Date: 20-09-2021
Business: Adv.Jyotsna Putharan for plaintiff present.
None present for defendant.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
The plaintiff submits that report of summons is awaiting, hence, adjourned for filing service affidavit.
Matter adjd to 14.10.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv.S.B.Sule i/b.M/S.Sanjeev Kanchan and Co. for plaintiff present.
None present for defendant.
Plaintiff submits that report is awaiting. Adjd for filing affidavit of service on 15.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv.Anu R. Naik h/f.M/s.Sanjeev Kanchan and Co. for plaintiff present.
None present for defendant.
The plaintiff filed service affidavit, Exh.5 t.o.r.
Matter adjd to 17.12.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv.Jyotsna Puthran i/b.Sanjeev Kanchan and Co. for plaintiff present.
None present for defendant.
KB
LO at 01.27 pm,
Adv.Jyotsna Puthran i/b.Sanjeev Kanchan and Co. for plaintiff present.
The plaintiff filed application for service of suit summons, Exh.6 through bailiff. O-Allowed to serve suit summons through bailiff at Mumbai address of the defendant.
Matter adjd to 25.01.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: P.,O. is on leave hence, matter adjd. to 7/2/2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per office order 27 of 2022 holiday declared.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Adv.Anu Naik for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application for extension of time for service of suit summons t.o.r. and marked as Exh.7.
O-Time is extended for service of suit summons.
Matter adjd to 02.05.2022 for service affidavit
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Adv.Sivoj Sule for plaintiff present.
None present for defendant.
On oral request of plaintiff adjd for service affidavit to 24.06.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Court is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Sivoj Sule Present for Plff.
None Present for Deft.
Adv of plff seeks time to filing service affidavit. - Granted.
Adj. For Service affidavit on 17/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Sivoj Sule Present for Plff.
None Present for Deft.
Ex.08 - Adv of plff filed service affidavit along with bailiff report. It shows that deft did not served with suit summons.
Adj. For Steps against deft on 14/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Adv. Joshna Puthran Present for Plff.
None Present for Deft.
Sr. Manager of plff bank namely Vidyadhar Khandait
Adv of plff filed draft CS along with affidavit for substitute service of suit summons on deft by way of publication in newspaper, pasting of the door of the deft and notice board of this Court. Record shows that suit summons was issued to deft by RPAD but it returned with postal remark “left, not known”. Service affidavit Ex.08 shows that bailiff has not found the deft on the address. Thus, Chamber Summons for substitute service is allowed as under.
1. Suit summons be served on defendant by way of publication in local newspaper which is largely circulated.
2. Simultaneously plaintiff shall serve suit summons on defendant by pasting notice board of this Court, as well as by Email if available to the defendant.
3. Chamber summons be registered for statistical purposes.
Adj. For Service affidavit on 21/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: PO is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Sr. Manager of plaintiff bank(Canara Bank) namely Shri. Vidyadhar S. Khandait present.
None present for defendant.
Exh.9 Representative of plaintiff filed service affidavit regarding pasting of suit summons on the notice board of this court.
Exh.10 Representative of plaintiff filed service affidavit regarding publication of suit summons in newspaper viz. Business Standard and Prathakal dtd.22.9.2022.
However, defendant did not appear till today. Hence, suit proceeded ex-parte against him.
Case adjourned for ex-parte evidence to 7.12.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Adv S. V. Sule h/f Sanjeev Kanchan for plaintiff present.
KB. L.O. at 12.50 pm.
Adv S. V. Sule h/f Sanjeev Kanchan for plaintiff present.
Exh.9 advocate of plaintiff filed chief examination of PW 1 Mr. Vidhadhar S. Khandait Sr. Manager. Oath given to witness.
Exh.10 Adv of plaintiff filed documents with list. Photocopy of these documents were filed by plaintiff with plaint. There is no additional documents. These are original documents except document at sr.no. 15. Hence documents filed with list exhibit are tentatively marked exhibit as under.
Exh.11 Authority Letter dated 09.01.2023.
Exh.12 Application Form dated 31st May, 2015.
Exh.13 Sanction Letter dated 9th June, 2015.
Exh.14 Letter of Undertakings re-Loan / Advance dated 9th June,
2015.
Exh.15 Deed of Hypothecation Re-Vehicle dated 9th June 2015.
Exh.16 Acknowledgement of Debt and Security dated 1.6.2018.
Exh.17 Application Form dated 8th March, 2019.
Exh.18 Sanction Letter dated 8th March, 2019
Exh.19 Letter of Undertakings dated 8th March, 2019.
Exh.20 Debtor- Creditor Agreement dated 8th March, 2019.
Exh.21 Debt Restructuring Agreement dated 8th March, 2019.
Exh.22 Plaintiff Advocate Notice dated 31st January, 2020
Exh.23 Postal Receipt.
Exh.24 Acknowledgement card.
Exh.25 RC Copy
Exh.26 Proforma Invoice dated 16th May, 2015.
Exh.27 Statement of Account.
Exh.28 I. T. Certificate.
Exh.29 Evidence closer pursis filed by advocate of plaintiff.
Case is adjd for argument to 25.01.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Sivoj Sule I/b M/s. Sanjeev Kanchan and Co. Present for Plff.
None Present for Deft.
Heard argument of adv of plff.
Exh. Judgement.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.5,73,200.97 and interest @ 9.45% p.a. + 2% overdue interest on principal sum of Rs.4,37,424.80 from the date of suit till realization of the said amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 25-01-2023