Date: 07-12-2019
Business: None for plff.
Exh.1-Plaint
Exh.2-VP
Exh.3-Address Memo
Exh.4-List of documents
Plff is directed to serve writ of summons upon defts through Court bailiff.
Adjd for Service to 07.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Time extended till next date for service of writ of summons.
Service through RPAD allowed.
Adjd to 28-02-2020 for service
Next Purpose: SERVICE
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Court is on Half day leave. Hence, board discharged.
Adjd to 31-03-2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
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: SERVICE
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: SERVICE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: As the Court is on leave Board is discharged and the matter stands adjd. to 28/10/20
Next Purpose: SERVICE
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 06/11/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 06-11-2020
Date: 06-11-2020
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 25/11/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
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 18.12.2020 for services.
Next Purpose: SERVICE
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 14.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
None present for plaintiff.
None present for defendant.
Matter adjd to 09-02-2021 for service.
Next Purpose: SERVICE
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.330/2021 received from board department which is already disposed of.
Matter adjd to 02.03.2021 for Compliance.
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.
Issue suit summons to the defendant.
Matter adjd to 20.04.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: None present.
Adj. to 14-06-2021 for report.
Next Purpose: REPORT
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 02.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 19.07.2021 for report.
Next Purpose: REPORT
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 18.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: HHJ is on Leave.
Next Purpose: REPORT
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.15 pm
None present.
The plaintiff has not filed service affidavit regarding writ of summons. Matter adjd for order against plaintiff on 04.10.2021
Next Purpose: ORDER
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Mahesh Chandanshiv present for plaintiff.
None present for defendant.
Exh. 6 Plaintiff filed an application for adjournment time granted as last chance.
Matter adjd to 16-11-2021 for order.
Next Purpose: ORDER
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
The plaintiff filed application for issuance of fresh writ of summons, Exh.7 t.o.r. O-Issue fresh writ of summons.
Matter adjd to 17.12.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv.Mahesh Chandanshiv present for plaintiff.
Adv.Shivaji Yadav present and filed vakalatnama, Exh.8 on behalf of defendant No.1 and 2 t.o.r.
Matter adjd 18.01.2022 to for adjd. for service affidavit and W/st.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: None present for plaintiff.
Adv.Shivaji Yadav for defendants present. He filed written statement, Exh.9 t.o.r.
Matter adjd to 15.02.2022 for admission and denial/affidavit of service by the pltff.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv.Mahesh Chandanshiv for plaintiff present.
Adv.Shweta Raje for defendant present.
Copy of written statement received by the plaintiff with endorsement.
Matter adjd to 11.03.2022 for statement of truth by deft. and admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
KB
LO at 12.31 pm,
Adv.Mahesh Chandanshiv for plaintiff present.
Adv.Shweta Raje for defendant present.
The defendant orally requested time for filing document statement of truth, admission and denial. Parties are directed to file documents relied upon by them in the pleadings on next date without fail. Parties are also directed to file admission and denial.
Matter adjd to 12.04.2022 for admission and denial, statement of truth by the deft.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv. Mr. Chandan Shibe for plaintiff present.
Adv. Ms. Shweta Raje for defendant present.
K.B. for admission and denial by defendant
LO at 12.06 pm.
The plaintiff filed pursis in respect of admission and denial t.or. marked as Exh.10.
The defendant filed statement of truth, t.o.r. marked as Exh.11.
The defendant filed affidavit of admission and denial, t.o.r. marked as Exh.12. Copies of Exh.11 and 12 are received by the plaintiff.
Read the written statement page 18 the defendant has relied upon certain documents but has not annexed same with the written statement. The defendant has directed to produced such documents if any on next date without fail.
Matter adjd to 05-05-2022 for compliance by defendant/Issues.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv. Mahesh Chandanshiv present for plaintiff.
Adv. Mr. Shivaji Yadav present for defendant.
KB
L.O. at 11.28 a.m.
Adv. Mahesh Chandanshiv present for plaintiff.
Adv. Mr. Shivaji Yadav present for defendant.
The defendant tendered list of documents as per roznama dated 12.04.2022. t.o.r. and marked as exh.13. Copy is received by the plaintiff.
Matter adjd to 04.07.2022 for admission and denial of plaintiff/statement of truth by plaintiff.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Adv. Mahesh Chandashiv Present for Plff.
Adv. Shivaji Yadav Present for Deft.
Adv of plff seeks time for filing statement of truth. Last chance is granted.
Adj. For Statement of truth/admission an denial by plff on 12/07/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: None present
KB.
Later on at 12.35 pm.
Adv. Mahesh for plaintiff present.
Adv. Aditya Mandavkar for defendant present.
Exh.14 - Statement of truth filed by plaintiff. TOR.
Exh.15 - Adv. for defendants has filed admission denial on documents of plaintiff.
Case Adjd for hearing on case management schedule on 21/07/2022.
Next Purpose: HEARING
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
Adv. Aditya Madankar Present for Deft.
Heard adv of both parties on case management schedule. Fixed CMS as under.
On or before
Business.
21/07/2022 to 06/8/2022
Draft issues and framing of issues
06/8/2022 to 06/09/2022
Evidence of witnesses of plff. ( Chief and Cross examination)
06/09/2022 to 06/10/2022
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 06/10/2022
Arguments
Adj. For 19/08/2022 for Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
Adv. Aditiya Madagaonkar Present for Deft.
Both praties have not filed draft issues. Heard on the point of framing of issues.
Ex.16 - Issues framed.
Adj. For Evidence on 30/08/2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
Adv. Aditya Mandarkar Present for Deft.
As per officer order No. 179 of 2022 dt. 26/08/2022 PO is busy in Online special programme on “ Speedy disposal ” for Commercial Court Judges conducted by Maharashtra Judicial Academy, Uttan Thane. Hence matter adj. To 21/09/2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Non Present for Plff.
Adv. Aditya Mandavkar Present for Deft.
Adv. Aditya Mandavkar Present for Deft.
LO at 1.25 p.m.
Adv. Mahesh Chandanshiv present for plaintiff.
Exh.17 Advocate of plaintiff has filed chief examination of PW-1 Kumar Kumud Ranjan. Oath given to witness.
Exh.18 Advocate of plaintiff has filed documents with list.
None present for defendant. Heard advocate of plaintiff on the point of marking of documents. Documents marked exhibit as under.
Ex. 19- Original/ photocopy Power of attorney dt. 01.04.2016.
Ex.20 – Loan application dt. 28/07/2016 and other KYC documents.
Ex.21 – Sanctioned letter dt.21/07/2016.
Ex.22 – Original composite Hypothecation agreement dt. 30/07/2016.
Ex.23 – Original confirmation of delivery of machinery/ vehicle dated original proforma invoice dt. 20/06/2016.
Ex.24 – Original valuation report dt. 10/11/2017 and original letters dt. 10/04/2018.
Ex.25 – original lettr dt. 20/04/2018, postal receipt and acknowledgement card.
Ex.26 – The office copy of the legal notice dt. 18/09/2018 and postal receipt and acknowledgement cards.
Ex.27 – The statement of account.
Ex.28 – Certificate under section 2(A)(b) of the Banker\''s Book of Evidence Act, 1891.
Ex.29 – Certificate under section 2(A)(b) of the Banker\''s Book of Evidence Act, 1891.
Ex.30 – The Certificate of Notional Interest of NPA accounts.
Ex.31 – The Certificate under section 2(A)(c) of the Banker\''s Book of Evidence Act, 1891.
Adv of plff undertake to serve copy of plaint and document on the adv of deft.
Adj. For Cross examination of PW-1 on 04/10/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
Adv. Aditya Madagonkar Present for Deft.
PW-1 absent.
Adv of deft contended that yesterday plff served with copy of the chief examination of PW-1 and therefore he is not in position to take cross examination. Adj. Granted as last chance.
Adj. For Cross examination of PW-1 on 19/10/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: None Present for Plff.
Adv. Shivaji Yadav Present for Deft.
KB LO 12.00
Adj. For Cross Examination of PW-1 on 22/11/2022.
LO 12.55 pm.
Adv. Mahesh Chandanshiv Present for Plff.
Adj. For Cross Examination of PW-1 on 22/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
Adv. Aditya Madangaonkar Present for Deft.
PW-1 absent.
Adv of plff contended that PW-1 is hospitalised and therefore he is unable to attend the Court. Adj. Granted.
Adj. For Cross examination of PW-1 on 13/12/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present.
He seeking time to file application for examination of another witness.
Matter adjd to 02-01-2023 for cross examination of PW 1/ filing affidavit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: Adv. Mahesh Chadanshiv Present for Plff.
Adv. Aditya Mandavkar h/f Adv. Shivaji Yadav Present for Deft.
Exh.32- Adv of plff has filed adjournment application. Otherside to say.
Adv of deft has filed say on overleaf of application Exh.32 and contended that case is for evidence since 21/09/2022 and last chance may be granted.
Application is supported by document regarding training of the witness. It is also contended in application that PW-1 is unable to attend the matter due to ill health- TB. It seems that there is reasonable ground for the adjournment. Hence adjournment is granted.
Adj. For Cross examination of PW-1 on 31/01/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Adv Mahesh Chandanshive for plaintiff present.
Adv. Aditya Mandavkar a/w Disha Choursiya h/f Shivaji Yadav for defendant present.
Exh.33 Adv of plaintiff has filed application for filing substitute evidence affidavit on the ground that PW-1 Kumud Kumar Ranjan is not able to attend the court for cross examination. Thus, evidence of PW-1 (Exh.17) stands filed.
Exh.34 Adv of plaintiff has filed chief examination of PW-2 Santosh Kumar Jena Oath given to witness.
Exh.35 Adv of plaintiff has filed authority letter of PW-2 with list. Copy of chief examination PW-2 and authority letter served to otherside.
Exh.36 & 37 Adv of plaintiff has filed application with affidavit for permission to lead secondary evidence. otherside to say. Copy served to otherside.
Exh.38 Adv of plaintiff has filed list without documents.
Case adjd for say on Exh. 36 on 13.02.2023.
Next Purpose: FILING SAY
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: Adv. Mahesh Chandanshiv for plaintiff is present.
Adv. Aditya Mandavkar h/f Adv. Shivaji Yadav for defts is present.
Exh.39 - Adv for defts has filed reply to application Exh.36.
Copy supplied to other side.
Case adjourned for argument on Exh.36 to 28-02-2023.
Next Purpose: HEARING
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Adv. Mahesh Chandanshive for plaintiff present.
Adv. Aditya Mandavkar for defendant is present.
Heard Adv.for both the parties on Exh.36.
Case adjd for order on Exh.36 to 17.03.2023.
Next Purpose: ORDER
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: None for plff.present.
Adv. Aditya Mandavkar for deft.present.
FRSR following order is passed :
ORDER
Application Exh.36 stands rejected.
Case adjourned for cross examination of PW-2 to 30/03/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: Adv. Mahesh Chandanshiv Present for Plff.
Adv. Aditya Madangaonkar Present for Deft.
PW-1 present.
Exh.40- Adv of deft has filed adjournment application on the ground that his younger brother is hospitalized and therefore he is unable to attend the court. Adv of plff has given say on overleaf of this application and contended that appropriate order be passed. Today case is for cross examination of PW-2. He came from Andheri, Branch of the plff. He also contended that he is going to be transferred in May 2023. Considering the above reason for adjournment it is desirable to grant adjournment as a last chance. Hence adjournment granted subject to costs of Rs.700/- to be paid to the plff.
Adj. For Cross examination of PW-2 and costs of Rs.700/- on 08/06/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: Court is on leave. Hence, adjd.to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Adv. Mahesh Chandanshiv present for plff.
Adv. Shivaji Yadav present for deft.
PW-2 absent.
Adv of plff received costs of Rs.700/- from the Ld Adv of Deft.
On oral request of Ld adv of plff adjourned due to absence of PW-2.
Adj. For Cross examination of PW-2 on 25/07/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Adv. Aaditya Mandavkar i/b Corps legal for defendant present.
Advocate for plaintiff filed draft ch/s. along with affidavit. O-Leave is granted to register Ch/s. Copy served to advocate for defendant.
Matter is adj for Ch/s. returnable and reply of deft.
to Ch/s. to 14.08.2023.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: Adv. Mahesh Chandanshiv for plaintiff is present.
None present for defendant.
Learned advocate for plaintiff prayed for time to tender registered chamber summons.
O- Time granted as prayed for.
Matter is adj for Ch/s returnable to 14.09.2023
Later on at 12.50 Hrs.
Adv. Aditya Mandavakar h/f Adv. Shivaji Yadav for Defendant present.
Adv. for plaintiff tendered original registered Ch/s No. 1305/2023.
The learned adv. for defendant gave his hand Written reply on the Ch/s itself.
Heard both the sides.
Kept back for order.
Order below contested Ch/s No. 1305/2023.
The present Ch/s is moved by the plaintiff for substituting the name of its Authorised officer. Earlier, the Authorised officer Mrs. Ashok Salvi was on record but he has been transferred to another branch of the plaintiff Bank which is outside the State of Maharashtra. Thereafter Ms. Shital Doijade has been appointed as Authroised officer of the plaintiff Bank. The Authority Letter Dt. 24.07.2023 issued in her favour is filed on record. The learned Adv. of defendant has opposed the present Ch/s on the ground that this is third application on behalf of the plaintiff for substituting its Authrised Officer/ PW-1. But, in my opinion, as the plaintiff is Bank, its Officers are routinely transferred from one Branch to the another. The plaintiff has shown sufficient cause for substitution of its Authorised officer and consequent amendment in the plaint. Hence, the present Ch/s is hereby allowed. The plaintiff is permitted to substitute the name of Ms. Shital Doijade in the place of Mr. Ashok Salvi as the Authorised officer of the plaintiff Bank. Plaintiff to carryout the necessary amendment accordingly. Ch/s NO. 1305/2023 is hereby disposed off.
Matter is adj for compliance to 14.09.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: Adv. Mahesh Chandanshiv for plaintiff is present and submitted copy of amended plaint. TOR marked as Exh. 1/1. Copy be served to the other side.
Exh.41 - Ld. adv of plaintiff filed evidence affidavit.
Witness PW-1 Mrs. Shital S. Doijade.
Adv. Shivaji Yadav for def. is present.
Oath is given to the witness.
KB.. L.O at 01.35 p.m.
Same appearance of ld. adv of plaintiff.
Adv. Shivaji Yadav for def. is present.
The earlier authorized officers of the plaintiff bank were transfer therefore, the name of present witness is substituted as the authorized officer of the plaintiff. The ld. adv of plaintiff has not pressed the earlier evidence affidavit filed at Exh. 17 and 34. Today the copy of Evidence Affidavit Exh. 41 has been supplied to the other side. Therefore, matter is adjourned for cross examination of PW-1.
Matter is adj for cross examination of PW-1 to 19/10/2023 at 01.00 p.m.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: Adv. Mahesh Chandanshiv for plaintiff is present.
KB till 01.00 p.m.
L.O at 01.35 p.m.
Adv. Mahesh Chandanshiv for plaintiff is present.
Adv. Shivaji Yadav for def. is present.
Witness PW-1 is present.
Exh. 42 - Ld. adv of plaintiff filed pursis a/w original Authority Letter in favor of PW-1. TOR the Authority letter is marked as Exh. 43.
Cross examination of PW-1 is commeced and completed.
Exh. 43- Evidence closure pursis by plaintiff.
Matter is adj for R/E P.H to 31/10/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: None for plaintiff.
Adv. Aditya Mandavkar h/f Adv. Shivaji Yadav for deft. is present and orally requested to KB the matter for filing draft NM.
KB...L.O at 12.45 p.m.
Same appearance for def.
None present for plaintiff.
Ld. adv of def. tendered draft Notice of Motion a/w affidavit in support. O- Leave granted to register it. Copy be served to the other side.
He presented affidavit of evidence of DW-1 a/w compilation of documents.
Matter is adj. for NM returnable to 24/11/2023.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-11-2023
Date: 24-11-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: HHJ is on leave. Hence adjd.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Mahesh Chandanshiv for plaintiff is present.
Adv. Aditya Mandavkar h/f. Shivaji Yadav for def. is present and tendered registered NM No.4111 of 2023.
Learned advocate of plaintiff filed reply affidavit.
Copy served to the other side.
Heard both the sides.
Matter is adj. for Order on NM 4111-2023 to 01/02/2024.
Next Purpose: NM ORDERS
Next Hearing Date: 01-02-2024
Date: 01-02-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present.
Adv. Aditya Mandavkar for def. is present.
Following order is passed in NM No. 4111/2023
For the reason separately recorded.
Operative part of order.
1. Notice of Motion No.4111 of 2023 in Commercial Suit No.182 of 2019 is hereby allowed subject to payment of costs of Rs.5,000/-(Rupees Five Thousand Only) to be paid to the plaintiff by the defendants till next date.
2. After compliance of the above condition, the list of witnesses, the affidavit of evidence in lieu of Examination-in-Chief of the defendant\''s witnesses and the list of documents alongwith the original or true copies of the defendant\''s documents shall be taken on record.
Matter is adj. for compliance to 02/03/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present.
Adv. Aaditya Mandavkar for def. is present.
Ld. adv of defendant paid costs of Rs. 5000/- to the other side as per order dt. 01.02.2024 passed in NM No. 4111/2023.
ORDER :-
The list of witnesses is marked as Exh. 44.
The affidavit of evidence of DW-1 marked as Exh.45
The list of documents marked as Exh. 46.
Matter is adj. for inspection of documents to 02/04/2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present and submitted that his client is not available today therefore, plaintiff may kindly be granted time for filing affidavit of admission and denial. O-Time granted to the last chance to the plaintiff.
Witness DW-1 is present.
None present for defendant.
Matter is adj. for admission and denial to 22/04/2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present.
Adv. Aditya Mandavkar h/f Adv. Shivaji Yadav for def. is present.
Exh. 47 – Affidavit of admission and denial filed by ld. Adv of plaintiff. Copy is served to the other side.
Matter is adj. for recording evidence (hearing on marking of documents) to 20/06/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present.
Ld. adv of defendant is absent.
DW-1 is present.
KB.. Later on 01.15 p.m.
Same appearance for ld. Adv of plaintiff.
Adv. Shivaji Yadav for defendant is present.
Heard both the sides on marking of documents filed by the DW-1 alongwith his evidence affidavit.
ORDER: The document no. 1 i.e. quotation dt. 13.09.2016 allegedly issued by the defendant to L & T Company was filed alongwith the W.S. but there is no pleading of defendant regarding the said document hence, the said document can not be marked as exhibit and read in evidence. The document no. 2 i.e. the details of scheme of Credit Guarantee Fund for Micro and Small Enterprises (CGTMSE) is also not mentioned in the pleadings of the defendant hence, it also can not be marked as exhibit and read in evidence.
ORDER : On oral request of ld. Adv of plaintiff, adjourned for cross examination of D.W.-1.
Matter is adj. for recording evidence to 08/07/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: Court is on leave today. Hence matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present through V.C and orally requested time for cross examination of defence witness. O-Time granted as prayed for as last chance.
Adv. Shivanji Yadav for def. is present.
Matter is adj. for recording evidence to 02/09/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: Court is Vacant. Hence adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: Court is vacant hence adj. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: Court is vacant. Hence, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: Parties are absent.
Adv. Mahesh Chandanshiv for plaintiff is present.
Adv. Aaditya Mandavkar for def. is present.
Joint settlement has been made by both the advocates that the one time settlement (OTS) is going on and one installment has been already paid by the defendant to the bank. It is also pointed out by ld. Adv. of plaintiff as per OTS scheme defendant has to clear OTS amount within the period of 3 months from the date of sanctioned of OTS hence, the matter is adjourned to place on record OTS documents.
Matter is adj. for filling OTS documents to 24.01.2025.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 24-01-2025
Date: 24-01-2025
Business: Plaintiff is absent.
Adv. for plaintiff is absent.
Adv. for def. is absent.
However proprietor of deft Kiran Anoop Bedi is present and tendered OTS documents at Article A
Matter is adj. to 17.02.2025.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 17-02-2025
Date: 17-02-2025
Business: None present.
KB
Later on at 12.55 p.m.
Second call.
None present. Hence matter is kept for dismissal in second session.
Matter is adj. for dismissal to 28.02.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 28-02-2025
Date: 28-02-2025
Business: The present suit is more then 5 yrs age.
Adv. Mahesh Chandanshiv present for plaintiff.
Adv. Adittya Mandavkar present for defendant.
Representative of Plaintiff bank Ms. Sheetal Doijade is present and filed withdrawal application. TOR marked as Exh.- 48.
O- Verified authorized officer hence, allowed to withdraw only.
Representative of defendant no.2 husband Mr. Anoop Mohanlal Bedi is present and also informed that the matter is settled out of the Court.
1. I verified the parties present before Court today who equivocally informed that the matter is settled under the scheme of OTS finally and the OTS sanctioned letter at Exh. A Dt. 30.12.2024 a/w statement of account hence, the suit is allowed to withdrawn hence, disposed off as withdrawn accordingly.
2. Recently, the Honble Appex Court has ruled that if the matter is settle out of Court there will be no refund of Court fees hence, prayer ‘b’ about refund of Court fees is rejected.
3. Proceeding closed.
4. Record and proceeding be sent to record room forthwith.
Nature Of Disposal: WITHDRAWL
Disposal Date: 28-02-2025