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.
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. 3.45 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: 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: 29-11-2022
Date: 29-11-2022
Business: By Precipice.
Adv. Sujata Dahigaonkar for plaintiff present.
Adv. of plaintiff has filed application for file taking on todays board. Granted.
Exh.12 advocate of plaintiff has filed application for allowing to affix suit summons on notice board of this court because as per bailiff report, he has not found defendant on the said address due to incomplete address.
Plaintiff also simultaneously sought service of suit summons by way of news paper. Hence, application Exh.12 is allowed.
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.
None Present for Deft.
Exh.13 - adv of plff has filed service affidavit of bailiff. It shows that bailiff has affixed copy of summons on the notice board of this Court on 29/11/2022.
Exh.14 - adv of plff has filed service affidavit regarding publication in suit summons in newspaper Free press Journal and Navshakit dt.24/11/2022. However deft did not appear. Hence suit be proceeded ex-parte against deft.
Adj. For Ex-parte evidence on 04/02/2023.
Next Purpose: EX-PARTE EVIDENCE
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.
Exh.15 - Adv of plff has filed chief examination of Plff.
PW-1 present. Oath given to the witness.
Exh.16 - Adv of plff has filed document with list.
Heard Adv.of plaintiff on the point of exhibiting the documents. As the suit is ex-parte, no argument of defendant. Documents filed with list Exh.16 which are referred in chief examination are marked exhibit as under.
Exh.17- Loan application dt. 17/12/2016.
Exh.18- Sanction letter dt. 29/12/2016.
Exh.19- Composite hypothecation agreement dt. 31/12/2016 along with receipt.
Exh.20- Receipts dt. 31/12/2016.
Exh.21- Particulars of assets and liabilities dt. 30/12/2016.
Exh.22- Authority letter to debit monthly installments dt. 31/12/2016.
Exh.23- Legal notice dt. 12/12/2018.
Exh.24- Statement of account and relevant certificates.
Exh.25- Particulars of claim.
Suit is ex-parte, hence, no cross.
Adv of plff seeks time for details of principal amount and interest amount separately.
Adj. For Further evidence on 16/02/2023.
Next Purpose: EX-PARTE 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.26- bifurcation of particular of claim amount.
Exh.27- adv of plff has filed evidence closure pursis.
Heard argument of adv of plff.
Exh.28- Judgment.
F.R.S.R. following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.5,55,376/- and interest @ 10.25% p.a. monthly rests on principal sum of Rs.2,20,239/- from the date of suit till realization of the said amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 16-02-2023