Date: 22-07-2019
Business: Adv. Mahesh Chandanshive for plaintiff present.
Ld. counsel for the plaintiff seeks extension for service of writ of summons. Time is extended. Issue writ of summons to the defendant.
Adjourned for affidavit of service of writ of summons to 16.8.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Ld. advocate for plaintiff seeks extension of time for service of writ of summons. Time is extended.
Adjourned for affidavit of service to 11.10.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: Adv. Chandanshiv for plaintiff present.
None present for defendant.
The Ld. Advocate for the plaintiff seeks time for extension of writ of summons. Time is extended.
Adjourned for affidavit of service to 2.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. Mr. Chandanshiv for plaintiff present.
None for defendant.
Ld. counsel for plaintiff seeks time for extension of writ of summons.
O. - Time is granted.
The matter is adjd for affidavit of service to 07.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Presiding Officer is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Mr. Mahesh Chandanshiv for plaintiff present.
None for deft.
Adv. for plaintiff filed affidavit of service. T.O.R.
None present for defendant. Put the matter for order.
The matter is adjd for order to 27.01.2020.
Next Purpose: ORDER
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: None present.
Plaintiff has filed service affidavit on previous date.
It discloses that deft. no.1 and 2 are duly served but the deft. no.1 and 2 failed to appear in the matter hence suit to proceed ex-parte against them.
The matter is adjd for ex-parte evidence to 07.02.2020.
L.O.
Adv. Mahesh Chandanshiv for plaintiff present.
The matter is already adjd for ex-parte evidence to 07.02.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Ld. counsel for plaintiff seeks time to adduce evidence. Granted.
The matter is adjd for evidence to 25.02.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Court is on leave
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: None present for plaintiff.
The matter is for evidence. Put it for dismissal order.
The matter is adjd for dismissal to 16.03.2020.
L.O.
Adv. Chandanshiv for plaintiff present.
Ld. counsel for plaintiff seeks time to adduce evidence. Granted as last chance.
The matter is adjd for evidence to 16.03.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Advocate for plaintiff is present and requested short adjournment. Request is allowed.
None present for defendant.
Adjourned for (ex-parte) evidence of plaintiff to 31.03.2020.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 03.11.2020.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 20.01.2021.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 11-02-2021 for evidence (ex-parte)
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv. Mr. Mahesh Chandanshiv for plaintiff present.
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.2- 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.3- 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.4- 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 25-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: None for plaintiff.
Matter is adjd.to 02-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. Amol G. Mane h/f Adv. Mahesh Chandanshiv for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 15-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present and filed application for extension of time to carry out amendment as per order 10-03-2021 t.o.r. and marked as Exh.5 - allowed as prayed. Amendment be carried out as per order in draft C/S Exh. 2 passed on 10-03-2021 today itself.
Kb
15-03-2022
amendment is carried out accordingly.
Lo in Com SU 35/19
Adv. Mahesh Chandanshiv for plaintiff along with witness
Kumar Kumud Ranjan present and filed evidence affidavit
of witnessKumar Kumud Ranjan t.o.r. and marked as Exh. 6
He also filed statement of truth in support of the plaint t.o.r.
and marked as Exh.7
He also filed affidavit to issue certificate u/s 65 B of the
Evidence Act t.o.r. and marked as Exh.8
He also filed list of documents t.o.r. and marked as Exh.9
Oath is administered to witness Kumar Kumud Ranjan . He stated on Oath that evidence affidavit Exh.6 bears his signature and contents therein are correct. He also proved documents filed with list Exh.9 and they are Exhibited as under -
Exh. 10 - Photo copy of power of attorney dtd. 01-04-2016.
Exh. 11 - Loan application dtd. 08-10-2015.
Exh. 12 - Sanction letter dtd. 08-10-2015.
Exh. 13 - Hypothecation agreement dtd. 08-10-2015.
Exh. 14 - Confirmation of delivery of vehicle dtd. 08-10-2015.
Exh. 15colly - Copy of RTO record of the vehicle.
Exh. 16 colly - Valuation report dtd. 24-04-2018 with notice of sale of vehicle dtd. 16-05-2018 and notice of sale of vehicle by public auction dtd. 08-05-2018.
Exh. 17 - Original letter dtd. 16-05-2016.
Exh. 18 colly - Office copy of notice dtd. 18-09-2018 with two postal receipts and two acknowledgments.
Exh. 19 colly - Mediation form dtd. 04-02-2019 and non starter report dtd. 10-04-2019.
Exh. 20 - Statement of account.
Exh.21-Certificate u/s 2(a)of the Bankers Book Evidence Act.
Exh.22-Certificate u/s 2(b)of the Bankers Book Evidence Act.
Exh.23-Certificate u/s 2(c)of the Bankers Book Evidence Act.
Exh. 24- Certificate of notional interest of NPA account.
Exh. 25 - Evidence close pursis filed by the plaintiff -seen.
Matter is adjd.to 28-03-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv. Kishori Tribhuwan for plaintiff present and filed adjournment application t.o.r. and marked as Exh.26. - Short date be given.
Matter is adjd.to 04-04-2022 for ex parte argument
(11.00 a.m.)
Next Purpose: ARGUMENTS
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Heard Adv. Mahesh Chandanshiv for plaintiff.
Exh.27 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 35/2019 is decred.
2. The defendants are directed to pay amount of Rs.3,53,325.37/- (Rupees Three Lakhs Fifty-three Thousand Three Hundred Twenty-five and Paise Thirty-seven Only )to the plaintiff with further interest @10.95 percent p.a. with monthly rests from the date of the suit till the date of realization within three months from the date of decree.
3. The defendants shall jointly and severally liable to pay the decretal amount.
4. The defendants shall bear the costs of the suit.
5. Decree be drawn up accordingly
Nature Of Disposal: OTHER
Disposal Date: 04-04-2022