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. 1127/21 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. 1127/21 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. 1127/21 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.
Exh-3 Affidavit of service filed by adv. for plaintiff. O- Seen.
As per affidavit of service through bailiff, writ of summons is duly served upon defendants.
Defendant is absent. None present on behalf of defendant. Hence suit to proceed exparte against defendant.
Adjd for exparte evidence to 11/08/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Mr. Vinay K Vaidhya, Witness of plaintiff present.
Exh- 4 Affidavit of evidence of Vinay K. Vaidhya filed. O- Read and recorded in evidence.
Exh-5 List of documents. O- Filed.
Exh-6 Loan application
Exh-7 Sanction letter.
Exh-8 composite hypothecation agreement
Exh-9 Receipt
Exh-10 Particulars of assets and liabilities
Exh-11 Authority letter to debit monthly installments.
Exh-12 legal notice.
Exh-13 Statement of accounts and certificate.
Exh-14 Particular of claim.
Exh-15 Evidence closing pursis filed by plaintiff. O- R and R.
heard arguments of adv. Dahigaonkar for plaintiff.
Adjd for exparte judgment to 22/08/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Court is busy in passing order in other suit hence adjourned.
Adjd for exparte judgment to 24/08/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: None present when called.
Court pronounced judgment in open court
Exh- 16 Judgment
FRSR the following order Is passed
ORDER
1. Commercial Suit No. 172 of 2021 is decreed with costs.
2. The defendant do pay to the plaintiff an amount of Rs.6,31,142.06 (Rs. Six Lakh Thirty One Thousand One Hundred and Forty Two and Paise Six Only) with future interest at the rate of 12 percent on the principal sum of Rs. 4,00,000/- from the date of filing of the suit till realization within three months from the date of this order.
3. Defendant shall bear the costs 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: 24-08-2022