, no cross-examination.
Exh.08 - Evidence close pursis filed by ld adv for plaintiff t.o.r. O- R and R.
Case is adjourned for exparte argument to 15-02-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: court on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Sujata Dahigaonkar for plaintiff present.
None present for defendant.
Heard argument of Ld advocate for the plaintiff.
Case is adjourned to 16.03.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Adv. Sujata Dahigaonkar for plaintiff present.
None for defendant.
Court pronounced Judgement in open Court.
Exh.9 Judgement.
F.R.S.R. following order is passed.
ORDER
1) Commercial Suit No. 39 of 2021 is decreed with costs.
2) The defendant do pay an amount of Rs.7,97,025.71ps. (Rs. Seven Lakhs Ninety Seven Thousand Twenty Five and Seventy One Paise Only) to the plaintiff bank along with interest at the rate of 10.35 percent per annum on the principal amount with monthly rests from the date of filing of the suit till its realization within three months from the date of this decree.
3) Defendant shall bear the cost of the suit.
4) Court fee, if any, be refunded to the plaintiff as per rule.
5) Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 16-03-2023
