Date: 17-03-2021
Business: Adv.Pratik Kadav i/b. M/s. A.R. Bamne for plaintiff present.
None present for defendant.
Affidavit of service, Exh.2 filed by adv. of plaintiff t.o.r.
Defendant not served. Plaintiff to take steps.
Matter adjd to 06.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 29.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Adjournded due to Covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 19.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 21.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv.Pratik Kadu i/b.M/s.A.R.Bamne and Co. for plaintiff present.
None present for defendant.
Adv. of plaintiff filed draft chamber summons a/w. affidavit t.o.r
O-Leave granted to register draft chamber summons.
Heard the Ld.adv.for the plaintiff.
ORDER ON DRAFT CHAMBER SUMMONS
The chamber summons is taken out with the prayer to allow the plaintiff to serve the defendants by paper publication. Read the service affidavit, Exh.2. The defendants are unserved. The summons on defendant No.1 and 2 are returned with endorsement \''property is demolished\''. Summons will not be served in ordinary mode. Hence, I passed the following order.
ORDER
1. Draft chamber summons is allowed as follows -
(a) The suit summons be served by publishing the same in the leading newspapers (one English and one Marathi) having vide circulations in the area of the addresses of the defendants.
(b) Liberty is granted to select the newspapers in terms of order clause No. (a) for effective service through publication.
2. Draft chamber summons is disposed off accordingly. It be registered for statistical purpose.
Matter adjd to 29.10.2021 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv.Nilesh Bamne i/b.A.R.Bamne and Co. for plaintiff present.
None present for defendant.
KB for filing service affidavit.
LO at 12.08 pm,
Adv.Nilesh Bamne i/b.A.R.Bamne and Co. for plaintiff present.
Plaintiff filed service affidavit, Exh.3 in respect of paper publication t.o.r.
Plaintiff requested for extension of time for service of summons by pasting through bailiff. O-Time is extended.
Matter adjd to 04.12.2021 for service affidavit in respect of pasting.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv.Bamne i/b.A.R. Bamne and Co. for plaintiff present.
None present for defendant.
PO is nominated for online special programme for Commercial Court on Arbitration, hence, adjourned.
Matter adjd to 11.01.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv.Divya Bamne i/b. M/s.A.R. Bamne and Co. for plaintiff present.
None present for defendant.
The plaintiff filed application for extension of service of summons, Exh.4 t.o.r. O-Time is extended.
Matter adjd to 03.02.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: Adv.Nilesh Bamne for plaintiff present.
None present for defendant.
Service report is awaiting.
Matter adjd to 17.02.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv.Divya Bamne i/b.A.R. Bamne and Co. for plaintiff present.
None present for defendant.
The plaintiff filed service affidavit a/w. summons and bailiff report t.o.r. and marked as Exh.5 colly.
Matter adjd to 08.03.2022 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: None present for plaintiff.
None present for defendant.
Plaintiff absent. No steps taken. Keep for order.
Matter adjd to 04.04.2022 for order.
Judge
LO at 12.29 pm,
Adv.Nilesh Bamne for plaintiff present.
Matter adjd to 04.04.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Adv.Sarika Kamble i/b.A.R.Banme and Co. for plaintiff present.
None present for defendant.
The plaintiff filed application for issuance of fresh writ of summons t.o.r. and marked as Exh.6. O-Issue fresh suit summons on address stated in the application by RPAD.
Matter adjd to 05.05.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv. Ms. Divya Bamne i/b M/s A. R. Bamne and Co. present for plaintiff.
None present for defendant.
Report awaiting.
Matter adjd to 27.06.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Adv Ms. Divya Bamne present for plff.
None present for Deft.
Adv of plff has filed service affidavit at ex.7 along with copy of postal tracking report regarding deft no.2.
As per service affidavit and tracking report deft no.2 served suit summons on 22/04/2022.
adv of plff filed application for re issue summons to deft no.1- granted.
Adj. For order against deft no.2 and service affidavit of Deft no.1 to 26/07/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Divya Bamne Present for Plff.
None Present for Deft.
Deft no.2 served with suit summons on 22/04/2022 but till today he did not appear. Hence suit be proceeded Ex-parte against deft no.2.
Adv of plff seeks time for steps against deft no.1. Granted.
Adj. For Steps against deft no.1 on 17/08/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Priya Bamane Present for plff.
None present for deft.
KB LO 3.45.
Adv. Priya Bamane Present for plff.
Ex.09 -Adv of plff filed joint service affidavit along with postal tracking report.
It shows that deft no.1 served with suit summons on 09/07/2022 but he did not appear till today. Hence suit be proceeded Ex-parte against him.
Adj. For Ex-parte Evidence on 28/09/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Divya Bamane I/b M/s A. R. Bamane Present for Plff.
None Present for Deft.
Adv of plff seeks time to file evidence. Granted.
Adj. For Ex-parte evidence on 11/10/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Adv. Divya Bamane Present for Plff and seeks time to file evidence. Granted.
Adj. For Ex-parte Evidence on 09/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv Divya Bamne for plaintiff present.
None for defendant.
Adv of plaintiff seeks adjournment on the ground that officer of plaintiff Bank has been transferred.
Case is adjourned for ex-parte evidence from last three days. Adjournment is granted last chance on 28.11.2022.
Matter is adj to 28/11/2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Adv. Divya Bamne I/b A. R. Bamne and Co. Present for Plff.
None Present for Deft.
Ex.10 - Adv of plff has filed chief examination of PW-1.
PW-1 Shekhar Rajput present oath given to witness.
Ex.11 - Adv of plff has filed compilation of document.
Heard Adv.of plaintiff on the point of exhibiting documents. As the suit is ex-parte, no argument of defendant. Documents filed with list Exh.11 which are referred in chief examination are marked exhibit as under.
Ex.12 - Letter of authority dt. 24/11/2022 of Mr. Shekhar Rajput.
Ex.13 - copy of sanction letter dt. 05/11/2016.
Ex.14 - Demand promissory note dt. 08/11/2016.
Ex.15 - Original agreement of hypothecation of vehicle dt. 08/11/2016.
Ex.16 - Original letter of General lien and set off dt. 08/11/2016.
Ex.17 - Original office copy of recall/demand notice dt. 21/05/2018 sent by the plff to the Deft.
Ex.18 - Statement of accounts along with Banker\''s evidence certificate.
Suit is ex-parte, hence, no cross.
Ex. 19- adv of plff has filed evidence closure pursis. t.o.r.
Heard argument adv of plff.
F.R.S.R. Following order passed.
1. Suit is decreed with costs.
2. The defendants are jointly and severally directed to pay to plaintiff the amount of Rs.5,45,633/-.
3. The defendants are jointly and severally directed to pay to plaintiff the interest @ 10.01% p.a. + penal interest 2% p. a. om principal sum of Rs.3,92,547/- from the date of suit till realization of the said amount.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 28-11-2022