Date: 17-03-2021
Business: None present for plaintiff.
None present for defendant.
Issue writ of summons to defendant.
Matter adjd to 19.04.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Weekly Off is given to P.O. as per order of Hon\''ble P.J. at 17/04/2021 ( Assignment duties during Covid) hence, matter adjd. to 07/05/2021 for report.
Next Purpose: REPORT
Next Hearing Date: 07-05-2021
Date: 07-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 14.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO
Same appearance.
Matter adjd to 31.08.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: None present for plaintiff.
None present for defendant.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
KB
LO at 12.39 pm
Adv.Sujata Dahigaonkar filed vakalatnama, Exh.5 for Adv.Sandhya Nanavare on behalf of plaintiff t.o.r.
Adv. of plaintiff filed draft chamber summons a/w. affidavit in support t.o.r. O-Leave granted to register draft chamber summons.
Heard Adv. for plaintiff on draft chamber summons. Defendant is yet to be served.
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 today itself.
Matter adjd to 28.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None present for plaintiff.
None present for defendant.
ORDER BELOW EXH.01
Issue fresh suit summons on the defendant.
Matter adjd to 06.12.2021 for service affidavit.
LO at 1.45 p.m.
Adv.Sujata Dahigaonkar i/b Adv. Sandhya Nanavane for plaintiff present.
Already adjd to 06.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv.Sujata Dahigaonkar h/f.Adv.Sandhya Nanavare for plaintiff present.
None present for defendant.
KB
LO at 12.37 pm,
Adv.Sujata Dahigaonkar h/f.Adv.Sandhya Nanavare for plaintiff present. She filed application for extension of time for service of suit summons, Exh.6 t.o.r. O-Time for service of suit summons is extended.
Matter adjd to 10.01.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Ms. Sujata Dahigoankar for plaintiff present.
None present for defendant.
Adv. for plaintiff filed application for extension of time for service of summons t.o.r and marked as Exh. 7. Order : Time extended.
Adjd to 10.02.2022 for Service Affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
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 affidavit of service.
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.
Report awaiting.
Matter adjd to 17.06.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Adv Sujata Dahigaonkar present for plaintiff.
Adv of plff submitted that report of bailiff is awaited and hence, seeks time for filing service affidavit. O-Granted.
Matter adjd to 04.07.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: None present.
LO KB 12.30.
Adv. Sandhya Nanavare Present for Plff.
None Present for Deft.
Ex.09.- Adv of plff has filed service affidavit along with bailiff report. - Summons returned unserved. Adv of plff seeks time for steps against the deft.
Adj. For Steps on 28/07/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: PO is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: None present.
KB LO. 12.30.
Adv. Sujata Dahigaonkar Present for Plff.
None Present for Deft.
Adv of plff filed draft CS along with affidavit for substitute service of suit summons on deft by way of publication in newspaper and pasting on the door of deft. Record shows that suit summons was issued to deft through Bailiff but it returned unserved on the ground that deft is not residing on the said address. Thus, Chamber Summons for substitute service is allowed as under.
1. Suit summons be served on defendant by way of publication in newspaper as prayed.
2. Simultaneously plaintiff shall serve suit summons on defendant by pasting it on the door, as well as by Email to the defendant.
3. Chamber summons be registered for statistical purposes.
Adj. For Service affidavit on 22/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. Sujata Dahigaonkar I/b Adv. Sandhya Nanavare Present for Plff.
None Present for Deft.
Ex.10. - Adv of plff has filed application for extension of time for service of suit summons.
Adj. For Service affidavit on 05/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-11-2022
Date: 05-11-2022
Business: Adv. Smt. Sujata Dahigaonkar for plaintiff present.
None present for defendant.
Advocate for plaintiff seeks time for extension of time for service of suit summons on the ground that advocate was not feeling well.
Extension of time for service of suit summons granted as a last chance.
Case adjourned for service of suit summons to 13.12.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Court is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Sujata Dahigaonkar h/f Adv. Sandhya Nanavare Present for Plff.
Representative of deft namely Vishal Devrukhkar present.
Exh.11 - deft filed application for time to engage advocate.
Exh.12 - adv of plff has filed service affidavit of bailiff. It shows that bailiff has affixed copy of summons on the conspicuous part of the door of the deft on 28/11/2022.
Exh.13 - adv of plff has filed service affidavit regarding publication in newspaper Free press Journal and Navshakit dt.24/11/2022.
Deft is served with suit summons on 28/11/2022. As per order 8 of CPC applicable to the Commercial Court Act deft has to file WS within 30 days as of right and within 90 days of grace period subject to costs. Deft contended that he could not filed WS on the earlier date because he make with accident. Considering the ground for non appearance of deft time for file WS granted till the next date subject to costs of Rs.500/- to be paid to plff.
Adj. For WS and Costs on 04/02/2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: Adv. Sujata Dahigaonkar h/f Adv. Sandhya Nanavare Present for Plff.
None Present for Deft.
Adv of plff contended that she has received costs of Rs.500/- from the advocate of deft as per order dt. 11/01/2023.
Today deft and his Ld Advocate are absent and not filed WS. Today is 68th day from the date of service of summons. Thus suit be proceeded without WS.
Adj. For Evidence without WS on 16/02/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: Adv. Sujata Dahigaonkar h/f Adv. Sandhya Nanware present for plff.
None present for deft.
Exh. 14- adv of plff has filed chief examination of PW-1.
PW-1 Vinay Vaidhya present oath given to the witness.
Exh.15- adv of plff has filed list of documents.
Heard Adv.of plaintiff on the point of exhibiting the documents. Documents filed with list Exh.15 are the same documents which were filed with the plaint. There is no additional documents with list Exh.15. These documents are disclosed in plaint and list filed with the plaint. Hence the document are tentatively marked exhibit as under.
Exh.16- Application for advances dt. 08/08/2016.
Exh.17- Sanction letter dt. 19/08/2016.
Exh.18- Composite Hypothecation agreement dt. 19/08/2016.
Exh.19- Receipt dt. 19/08/2016.
Exh.20- Particulars of assets and liabilities.
Exh.21- Authority letter to debit monthly installments dt. 19/08/2016.
Exh.22- Legal notice dt. 12/04/2019.
Exh.23- Statement of account.
None present on behalf of defendant hence no cross examination.
Exh.24- Bifurcation of particular of claim amount.
Exh.25- adv of plff has filed evidence closure pursis.
Adj. For Argument on 08/03/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Smt. Dahigaonkar for plaintiff present.
None present for defendant.
Heard argument of advocate of plaintiff.
Exh.26 Judgment
FRSR following order passed.
ORDER 1.Suit is decreed with costs.
2.The defendant is directed to pay to plaintiff the amount of Rs.5,10,446/- and interest @ 10.35percent p.a. on principal sum of Rs.2,18,004/- from the date of suit till realization of the said amount. 3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 08-03-2023