Date: 22-07-2019
Business: None present.
Adv.for plaintiff absent.
Failed to take steps to remove objection absent today. Hence, keep for order on next date.
Matter adjd to 29.08.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Mahesh H. Chandanshiv for plaintiff present.
Adv. for defendant absent.
KB.
KO.
Advocate for plaintiff tender application for extension of time - Allowed. Issue writ of summons.
Matter adjd to 18.10.2019 for compliance and affidavit in service.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Mahesh Chandanshiv for plaintiff present.
Adv.for defendant absent.
Matter adjd to 28.11.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Mahesh Haridas chandanshiv for plaintiff present.
Adv.for defendant absent.
As court is busy in dictation in Sessions matter.
Matter adjd to 13/1/2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Mahesh Haridas Chandanshiv for plaintiff present.
Adv. for defendant absent.
Matter adjd to 28.02.2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Adv.Mahesh for plaintiff present.
None for defendant
Plaintiff failed to file affidavit of service- Hence, suit is kept for further order.
Matter adjd to 16.03.2020 for further order.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: None present. KB
Call at 11.46 am
Adv. Chandanshiv for plaintiff present and filed affidavit of service.
Matter adjd to 3/4/2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 14.10.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Court is on leave. Matter adjd to 02.11.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 09/11/ 2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 23/11/ 2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 07/12/2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None for palintiff.
None for defendant.
Matter adjd to 14.12.2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 06.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 25.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 09.02.2021 for Recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
Service report not filed.
Matter adjd to 16.02.2021 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
KB
LO
Adv.Mahesh Chandanshiv for plaintiff present.
Draft chamber summons a/w. affidavit of draft chamber summons filed by Adv.of plaintiff t.o.r. O-Leave granted to register draft chamber summons.
Heard Ld. Adv. for the plaintiff. The contentions in the chamber summons that the suit was filed initially in the name of Syndicate Bank. The Syndicate Bank now amalgamated with Canara Bank. It is the case of the plaintiff that the Syndicate Bank now functions as Canara Bank. The plaintiff accordingly has sought to amend the plaint. It needs to be mentioned that the defendant is not served the suit summons yet. The amendment would not prejudice the defendant. In the interest of justice the amendment is to be allowed.
ORDER
1. The draft chamber summons is allowed.
2. The plaintiff is directed to carry out the amendment within two weeks from today.
3. Draft chamber summons be disposed of.
4. Draft chamber summons be registered for statistical purpose.
Matter adjd to 02.03.2021 for Compliance.
LO
Registered Chamber Summons No.327/2021 received from board department which is already disposed of.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application, Exh.5 for extension of time to carry out amendment t.o.r.
O-Time granted till 23.03.2021 to carry out the amendment.
Matter adjd to 23.03.2021 for amendment.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv.Mahesh Chandanshive for plaintiff present.
None present for defendant.
Affidavit of service, Exh.4 already filed. Defendant not served. Plaintiff to take steps.
Matter adjd to 08.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None present.
Matter adjd to 30.04.2021 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 24.06.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 3.7.2021 for Steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: PO is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 5.00 p.m.
None present.
Matter is adjd to 31.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.35 pm
None present.
Matter adjd to 28.09.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv.Sandip Barve i/b.Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
(As Court is busy in hearing argument in NM No.2017/21 and dictating judgment in Commercial SU No.144/21 and Commercial SU No.147/21, hence, board is discharged.)
Matter adjd to 22.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
The plaintiff submits that he wants to file chamber summons for substituted service of summons. Hence, adjd for steps/filing chamber summons to 23.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv.Mahesh H.Chandanshiv for plaintiff present.
None present for defendant.
On oral request of plaintiff kb.
LO at 01.09 pm,
Adv.Mahesh H.Chandanshiv for plaintiff present.
The plaintiff tendered draft chamber summons for service by paper publication a/w. affidavit in support.
O-Leave granted to register draft chamber summons.
Heard the Ld.Adv.for the plaintiff. Following order is passed.
ORDER ON DRAFT CHAMBER SUMMONS
This chamber summons is taken out by the plaintiff requesting to pass order permitting the plaintiff to serve the suit summons by way of substituted service on defendant No.1 and 2 by publishing the same in the newspaper. Heard the Ld. advocate for the plaintiff. Gone through the affidavit of service Exh.4, the envelopes Exh.B and Exh.C bears endorsement as \''left\''. There is no likelyhood that the defendants will be found at their addresses within reasonable time. There is no agent empowered to accept the service. Hence, on the said addresses of the defendants the service of summons can be effected by pasting in addition to the paper publication. Hence, I passed the following order.
ORDER
1. Draft chamber summons is allowed as follows -
(a) Suit summons be served on the defendant No.1 and 2 by affixing the copy thereof on the outer door or some other conspicuous part of the house where the defendants carries their business or work for the gain. The suit summons shall also 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 paper publication.
2. Draft chamber summons is disposed off accordingly. It be registered for statistical purpose.
Matter adjd to 13.01.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 10.02.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: None present.
In view of SOP dated 6.1.2022, matter adjd to 14.03.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Chandanshiv present for plaintiff.
None present for defendant.
The plaintiff filed application for extension of time for service of suit summons. t.o.r. and marked as exh.6 O- Time is extended.
Matter adjd to 28.04.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: PO is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Adv Mahesh Chandanshiv present for plaintiff.
None present for defendant.
Adv of plff seeks time to file service affidavit.
Matter adjd to 07.07.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Mhesh Chandanshive Present for Plff.
None Present for Deft.
Adv of plff seeks time to file affidavit of service. Granted.
Adj. For Service affidavit on 12/07/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: None present.
KB.
Later on at 12.43 pm.
Adv. Mahesh Chandanshiv for plaintiff present.
None present for defendant.
Exh.07 and 8 - Ld. Adv. for plaintiff has filed service affidavit alongwith bailiff report regarding publication of suit summons in Marathi and English newspapers dt.26.04.2022. As per bailiff report defendants to traced at the given address. Hence he could not paste suit summons on the door of defendants.
Case Adjd for order against defendant on 03/08/2022.
Next Purpose: ORDER
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
None Present for Deft.
As per service affidavit Ex.7,8 deft No.1 and 2 are served with suit summons by way of paper of publication in newspaper on 28/04/2022 but till today defts did not appear. Hence suit be proceeded Ex-parte against them.
Adj. For Ex-parte Evidence on 07/09/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Adv. Mahesh Chandanshive Present for Plff and seeks time for adducing evidence. Granted.
Adj. For Ex-parte Evidence on 26/09/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
None Present for Deft.
Ex.09,10- Adv of plff has filed application for leading secondary evidence along with affidavit.
Ex.11 - Adv of plff has filed chief examination of PW-1 Kumar Kumud Ranjan.
PW-1 present oath given to witness.
Ex.12 - Adv of plff has filed compilation of document.
Adv of plff contended that original loan application dt. 06/10/2015 lost and misplaced from the custody of plff bank. Application this supported by the branch manger / PW-1. Matter already proceeded Ex-parte as deft in spite of service of suit summons remained absent. Hence there is no say of plff on this application. Considering the nature of litigation and the reason mentioned for secondary evidence, application Ex.09 stands allowed.
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.12 which are referred in chief examination are marked exhibit as under.
Ex.13 - Copy / photocopy of power of attorney dt. 01/04/2016.
Ex.14 – Copy of laon application dt. 06/10/2015 and other KYC document.
Ex.15 – Sanctioned letter dt. 21/10/2015.
Ex.16 – Original Hypothecation agreement dt. 21/10/2015.
Ex. 17 – Confirmation of deliver of machinery/ vehicles dt. 21/10/2015 and original proforma invoice dt. 09/09/2016, tax invoice dt. 21/10/2015, original letter dt. 21/10/2015 and copies of receipt dt. 18/10/2015.
Ex.18 - Copy of vehicle information dt. 06/01/2016, Copy of certificate of registration dt. 26/10/2015 permit in respect of a particular contract carriage dt. 26/10/2015 and trade certificate dt. 12/03/2015.
Ex.19 – Original valuation reprot dt. 28/06/2018, letter dt. 27/20/2018, notice dt. 16/05/2018, letter dt. 24/09/2018 addressed to its seizure agents and by letter dt. 24/09/2018.
Ex.20 – The original letters dt. 08/10/2018, postal receipt and acknowledgement card.
Ex.21 – copy of the legal notice dt. 08/10/2018 and postal receipt and acknowledgement cards.
Ex.22 – The statement of account.
Ex.23 – The Certificate under section 2A(b) of The Banker’s Book of Evidence Act, 1891.
Ex.24 - The Certificate under section 2A(a) of The Banker’s Book of Evidence Act, 1891.
Ex.25 – The Certificate of Notional Interest of NPA Account.
Ex.26 – The Certificate under section 2A(c) of The Banker’s Book of Evidence Act, 1891.
Suit is ex-parte, hence, no cross.
Ex.27- Adv of plff has filed affidavit under section 65- B of Evidence Act.
Ex.28 - Adv of plff has filed evidence closure pursis.
Heard argument adv of plff.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant Nos. 1 and 2 are jointly and severally directed to pay to plaintiff the amount of Rs.4,53,034/-.
3. the defendant Nos. 1 and 2 are jointly and severally directed to pay to plaintiff the interest @ 20 % p.a. on principal sum of Rs.2,36,865/- from the date of suit till realization of the said amount.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 26-09-2022