Vijaya BankVsAppa Tours and Travels +1 more

Date: 17-07-2019
Business: Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: By precipee.
Adv. Ms. Amruta Athawale for Plaintiff present.
Adv. for Defendant present.
Exh.1- Plaint.
Exh.2- Vakalatnama
Exh.3- Address Memo
Exh.4- List of documents.
Exh.5- Application filed by plff. for extension of time to serve writ of summons.- Granted.
Matter is adjd. for writ of summons on 16.10.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Adv. Ms. Amruta Athavale for Plaintiff present and filed service of affidavit, according to postal endorsement summons is unclaimed by defendant, it is prayed for    Ex-party order.
Plaintiff to serve the summons through bailiff.
None for defendant.
Matter is adjd. to 11.12.2019 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: Court is on Leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: Advocate Amruta Athawale for plaintiff is present.
None present for defendant.
Adjourned for writ of summons to 20.01.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Advocate Amruta Athawale for plaintiff is present and filed service affidavit at Exh. 06. Service not properly served on the defendants. Advocate for plaintiff seeks short adjournment for taking the steps. Request is allowed.
None present for defendant.
Adjourned for service of writ of summons to 03.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Advocate Amruta Athawale for plaintiff is present and filed application for substitute service through paper publication at  Exh. 07.
O- Allowed.
None present for defendant.
Adjourned for writ of summons to 03.03.2020.
                                                                               Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Advocate Amruta Athawale for plaintiff is present and filed affidavit of service at Exh.08.
None present for defendant.
Adjourned for appearance to 02.04.2020.
                                                                               Judge
Next Purpose: FOR___________________
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR___________________
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR___________________
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 03-07-2020

Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 15-07-2020

Date: 15-07-2020
Business: National Lockdown
Next Purpose: FOR___________________
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Business: National Lockdown
Next Purpose: FOR___________________
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for appearance to 12.10.2020.
Next Purpose: FOR___________________
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on Exh. 08 to 22.12.2020.
                                                                                Judge
Next Purpose: HEARING
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on Exh. 08 to 15.01.2021.
                                                                                Judge
Next Purpose: HEARING
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 17-03-2021 for hearing on Exh. 8
Next Purpose: HEARING
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv. Ms. Amruta Aathawale for plaintiff, prayed for ex-parte order. Perused postal endorsement vide Exh.6, intimation was given to deft. Perused bailiff report on Exh.6-A.  In view of Exh.8 summons is published in news paper Tarun Bharat.  Suit to proceed Ex-parte.
None for defendant.
Matter is adjd.to 08.04.2021 for evidence (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Adv. Amruta Athavale for plaintiff present.
Exh.9 Draft Ch/s is treated as application, as suit is exparte - In view of RBI Gazette dated 2.01.2019, name of the plaintiff bank is changed plaintiff to carry out the amendment within two weeks. No order cost.
Exh.10 Affidavit in support.
Defendant exparte.
Matter is adjd.to 10.06.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Adv.  Amruta Athavale for plaintiff present. She sought 15 days time to carry out amendment in the plaint. Time is granted as a last chance.
None for defendant.
Matter is adjd.to 28-06-2021 for hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Plaintiff and his advocate absent.
Matter is adjd.to 25-08-2021 for Amendment in the plaint as per Exh.9
Next Purpose: FOR___________________
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: None for plaintiff.
Matter is adjd.to 05-10-2021 for amendment in plaint as per
order passed on Exh.9
Next Purpose: FOR___________________
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None for plaintiff.
The plaintiff fail to carry out amendment as per order on Exh.
9. He also failed to lead ex parte evidence.  Hence, case is kept
for dismissal order.
Matter is adjd.to   16-11-2021 for Dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: None for plaintiff.
In this suit, the plaintiff and his adv. are absent since long. The plaintiff did not carry out amendment as per order on Exh. 9 and he did not take steps for service of writ of summons upon the defendant. Hence, Commercial Suit No. 22/19 is dismissed in default under Order IX Rule 2 of the C.P.C..
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 16-11-2021

Filing Number: 104821/2019
Filing Date: 20-04-2019
First Hearing Date: 17th July 2019
Decision Date: 16th November 2021
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE