Date: 01-07-2019
Business: Matter called out at 12.19 p.m.
None present.
Matter adj for direction on 09.09.2019
Next Purpose: DIRECTIONS
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Plaintiff absent.
Defendant absent.
Adv. for plaintiff present.
Adv. for defendant absent.
Matter adjd to 07.01.2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Karuna Adangale for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender draft chamber summons @ affidavit - Leave is granted to register chamber summons.
KB.
LO.
Advocate for plaintiff tender register chamber summons no. 28/2020.
Heard. Ld. Counsel for plaintiff.
FRSR - Order below in chamber summons no. 28/2020
ORDER.
ORDER
1) Chamber summons no. 28/2020 is made absolute in prayer clause (a).
2) Plaintiff is permitted to amend cause title and schedule within 14 days.
3) After amendment plaintiff has directed to file copy of plaint.
4) Chamber summons no. 28/2020 be disposed of in above term.
Matter adjd to 14.02.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Adv.Sanjay Upadhaya for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender adjournment application - Allowed.
Matter adjd to 18.04.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv. Adangale for plaintiff
None for defendant
Adjd to 15-04-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: None present for both parties.
KB
Adv Sanjay Upadyay present for the plaintiff.
He filed application for issuance of fresh summons TOR O- allowed.
Matter is adjd to 16.12.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv. Karuna Adangle for the plaintiff present and filed affidavit of service. It is marked as Exh.5.
None for defendants.
Matter is adjd. to 22/02/2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: None present.
Matter referred to Lok-adalat.
Matter is adjd. for Lok-adalat report to 12-03-2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022
Date: 12-03-2022
Business: NATIONAL LOK-ADALAT HELD ON 12/03/2022 (Panel-8)
Matter pertaining to C.R. No. 15
None present.
Matter Adjd to 05/05/2022.
Adv. P. M. Bhansali Adv. Nikhil Ghate H.H.J. S.P.Naik-Nimbalkar
Panel Member Panel Member Panel Head
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Advocate Mrs. Karuna Adangale for plaintiff present.
None for defendant.
Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the plaintiff. O- Leave to register Ch/s is granted. Copy be serve to other side.
Matter is adjd. for service to 11-07-2022.
Next Purpose: SERVICE
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR (C.R. No.15)
Both parties and their adv. absent.
Adjd to 07/10/2022 for service.
Judge
Next Purpose: SERVICE
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 14-03-2023
Date: 14-03-2023
Business: As court is vacant.
Next Purpose: SERVICE
Next Hearing Date: 30-06-2023
Date: 30-06-2023
Business: Adv.Karuna Athangale present for plaintiff. Seeking for extension time for register CS. Time is extended for registration for today only.
None present for defendant.
Matter stands adjourned for compliance on 29-08-2023.
L.O. at 1.20 pm.
Plaintiffs Advocate tendered registered CS 1124/23 TOR.
Matter stands adjourned for compliance on 29-08-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Adv.Karun Adangale present for plaintiff, tendered affidavit of service TOR marked as Exh.3.
None present for defendant.
Heard.
It seems that the defendant have declared their address at the time of loan passed, the plaintiff has tried to serve the Writ of summons on given address but it returned as it is insufficient address, therefore plaintiff has not option but to issue writ of summons by paper publication. Consequently I proceed following order-
Order
1.Chamber Summons No.1124/23 stands allowed.
2. Plaintiff is permitted to publish writ of summons in news paper as per provisions of Order 5 Rule 21 of CPC.
3. Chamber Summons No. 1124/23 disposed off accordingly.
Matter stands adjourned for compliance on 07-11-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: P. O. is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: Adv.Karuna Adangale present for plaintiff, tendered affidavit of service TOR marked as Exh.4.
None present for defendant.
As per report Exh.4, the writ of summons published in news paper as per order in CS No.1124/23, defendant failed to appear, hence, proceed ex-parte against the defendant.
Matter stands adjourned for Ex-parte evidence on 07-03-2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: None present.
Kept back.
L.O. at 12.45 pm.
Representative of plaintiff(Anup Rabhadia) alongwith Adv. Karuna Adangale present, tendered application to allow the new branch manager to lead the evidence on behalf of plaintiff bank TOR marked as Exh.4. O-Allowed.
The plaintiff tendered affidavit of evidence along with compilation of documents TOR marked as Exh.5 and Exh.6.
None present for defendant.
Matter stands adjourned for marking of documents on 24-07-2024
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-07-2024
Date: 24-07-2024
Business: Adv. Karuna Adangale present for plaintiff.
None present for defendant.
The following documents are exhibited under the list Exh.6.
The Document at Sr.No. 1 is the original sanction letter dated 25/01/2018 TOR marked as Exh.7-Colly.
The Document at Sr.No. 2 is the original demand promissory note dated 31/01/2018 for Rs.3,60,000 /- TOR marked as Exh.8.
The Document at Sr.No.3 is the original agreement of hypothecation (to secure motor trucks and other transport vehicles with spares accessories, tools etc.) dated 31/01/2018 TOR marked as Exh.9-Colly.
The Document at Sr.No. 4 is the original letter of lien and set off for borrowing arrangements from the borrowers dated 31/01/2018 TOR marked as Exh.10-Colly.
The Document at Sr.No. 4 is the original of general lien and set-off from guarantors dated 31/01/2018 TOR marked as Exh.11-Colly.
The Document at Sr.No. 5 is the original letter of guarantee dated 31/01/2018 TOR marked as Exh.12-Colly.
The Document at Sr.No. 7 is the statement of accounts TOR marked as Exh.13-Colly.
The Document at Sr.No. 8 is the bankers certificate TOR marked as Exh.14.
Matter stands adjourned for Ex-parte evidence on 20-09-2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: Adv. Karuna Adangale present for plaintiff, tendered evidence closing pursis TOR marked as Exh.15.
None present for defendant.
Heard the counsel of plaintiff.
Ex-parte Judgment Exh.16.
F.R.S.R. following order is passed-
ORDER
1.S. C. Suit No.1377 of 2019 is hereby partly decreed with costs.
2.Plaintiff do recover an amount of Rs.2,78,304.59/- from defendants alongwith interest at the rate of 9 percent per annum from 08/03/2019, till realisation of entire amount.
3.Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
Nature Of Disposal: PARTLY DECREED
Disposal Date: 20-09-2024