Date: 04-09-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: None present.
Adjd. for writ of summons to 19/12/2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Mahesh Chandanshive for Plaintiff present.
None for defendants.
Adjd. for Writ of summons to 16/1/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Advocate Mahesh Chandanshiv for plaintiff is present and filed service affidavit served on the defendants dated 30.08.2019.
None present for defendant.
Plaint.
V/P
Memorandum of address.
List of documents.
Service affidavit filed by plaintiff.
Adjourned for further orders to 04.02.2020.
Next Purpose: ORDER
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Advocate for plaintiff is present.
Advocate for defendant is present.
As per service affidavit Exh. 05, summons is duly served on defendant. The defendant is absent when repeatedly called out. Hence, this suit proceed ex-parte against the defendants.
Adjourned for (ex-parte) evidence to 17.02.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Advocate Mahesh Chandanshiv for plaintiff is present and requested short adjournment. Request is allowed.
None present for defendant.
Adjourned for evidence of plaintiff to 03.03.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Advocate Mahesh Chandanshiv for plaintiff is present and requested short adjournment. Request is allowed.
None present for defendant.
Adjourned for (ex-parte) evidence to 20.03.2020.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for (ex-parte) evidence to 04.04.2020.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 05.01.2021.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 19-01-2021 for Evidence (Ex-parte).
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: None for plaintiff.
None for defendant
Matter is adjd.to 09-02-2021 for Evidence (ex-parte).
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv. Mahesh Chandanshiv for plaintiff prayed for adjournement.
None for defendant
Matter is adjd.to 10-03-2021 for R/E (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Mr. Mahesh Chandanshiv for plaintiff present.
None for defendant.
Exh.6- Draft ch/s filed by plff, treated as application. In view of RBI notification dtd. 04.03.2020, name of the bank is changed. Hence, amendment is allowed. Plff to carry out the amendment within a week.
Exh.7- Affidavit in support.
Matter is adjd.to 23.03.2021 for R/E (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv. Mr. Mahesh Chandanshiv for plaintiff present.
None for defendant.
Exh.8- Application submitted by plff. for extension of time to carry out amendment- Granted till next date.
Matter is adjd.to 15.06.2021 for evidence (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 07-09-2021 for (ex-parte) evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Both parties are absent.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv. Mahesh Chandanshiv for plaintiff present and prayed for adjournment to lead evidence. - granted.
Matter is adjd.to 23-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Advocate Mahesh Chandanshiv for plaintiff present and
prayed for adjourment. - Granted.
Matter is adjd.to 20-12-2021 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Mahesh Chandanshiv for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 17-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Plaintiff and his advocate absent.
Matter is adjd.to 31-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: None for plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present and filed adjournment application t.o.r. and marked as Exh.9. - short date be given.
Matter is adjd.to 11-03-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. Mahesh Haridas Chandanshiv for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 12-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv. Mahesh Haridas Chandanshiv for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 05-05-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 04-07-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present and sought adjournment.
Adjd for exparte evidence to 12/07/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Kumar kumud Ranjan, witness of plaintiff present.
Exh-10 adv. for plaintiff filed statement of truth. O- Seen
Exh-11 Affidavit of evidence of Kumar Kumud Ranjan filed by adv. for plaintiff. O- Read and recorded in evidence.
Exh- 12 compilation of documents filed by adv. for plaintiff.
Exh-13 Copy of Power of attorney (verified with original, found correct and original returned to plaintiff)
Exh- 14 The original loan application dt. 08.10.2015 and other KYC documents
Exh-15 the original sanctioned letter dt. 26.10.2015
Exh-16 The original composite hypothecation agreement dt. 26.11.2015
Exh-17 The original confirmation of delivery of machinery/vehicle dt. 26.11.2015 and proforma invoice dt. 08.10.2015 and the tax invoice dated 12.10.2015 letter dt. 26.11.2015
Exh-18 the original vehicle information dt 15.01.2016
Exh-19 The original letter dt. 06.10.2017 and letter of surrender of repossession intimation to police dated 07.10.2017 letter dt. 06.10.2017
Exh-20 the original valuation report dt. 20.03.2018 letter dt. 19.04.2018 and by letter dt. 20.04.2018
Exh- 21 colly the copy of letter dt. 19.04.2018 the original letter dt. 20.04.2018
Exh-22 the office copy of legal notice dt. 18.09.2018
Exh-23 The copy of mediation form dated 04.02.2019 and non starter report dt. 10.04.2019 (original is annexed in plaint)
Exh-24 The statement of account.
Exh-25 The certificate under section 2A (a) of the Banker’s Book of evidence Act, 1891
Exh-26 The certificate under section 2A (b) of the Banker’s Book of evidence Act, 1891
Exh- 27 The certiicate of notional interest of NPA accounts
Exh-28 The certificate under section 2A (c) of the Banker’s Book of evidence Act, 1891
Defendant absent. Hence no cross examination of defendant.
Adjd for further evidence of plaintiff to 27/07/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Exh- 29 Evidence closing pursis filed by adv. for plaintiff. T.O.R
Adjd for evidence to 01/08/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present and requested for adjournment.
Adjd for further evidence to 17/08/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Deepika Deshmukh h/f Adv. Chandanshiv for plaintiff present.
Adjd for exparte arguments to 18/08/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Heard arguments of adv. for plaintiff.
Adjd for exparte judgment to 24/08/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Deepika Deshmukh i/b adv. Chandanshiv for plaintiff present.
Exh-30 Judgment.
FRSR the following order Is passed
ORDER
1. Commercial Suit No. 71 of 2019 is decreed with costs.
2. The defendants are directed to pay to the plaintiff jointly and severally an amount of Rs.4,33,674.59ps. (Rs. Four Lakh Thirty Three Thousand Six Hundred Seventy Four and Fifty Nine Paise only) along with future interest at the rate of 12 percent per annum from the date of filing of the suit till realization within 3 months from the date of this order.
3. The defendants shall bear the cost of the suit.
4. Court fee, if any, be refunded to the plaintiff as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 24-08-2022