Date: 21-04-2021
Business: None for both side.
Matter is adjd.to 16.06.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Court is on Leave
Next Purpose: DIRECTIONS
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Both the parties absent when called out.
Adjourned to 06.09.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Both the parties absent when called out.
Advocate Sujata Dahigavkar for Plaintiff present and filed
V/N tor and marked Exh.2
Advocate for Plaintiff tendered draft CHS alongwith
supporting affidavit. Leave is granted to register CHS
None for Defendant.
Matter is adjd.to 04-10-2021 for filing registered CHS.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Sujata Dahigaonkar i/b Sandhya Nanavare for plaintiff present and filed original C/S No. 1129/21 with supporting affidavit t.o.r.
Heard Adv. for plaintiff.
This C/S is filed for changing the name of the plaintiff Bank who is merged with Canara Bank as pleaded in para 3 of affidavit in support. Amendment being necessary to clarify present position of the plaintiff Bank, C/S No. 1129/21 is made absolute in terms of prayer clause (a).
The plaintiff is directed to carry out amendment in the plaint within 14 days from today.
Writ of summons be issue to the defendant after amendment is carried out in the plaint.
C/S No. 1129/21 is disposed off.
Matter is adjd.to 12-11-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present and submitted that amendment has been carried out in the plaint and fresh writ of summons may be issue to the defendants.
Considering her submission, issue fresh writ of summons may be issue to the defendants.
Matter is adjd.to 14-12-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Time is extended for service of writ of summons upon the deft.
Matter is adjd.to 03-02-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: None for plaintiff.
Time is extended for service of writ of summons.
Matter is adjd.to 10-03-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and submitted that time may be extended for service of writ of summons.
Time is extended for service of writ of summons.
Matter is adjd.to 11-04-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present
Time is extended for service of writ of summons.
Matter is adjd.to 17-06-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: None present when called.
Adjd for writ of summons to 02/08/2022
L. O
Adv. Sujata Dahigaonkar for plaintiff present.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and sought time to file affidavit of service.
Adjd for affidavit of service to 22/08/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Adjd for affidavit of service to 07/10/2022
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 Issuing fresh writ of summons. O- Granted as prayed.
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 extension of time for 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 sought time.
Adjd for affidavit of service to 07/02/2023
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Adv. Sujata Dahigaonkar for plaintiff is present and filed affidavit of service t.o.r marked as Exh.03. O- Seen.
None for defendant.
As per affidavit of service of writ of summons to the defendant is unserved. Plaintiff to take steps.
Case is adjourned for steps to 09-03-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: CORAM H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
None present.
Plaintiff directed to take steps.
L.O. at 1.25 P.M.
Adv. Sujata Dahigaonkar for plaintiff present and filed draft chamber summons. T.O.R. O- Leave granted to register chamber summons.
Case is adjourned on 10.04.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv. Sujata Dahigaonkar for plaintiff is present and tendered draft Chamber Summons alongwith affidavit. O-Leave granted to registered CS.
None for defendant.
L.O. at 1.49 pm
Ld adv for plaintiff tendered original registered Chamber Summons No. 662 of 2023 alongwith affidavit t.o.r.
Heard ld adv for plaintiff on CS no. 662 of 2023.
Order passed below Chamber summons No. 662 of 2023-
It is contended that the bailiff want to serve the writ of summons on the address of the defendant and the bailiff found that the defendant was not found and the address was not traceable. Hence, summons could not be served. She submits that defendant is deliberately avoiding service. She seeks leave to serve him through paper publication and pasting.
The affidavit of service filed on record reveals that the service attempted through bailiff has returned unserved with the endorsement as whereabout of the defendant is unknown. Thus it appears that defendant avoided service. Hence, I find it just and proper to permit the plaintiff to serve defendant through pasting and paper publication as per rule 20 of order V of CPC. Hence, the order-
ORDER
1) The Chamber summons No. 662 of 2023 is allowed.
2) Plaintiff to serve defendant by pasting and paper publication in two news papers, one English and another Marathi, having vide circulation.
3) Plaintiff to file service affidavit accordingly.
4) The Chamber Summons No. 662 of 2023 disposed of accordingly.
Case is adjourned for affidavit of service to 20-06-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Syndicate Bank Vs M/s. Apple Travel World
All called, but absent
Parties to take steps. Else, put for necessary order.
Matter adjourned to 07.08.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Syndicate Bank Vs M/s. Apple Travel World
Adv. Ms. Sujata Dahigaokar present for plaintiff.
She is seeking adjournment for effect service.
O- Time extended for service.
Matter adjourned to 23.11.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2023
Date: 23-10-2023
Business: Adv. Sujata Dahigaonkar present for the plaintiff.
As Court is on leave, Case adjourned to 23.11.2023 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: Syndicate Bank V/s Apple Travel
Adv. Sujata Dahigaonkar present for plaintiff.
She is seeking oral adjournment for effecting service.
Time extended for effecting service.
Case adjourned to 12.03.2024 for service.
Next Purpose: SERVICE
Next Hearing Date: 12-03-2024
Date: 12-03-2024
Business: Syndicate Bank v/s Apple World
Adv. Sujata Dahigaonkar present for plaintiff.
Exh.4 - Affidavit of Service filed by plaintiff stating that, the defendant is served by way of Paper Publications in Prathkal and Business Standard, Mumbai Dt.19.01.2024.
Exh.5 - Affidavit of service filed by plaintiff stating that, the suit summons is served by way of Pasting on 03.01.2024.
Till date defendant has not filed appearance before this Court.
Today Defendant side is called, but absent.
Suit to proceed Ex-parte against defendant.
Plaintiff to take steps regarding Ex-parte evidence.
Case adjourned to 03.05.2024 for Ex- parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: Syndicate Bank V/s apple Travel world
PO is on leave
Adv. Sujata Dahigaonkar present for plaintiff.
On oral request of plaintiff suit adjourned to 09.05.2024.
Suit adjourned to 09.05.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-05-2024
Date: 09-05-2024
Business: Syndicate Bank V/s Apple Travel World
Plaintiff side called, but absent.
Plaintiff to take steps regarding ex-parte evidence.
Suit adjourned to 22.08.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: Syndicate Bank Vs M/s. Apple Travel World
Adv. Sujata Dahigaonkar present for plaintiff.
Plaintiff Sharanpreet Singh witness present.
Exh.6- Affidavit of evidence of PW1 Sharanpreet Singh.
Exh.7- List of documents.
Further examination in chief of PW1 recorded.
Exh.8
-
Loan application dt. 14.01.2016.
Exh.9
-
Letter of sanction dt. 15.01.2016.
Exh.10
-
Composite Hypothecation Agreement dt. 20.01.2016.
Exh.11
-
Receipt dt. 20.01.2016.
Exh.12
-
Particulars of Assets and Liabilities dt. 14.01.2016.
Exh.13
-
Authority letter to debit monthly installments dt. 20.01.2016
Exh.14
-
Legal notice dt. 12.12.2018.
Exh.15
-
Statement of Account from 20.01.2016 to 29.02.2020.
Exh.16
-
Particulars of claim dt. 11.03.2020.
Exh.17
-
Non-starter report.
Further examination in chief is over.
Exh.18- Evidence closure pursis filed by plaintiff.
Suit adjourned to 26.08.2024 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: Plaintiff side called, but absent.
Defendant side called, but absent.
Exh.19 Judgment (Dictated and pronounced in Open Court.)
F. R. S. R. Following Order is passed
ORDER
1. Commercial Suit No. 100171 / 2021, Canara Bank Vs M/s. Apple Travel World, is partly decreed, with proportionate cost.
2. Defendant, within three months from date of this Order, shall pay, Rs. 5,31,045/- (Rupees Five Lakh Thirty One Thousand and Forty Five Only) to plaintiff, with interest @ 9 percent per annum from the date of filing of the Suit, till its realization.
3. Court fee, if any, be refunded to the plaintiffs as per rules.
4. Decree be drawn up accordingly.
5. Judgment pronounced in Open Court.
6. Parties be informed about their right to challenge this Judgment and period of limitation for same.
7. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 26-08-2024