Date: 05-02-2019
Business: None present.
Matter adj for direction on 25/04/19.
Next Purpose: DIRECTIONS
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: None present.
Matter is adj 05.08.2019 for directions
Next Purpose: DIRECTIONS
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Matter adjd to 07.10.2019 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: Court is on leave. Matter adjd to 11.12.2019 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: None present.
As court is busy in dictating judgment.
Matter adjd to 05.02.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv.for plaintiff absent.
Adv.for defendant absent.
As court is busy in dictating order in Commercial Suit No. 166/2019 and Commercial Suit No. 155/2019.
Matter adjd to 08.04.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv. Sonawane for plaintiff filed application for issuance of writ of summons.t.o.r.
O- Allowed. Issue summons as prayed.
Adjd to 23-04-2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: None for plaintiff.
The plaintiff is directed to take steps for service of writ of summons upon the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd.to 11-11-2021 for service of writ of
summons.
Next Purpose: SERVICE
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: None for plaintiff.
As the plaintiff did not take steps for service of writ of summons in consonance with orders in roznama dtd. 27-01-2021 and 04-10-2021, matter is kept for dismissal order.
Matter is adjd. to 30-11-2021 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv. Aarti Bhide for plaintiff present and filed application for fresh writ of summons t.o.r. and marked as Exh.2 - allowed as prayed. Issue fresh writ of summons for service upon the defendant.
Matter is adjd.to 20-01-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Adv. Sarita Sonawane for plaintiff present.
Matter is adjd.to 07-03-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: None for plaintiff.
Adv. Shankar Parab alongwith defendant present and filed vakalatnama t.o.r. and marked as Exh.3
Matter is adjd.to 31-03-2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv. Sarita Sonawane for plaintiff present.
Adv. Shankar Parab for defendant present.
Matter is adjd.to 07-04-2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: None for plaintiff.
Adv. Shankar Parab for defendant present and filed written statement with statement of truth t.o.r. and marked as Exh.4
He also filed list of documents t.o.r. and marked as Exh. 5
Adv. Shankar Parab for defendant placed on record copies of Exh.4 and Exh.5 for plaintiff .
Matter is adjd.to 04-05-2022 for admission and denial by
both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: None present when called.
Admission denial not filed by both parties till date.
Adjd for admission denial to 02/08/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Both parties absent when called.
After perusal of roznama it appears that from last four dates both parties have not filed admission denial. Sufficient opportunity is given to both parties but they failed to file admission denial hence matter to proceed further.
Adjd for framing issues to 18/08/2022.
L. O
Adv. Sarita Sonawane for plaintiff present.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Sarita Sonawane for plaintiff present.
Exh-6 Issues framed.
Adjd for case management hearing to 30/08/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Sarita Sonawane for plaintiff present.
None for defendant when called.
Add for case management hearing to 30/09/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Court is on leave
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. Mrs. Aarti Bhide for plaintiff present.
None for defendant when called.
Case management order at Exh- 7
1. Filing list of witnesses - on or before 06/12/2022.
2. Examination-in-chief of plaintiff with original documents - on or before 15/12/2022.
3. Marking of documents - on or before 23/12/2022.
4. Cross examination of plaintiff - on or before 03/01/2023.
5. Evidence of witness of plaintiff – on or before 12/01/2023.
6. Evidence of defendant - on or before 21/01/2023.
7. Cross examination of defendant – on or before 30/01/2023
8. Evidence of witness of defendant – on or before 08/02/2023
9. Written argument of both sides – on or before 17/02/2023
10. Oral argument – on or before 24/02/2023
Adjd for list of witness to 06/12/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv Sariva Sonawane h/f Adv. Aarti Bhide for plaintiff is present.
None for defendant.
As per case management the matter is already fixed on 12-01-2023.
Case is adjourned for R/E to 12-01-2023.
L.O. at 11.58 am
Plaintiff - witness is present. Oath is administrate to the plaintiff.
Exh.07 – Affidavit of examination in chief of plaintiff Yasmin Bhanu is filed O- Plaintiff bank’s branch officer namely Yasmin Bhanu is present before the Court. She admits the contents of affidavit. It is read and recorded.
Exh.08 - List of documents O- Filed.
Plaintiff is directed to serve copy of affidavit and document to the defendant.
Case is adjourned for marking document to 12-01-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv Sarita Sonawane h/f R.P. Dubey for plaintiff is present.
None for defendant.
KB L.O. at 1.30 pm
Plaintiff is present. Oath is administered to the plaintiff.
Plaintiff bank’s branch officer namely Yasmin Bhanu is present before the Court. She admits the contents of affidavit and documents filed alongwith list Exh.08.
In view of affidavit of plaintiff bank branch manager the documents are marked as Exhibited.
Exh.09 - Application Form for Loans To Micro & Small Enterprises (MSEs) dated 15.12.2015.
Exh.10 - CIBIL record of the Defendant.
Exh.11 - Maharashtra Shops And Establishment Act , 1948.
Exh.12 - Pan Card of the Defendant.
Exh.13 - Maharashtra State Motor Driving Licence
Exh.14 - Aadhar Card of the Defendant.
Exh.15 - Ration card of the Defendant.
Exh.16 - Electricity Bill of the Defendant.
Exh.17 - Sanction Letter dated 15.12.2015.
Exh.18 - Pre Sanction Inspection.
Exh.19 - Receipt by the Vehicle Dealer Ritu Automobiles Pvt. Ltd. for Rs. 8,95,000 /-.
Exh.20 - Receipt by the Vehicle Dealer Ritu Automobiles Pvt. Ltd. for Rs. 1,59,071 /-.
Exh.21 - Tax Invoice by the Vehicle Dealer Ritu Hyundai for Rs. 8,97,000 /-.
Exh.22 - Proforma Invoice.
Exh.23 - Motor Insurance Certificate Cum Policy Schedule.
Exh.24 - Certificate of Registration.
Exh.25 - State Transport Authority Maharashtra State
Mumbai.
Exh.26 - Vehical Inspection Report.
Exh.27 - Letter of Evidencing Execution Of Document.
Exh.28 - Deed of Hypothecation Executed by the Defendant.
Exh.29 - Letter of Undertaking Re : Loans/Advances.
Cont...Commercial suit 762/21
Exh.30 - Certificate of loan Papers obtained.
Exh.31 - Particulars of Vehicles/Machinery/ Equipment/ Livestock Etc. Hypothecated.
Exh.32 - Recall notice dated 19.04.2017.
Exh.33 - Recall notice dated 02.05.2017.
Exh.34 - Legal Notice dated.
Exh.35 - Tracking Report showing the Service on Defendant.
Exh.36 – Copy of authority letter.
Case adjourned for cross-examination to 13-02-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: PO on leave. Board discharged. Matter adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: Adv. Sarita Sonawane h/f Adv. Aarti Bhide for plaintiff is present.
None for defendant.
Plaintiff witness absent.
Adv for plaintiff sought time for cross-examination.
Case is adjourned for cross-examination to 10-03-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Sarita Sonawane h/f Aarti Bhide for plaintiff present.
P.W.1 Yasmin Banu present.
None for defendant.
Oath is administered to the P.W.1. matter is pending for cross examination from 13.02.2023. the roznama shows that the defendant is absent from 04.05.2022. sufficient opportunity given to defendant for cross examination. Hence no cross examination on behalf of defendant.
Exh.37 Evidence closure pursis filed by plaintiff.
Case is adjourned on 27.03.2023 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv. Sarita Sonawane for plaintiff present.
None for defendant.
Defendant is directed to adduce evidence on or before next date.
Case is adjourned to 10.04.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: None present.
Matter is pending for evidence of defendant. Roznama shows that the defendant is absent from last 6 dates. Defendant has not adduced the evidence from last date. Sufficient opportunity given to the defendant but defendant failed to adduce the evidence. Hence, defendant evidence is closed. Matter be kept for final argument.
Case is adjourned for final argument to 28-04-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: None present.
Case is adjourned for argument to 07-06-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: Canara Bank Vs M/s. Vighanhrata Travels
All called, but absent.
Parties to argue the Suit by next date.
Matter adjourned to 21.06.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: Adv. Sarita Sonawane present for plaintiff.
Defendant side called, but absent.
On oral request of plaintiff matter is adjourned to final arguments.
Matter adjourned to12.07.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Canara Bank Vs M/s. Vighanhrata Travels
All called, but absent
Parties to take steps regarding argument. Else, put for necessary order.
Paucity of time matter is adjourned.
Matter adjourned to 26.07.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: Canara Bank Vs M/s. Vighanhrata Travels
Adv. Nilesh Bhole present for plaintiff
Defendant side called, but absent.
Paucity of time.
Parties to argue by next date, without fail.
Matter adjourned to 07.08.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Canara Bank Vs M/s. Vighanhrata Travels
Adv. Sarita Sonawane present for plaintiff.
Defendant side called, but absent.
Plaintiff is seeking oral adjournment
Parties to argue to suit by next date.
Matter adjourned to 23.08.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Canara Bank Vs M/s. Vighanhrata Travels
Adv. Nilesh Bhole present for plaintiff.
He is seeking time for arguments.
Matter adjourned to 29.08.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Canara Bank Vs M/s. Vighanhrata Travels
All called, but absent.
Matter pending for arguments of plaintiff and defendants.
Parties to take steps regarding arguments. Else, put for necessary order.
Matter adjourned to 06.10.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: Canara Bank Vs M/s. Vighanhrata Travels
All called, but absent.
Parties to argue by next date.
Matter adjourned to 07.12.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Canara Bank Vs M/s. Vighanhrata Travels
Adv. Ms. Sarita Sonawane present for plaintiff.
None for defendant
K/b.
Adv. Nilesh Bhole present for plaintiff.
Paucity of time.
Case adjourned to 09.01.2024 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Canara Bank V/s Vighanharata Travels
All called, but absent.
Parties to conclude their arguments by next date.
Case adjourned to 13.02.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: Canara Bank V/s Vighnaharta Travels
Heard Adv. Aarti Bhide for plaintiff.
Defendant side called, but absent.
Perusal shows that, defendant side appeared on 07.03.2022 to 07.04.2022 and since then, is continuously absent.
Defendant granted last opportunity to take steps, if any. Else, Suit be adjourned for Judgment.
Suit adjourned to 16.02.2024 for arguments of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: Canara Bank V/s Vighnharta Travels
All called, but absent.
FRSR following order is passed -
ORDER
1. Commercial Suit No. 100762 / 2021, Canara Bank Vs M/s. Vighanharta Travels, is partly decreed, with proportionate cost.
2. Defendant, within three months from date of this Order, shall pay, Rs. 7,77,563.37/- (Rs. Seven Lakhs Seventy Seven Thousand Five Hundred Sixty Three and Thirty Seven Paise Only) to the plaintiff, with interest @ 9.70 percent per annum from the date of filing of the Suit till its realization.
3. Court fee, if any, be refunded to the plaintiff as per rule.
4. Decree be drawn up accordingly.
5. Judgment dictated and pronounced in Open Court.
6. Parties be informed about their right to challenge this Judgment and period of limitation for same.
7. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 16-02-2024