Date: 30-08-2019
Business: Adv. Adangale for plaintiff present. She prayed time to serve the defendant. Time granted.
Matter adjourned to 07.10.2019 for direction
Next Purpose: DIRECTIONS
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: Adv. Karuna Adangale for plaintiff present and filed draft CS along with affidavit. Leave granted to register draft CS.
Matter stands Adj for service of Writ of summons and CS to 04.11.19.
Next Purpose: SERVICE
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Adv. Karuna Adangale for plaintiff present and filed original CS no. 1918/19 along with affidavit.
None present for defendant.
Heard Ld. counsel for plaintiff on CS no. 1918/19. Perused the Gazette Notification dated 02.01.19 showing that there has been merger of plaintiff bank in Bank of Baroda. Hence, it has become necessary for the plaintiff to carry out the amendment in the cause title of the plaint and other consequential amendments in the plaint as per schedule.
In view of the above, as the CS is supported by Gazette Notification dated 02.01.19 and affidavit, the same deserves to be allowed. It is allowed accordingly. Plaintiff to carry out the amendment within two weeks.
Matter stands Adj for compliance to 18.11.19.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Sanjay Upadhyay for plaintiff present.
Adv. for defendant absent.
Issue Wr/sum to the deft.
Matter stands Adj for Wr/sum on 18.12.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Karuna Adangale for plaintiff present and filed original Writ of summons and affidavit of service. She submitted that the defendant has been duly served as per postal acknowledgement Ex-A on 05.12.2019.
The defendant is absent though duly served. Hence, the suit to proceed ex-parte against defendant.
Matter stands Adj for Ex-Parte evidence to 16.01.2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Karuna Adangale for plaintiff present and submitted that today is a first date for Ex-parte evidence and sought time for the grounds submitted before the courts. Short adjournment granted.
None present for defendant.
Matter stands Adj for Ex-parte evidence to 06.02.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Called out at 11.25 am.
Adv. Karuna Adangale for plaintiff present.
None present for defendant.
Keep Back
Later on at 12.10 pm
Adv. Karuna Adangale for plaintiff present and filed adjournment application.
Application for adjournment filed on behalf of plaintiff.
None present for defendant as suit proceeded ex-parte.
Heard Ld. counsel for plaintiff. It is submitted that evidence affidavit is ready, but the concerned bank officer is not present for affirmation. Hence, prayed for short adjournment. Two weeks time granted.
Matter stands Adj for filing evidence affidavit to 24.02.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Called out at 11.07 am
Adv. Karuna Adangale for plaintiff present and filed application for adjournment on the ground that authorised of officer has been transferred and cannot communicate with bank.
Application for adjournment filed on behalf of plaintiff. Adjournment granted.
None present for defendant.
Matter stands Adj for ex-parte Evidence to 03.03.2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv. Karuna Adangale for plaintiff present and filed affidavit of Evidence and List of documents
Affidavit of Evidence TOR.
List of Documents TOR Keep it for hearing on Exhibiting documents on next date at this stage of first case management.
Statement to truth R and R
PW 1 Manoj Kurulkar present.
Adv. for defendant present.
Matter stands Adj for hearing on documents at the stage of first case management on 18.03.2020
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 15.12.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv.Sanjay Upadhay for plaintiff present.
None for defendant.
As per the record the Suit is filed by officer Rahul Prakash Modak. However evidence filed by Manoj Ramchadra kurulkar. However plaintiff bank does not issued any power of attorney to file Suit or depose before the Court.
plaintiff is directed to take necessary steps.
plaintiff fail to file statement of truth alongwith documents.
Plaintiff has directed to file statement of truth as per the procedure of
Commercial Court Act.
Adjd to 20.01.2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Both Parties and their advocates absent.
Matter adjd to 09-02-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv.Karuna Adangale for plaintiff present.
None present for defendant.
Plaintiff and witness absent.
Matter adjd to 17.02.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv.Sanjay Upadhyay for plaintiff present.
None present for defendant.
Matter adjd to 26.02.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Plaintiff present.
Adv. Ms. Karuna Adangale for plaintiff present.
Adv.for defendant absent.
Application for substitute with name of authorized officers filed by Adv. for plaintiff t.o.r. O-Allowed to file fresh evidence.
Affidavit of Manager filed by Adv. for plaintiff. t.o.r. O-Filed.
Matter adjd to 10.03.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv.Karuna Adangale for plaintiff present.
Adv.for defendant
Adv. of plaintiff filed adjournment application, Exh.9 t.o.r.
O-Granted.
Matter adjd to 30.03.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv.Sanjay Upadhyay for plaintiff present. He submits that the witness is unable to attend the Court today. He seeks time.
None present for defendant.
Matter adjd to 16.04.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 26.4.2021 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 15.06.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 21.06.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: None present for Plaintiff.
None present for defendant.
Adjd. for R/E to 23/8/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.40 pm
None present.
Matter adjd. to 07.09.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: PO is on Leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv.Sanjay Upadhyay h/f.M/s.K.D.Shukla and Co. for plaintiff present.
None present for defendant.
(As Court is busy in hearing argument in NM No.2017/21 and dictating judgment in Commercial SU No.144/21 and Commercial SU No.147/21, hence, board is discharged.)
Matter adjd to 13.10.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: None present for plaintiff.
None present for defendant
K.B.
L.O. at 12.47 p.m.
Adv.Sanjay Upadhyay for plaintiff present. He filed statement of truth t.o.r. marked as Exh.10.
The plaintiff tendered affidavit of evidence of Manish Singh Thakur t.o.r. marked as Exh.11
The plaintiff tendered list of documents t.o.r. marked as Exh.12.
True copy of Power of Attorney marked as Exh.13.
K.B.
LO at 1.30 p.m.
Examination-in-chief is completed.
Matter adjd to 23.10.2021 for marking of documents.
Next Purpose: FOR___________________
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: None present for plaintiff.
None present for defendant.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr.No.1 of the list Exh.5 is the copy of sanction letter. It is marked as Exh.14.
2. The document at Sr.No.2 of list Exh.5 is demand promissory note. It is marked as Exh.15.
3. The document at Sr.No.3 of the list Exh.5 is Agreement of Hypothecation. It is marked as Exh.16.
4. The document at Sr.No.4 of the list Exh.5 is letter of general Lien and Set-off. It is marked as Exh.17.
5. The document at Sr.No.5 of the list Exh.5 is notice dated 19.03.2019. It is marked as Exh.18.
6. The document at Sr.No.6 of the list Exh.5 is statement of accounts and at Sr.No.7 is certificate under Bankers\'' Book Evidence Act. They are marked as Exh.19 (colly.)
Suit is ex-parte, hence, no cross.
Matter adjd to 18.11.2021 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.12 pm,
Adv.Sanjay Upadhyay h/f.K.D.Shukla and Co. for plaintiff present.
The plaintiff filed evidence close pursis, Exh.20 t.o.r.
Heard final argument of plaintiff.
Matter adjd to 20.11.2021 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv.K.D.Shukla for plaintiff present.
None present for defendant.
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 defendant do pay to the plaintiff an amount of Rs.3,13,086.69(Rupees Three Lakh Thirteen Thousand Eighty Six and Paise Sixty Nine Only) alongwith interest at the rate of 10.15 percent per annum from the date of filing of this suit till realisation.
3. Decree be drawn up accordingly
Nature Of Disposal: DECREED
Disposal Date: 20-11-2021