Date: 19-08-2019
Business: Court is vacant hence, board is discharged.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. Sanjay Uppadhyay for plff present.
Plaint
VP
Address Memo
List of documents
Advocate for plff tendered draft Ch/s for amendment in the name of plaintiff and prayed for leave. Leave as prayed is granted.
Heard advocate for plaintiff on the said draft ch/s and on perusal of the same it appears that he wants to correct the name of plaintiff from Dena Bank to Bank of Baroda as mentioned in schedule. Admittedly the earlier plaintiff Dena Bank has merged in to Bank of Baroda. Under such circumstances the amendment suggested appears to be of technical nature and it will not change the nature of suit. Hence the draft Ch/s stands allowed in terms of prayer clause(a). Plaintiff to carry out the amendment as per schedule stipulated period. No order as to cost. Draft Ch/s be registered for statistical purpose.
After carrying out amendment plff is directed to writ of summons upon defendant through court bailiff.
Adjd for Compliance and Service to 02.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. Shukla for plff present.
Advocate for plff is directed to tender registered Ch/s on record.
Amendment is carried out, hence last chance is granted for service of writ of summons upon defendants through Court bailiff to 06.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Adv. Sanjay Upadhyay for plaintiff present and tendered affidavit of service upon the defendant and also tendered and tendered original registered C/S No. 2155/19 along with affidavit in support.
Defendant no. 2 presnt
None for defendant no. 1.
Adjd to 21-02-2020 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Karuna Adangale for plaintiff present.
None for defendants.
Defendants no.1 and 2 have failed to file WS. Hence, Suit will proceed without WS.
Adjd to 03-03-2020 for case management hearing
Next Purpose: HEARING
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: None for plaintiff.
None for defendants.
LO
Adv. Karuna Adangale for plaintiff present.
On oral request of Ld. Adv. for plaintiff adjournment granted as last chance.
Adjd to 18-03-2020 for Case management hearing.
Next Purpose: HEARING
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Adv. Ms.Karuna Adangale for plaintiff
Adv.for defendant absent.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 04/04/2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: HEARING
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: HEARING
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Next Purpose: HEARING
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 01-10-2020
Date: 01-10-2020
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 20.10.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 20-10-2020
Date: 20-10-2020
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.136/2020 dtd.30/9/2020 of this Court.
Matter adjd to 4/11/2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-11-2020
Date: 04-11-2020
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 hearing.
Next Purpose: HEARING
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 14.12.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv. Ms. Adangale for plaintiff present.
In view of order dtd. 21.02.2020 Suit is proceeded without written Statement. However plaintiff fail to tender evidence alongwith statement of truth before lockdown.
Today also plaintiff fail to comply procedure of Commercial Court Act.
Suit is kept for Order.
Adjd to 05.01.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Plaintiff present.
Defendant absent.
Adv. Karuna for plaintiff present.
Adv.for defendant absent.
Affidavit of examination in chief.
List of documents.
Statement of Truth.
Matter adjd to 15.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: CA of plaintiff present.
Adv. K.D.Shukla for plaintiff present.
ORDER PASSED BELOW EXH.06
The document annexed with this list are exhibited formally. Its evidenciary value will be considered at the time of final argument.
In view of order below Exh.06 the document annexed with list Exh. 06 are exhibited.
Copy of sanction Letter dated 09/12/2016.
Original Demand Promissory Note dated 19/12/2016 for Rs. 6,69,000/-
Original agreement of Hypothecation (to secure motor trucks and other transport vehicles with spares accessories, tools etc.) dated 19/12/2016
Original Letter of General lien and set-off for borrowing arrangements from the Borrowers dated 19/12/2019
Statement of Accounts
Banker\\\''s Certificate.
Application to withdraw of original power of attorney of bank officer O- Allowed.
Matter adjd to 19-01-2021 for steps by plaintiff.
LO per Court
The original copy of the power of attorney is already returned back to the advocate of the plaintiff. though there is order below Exh.14
(Allowed) The document i.e. the copy of the power of attorney is not verified from the original by the Court.
Matter adjd to 19-01-2021 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Plaintiff present.
Adv.Karuna Adangale for plaintiff present.
None present for defendant.
Application to take on record the original Power of Attorney, Exh.15
Original Power of Attorney filed. It is at Exh.16.
Matter adjd to 25.01.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 16.02.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: BY PRECIPEE
Adv.Karuna Adangale for plaintiff present and filed application for matter taken on today\''s board, Exh.17. O-Allowed.
Application to take on record the certified copy of Power of Attorney of Bank Officer, Exh.18 t.o.r.
Application to withdraw original Power of Attorney of Bank Officer, Exh.19 t.o.r.
ORDER BELOW APPLICATION EXH.19
The Power of Attorney of the witness Shri. Thakur Manish Singh, the employee of Bank of Baroda was examined as witness on 05.01.2021. He had produced original Power of Attorney, Exh.16 alongwith his evidence.
Today, the certified copy of Power of Attorney, Exh.18 is filed by the advocate of plaintiff. Vide Exh.19, the Ld.Advocate seeks return of original Power of Attorney. It is orally submitted that the Power of Attorney is required to be tendered in other Court proceedings. Hence, in circumstances it would be appropriate to return the Power of Attorney to the Ld.Adv.of the plaintiff, after putting exhibit number on the certified copy of the Power of Attorney, (Exh.16 original power of attorney) tendered in the Court. The original Power of Attorney be returned back to the plaintiff. The plaintiff to undertake to produce the original Power of Attorney as and when directed by Court. Put up on date fixed.
Undertaking filed by Adv. of plaintiff t.o.r. O-filed.
Matter already adjd to 16.02.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv.Sanjay Upadhyay for plaintiff present.
None present for defendant.
Evidence closure pursis, Exh.21 filed by Adv. of plaintiff t.o.r.
O-Granted.
Matter adjd to 17.02.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv.Sanjay Upadhyay for plaintiff present.
None present for defendant.
One document at Sr. No.5 with List Exh.6 remained to be exhibited
inadvertently. It is exhibited today and marked as Exh.22.
Copy of plaintiffs Advocates letter dated 19.03.2019, Exh.22.
Heard final argument of Adv.Sanjay Upadhyay.
KB
LO
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is decreed with costs.
2. The Defendants are directed to pay to the plaintiff a sum of Rs.4,26,901.33/- (Rupees Four Lakhs Twenty Six Thousand Nine Hundred One and Thirty Three Paise Only) with further interest at the rate of 10.30 percent with monthly rests from the date of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 17-02-2021