Date: 16-12-2020
Business: Adv. for Plaintiff Absent.
Adv. for defendant Absent.
Matter is adjd. to 17.04.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 73/2021 dtd. 06.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 05.04.2021 with the Letter No. Insp/I/30/2021 dtd. 05.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 07.04.2021 in supersession of earlier Office Order No. 64/2021. As per clause No.4 of the said Office Order No.73/2021 all Courts shall remain closed on every Saturday and to take up only remand and urgent matters, as being taken up on holidays.
Next Purpose: REPORT
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT (C.R.NO.31)
Both parties and their advocates are absent when called out.
Matter is adjd.to 21-08-2021 for report
Next Purpose: REPORT
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Adv. Upadhyay for plaintiff present.
Exh.2 - Adv. For plaintiff filed application seeking time for serving writ of summons.
O. - Time as prayed for is granted.
The matter is adjd for service to 06.10.2021.
Next Purpose: SERVICE
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv. V.N. Joshi for plaintiff present.
Exh.3- Adv. For plaintiff tendered service affidavit. T.O.R.
Service is not proper. Plaintiff is directed to take further steps.
The matter is adjd for steps to 25.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: None present.
The matter is adjd for taking steps to 25.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: None present.
The matter is adjd for taking steps to 20.12.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: None present.
The matter is adjd for steps to 17.01.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Adv. Ankit Tiwari for plaintiff present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for taking steps to 10.02.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: None Present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for taking steps to 03.03.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv. Ankit Tiwari for plaintiff present. He sought time for taking steps. Time as prayed for is granted.
The matter is adjd for taking steps to 08.04.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Adv. Upadhyay for plaintiff present. He sought time for taking steps. Time as prayed for is granted as a last chance.
The matter is adjd for steps to 14.06.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Adv. Archana Bhor for plaintiff present.
K.B.
L.O. at 03.10 pm.
Adv. B.N. Joshi for plaintiff present.
Adv. For plaintiff tendered draft Ch/sum. Leave to register Ch/sum is granted.
Heard Adv. For plaintiff on draft Ch/sum.
ORDER BELOW DRAFT CH/SUM
Summons to deft. cannot be served on the address known to the plaintiff. Considering the service affidavit filed on record, there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service. Therefore, summons to deft. be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house. Draft Ch/sum is disposed of accordingly and it be registered for statistical purpose.
K.B.
L.O. at 04.15 pm.
Adv. Archana Bhor along with Adv. B.N. Joshi for plaintiff present.
Adv. For plaintiff tendered disposed of registered Ch/sum No.814/22. T.O.R.
The matter is adjd for affidavit of service to 15.07.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. Shivesh Upadhyay for plaintiff present.
None for deft.
Exh.4- Advocate for plaintiff tendered service affidavit t.o.r.
O- As per service affidavit Exh.4 deft. is deemed to be served with writ of summons but he failed to tendered appearance.
The matter is adjd for Ex-parte evidence to 01-08-2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Archana Bhor for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 18.08.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: None present.
The matter is adjd for ex-parte evidence to 15.09.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: P.O. is on half day leave. (First Session)
The matter is adjd for Ex-Parte evidence to 29.09.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Court is vacant. Matter is adjourned to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: The court is vacant. Hence, matter is adjd to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Matter pertains to C.R. No. 14.
Adv. Upadhay for plaintiff is present.
None for defendant.
Plaintiff witness is present.
Exh.05 - Affidavit of examination in chief of plaintiff bank’s Manager namely Brijesh Kumar Singh is filed O- Plaintiff bank’s Manager namely Brijesh Kumar Singh is present before the Court. He admits the contents of affidavit. It is read and recorded.
Exh.06 - List of documents O- Filed.
Following documents were proved in the examination in chief of witness.
Exh.07 - Original of loan application.
Exh.08 - Original of sanction letter.
Exh.09 - Original of letter of undertaking re:loans/ advances.
Exh.10 - Original of particulars of vehicles/Machinery/ Equipment/Livestock, etc., hypothecated.
Exh.11 - Original of deed of hypothecation re:vehicles.
Exh.12 - Original of specimen signature card for borrowal accounts.
Exh.13 - Original of certificate of registration.
Exh.14 - Original of acknowledgment of debt and security.
Exh.15 - Computer generated copy of the statement of the account.
Defendant is absent. Hence, no cross-examination.
Exh.16 - Ld adv for plaintiff filed evidence closing pursis t.o.r. O- R and R.
Case is adjourned for argument to 27-04-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: Matter pertains to C.R. No. 14.
Adv. Shivesh Upadhay for plaintiff is present.
None for defendant.
Court is busy in passing order.
Case is adjourned for argument to 14-06-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Canara Bank vs. Janardhan Dhande.
Matter is received under transfer from Court Room No.14.
Plaintiff called but absent.
Plaintiff argue for next date.
Matter adjourned to 31-08-2023 for exparte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-08-2023
Date: 31-08-2023
Business: Canara Bank Vs Mr. Janardhan B Dhande
Adv. Shivesh Upadhayay present for plaintiff.
He is seeking oral adjourned for arguments.
Matter adjourned to 26.09.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Canara Bank Vs Mr. Janardhan B Dhande
Plaintiff side called, but absent.
Parties to take steps regarding evidence. Else, put for necessary order.
Matter adjourned to 07.10.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: Canara Bank Vs Mr. Janardhan B Dhande
Adv. Shivesh Upadhayay present for Plaintiff.
FRSR following order is passed
ORDER
1. Commercial Suit No. 100506 / 2021, Canara Bank - Janardhan B. Dhande, is partly allowed with proportionate cost.
2. The defendant, within three months from the date of this Order, shall pay Rs. 3,61,245.50/- (Rs. Three Lakhs Sixty One Thousand Two Hundred Forty Five and Fifty Paise Only) to the plaintiff with interest @ 6 percent per annum from the date of filing of the Suit till its realization.
3. Court fee, if any, be refunded to the plaintiff as per rule.
4. Decree be drawn up accordingly.
5. Judgment pronounced in Open Court.
6. Both plaintiff and defendant be informed about their right to challenge this Judgment and period of limitation for it.
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: 07-10-2023