Date: 03-10-2019
Business: Adv. Shetty for plaintiff present.
On oral request, time is extended to serve writ of summons to deft.
Adjd for service to 08.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Plaintiff absent.
defendant absent.
Adv. Shetty for plaintiff present.
Adv. for defendant absent.
Plaint
Vakalatnama
Memorandum of address
List of document.
Adv. for plaintiff filed application for re-issuance of fresh summons.
Order- Issue fresh summons as prayed.
Matter is adjd to 13.02.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Plaintiff Present.
Defendant absent.
Adv. Akshay Shetty for plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Filed draft Ch/s @ affidavit in support. Order- Leave granted to registered.
Adv. For the plff. Tendered registered Ch/s No. 292 of 2020 @ affidavit in support. t.o.r.
ORDER
Heard Adv. For the plaintiff perused the record.
Chamber Summons is Allowed.
Issue writ of summons by paper publication as prayed.
Chamber Summons No. 292/2020 is disposed off. (uncontested)
Matter is adjd to 15.04.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Next Purpose: SERVICE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Plaintiff is absent
Adv. Kajol Agawane for Plff is present.
Deft and his adv are absent
Matter is adjd to 03.2.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Chetan Mhatre for the plff. Present.
Matter is adjd to 29.04.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 17/06/2021 for Service
Next Purpose: SERVICE
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 09/07/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 29.07.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
The matter is adjd to 11.08.2021.
Next Purpose: SERVICE
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv. Chetan Mhatre for plaintiff present.
On oral request of Adv. For plaintiff, the matter is adjd for service of writ of summons to deft. to 16.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv. Chetan Mhatre for plaintiff present.
On request of Adv. For plaintiff, the matter is adjd for service of writ of summons to deft. to 20.10.2021.
Next Purpose: SERVICE
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv. Lagawane for plaintiff present. She prayed time for taking steps. Time as prayed for is granted.
The matter is adjd for taking steps to 15.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: None present.
The matter is adjd for taking steps to 07.12.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv. Subhash Bane for plaintiff present.
Representative of plaintiff present.
Adv. For plaintiff sought extension of time for service of summons to deft. as per order dated 13.02.2020.
O. - Extension of time for service of summons to deft. as per order dated 13.02.2020 is granted.
The matter is adjd for affidavit of service to 20.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Adv. Chetan Mhatre h/f. Adv. Subhash Bane for plaintiff present.
Exh.6 - Adv. For plaintiff filed affidavit of service. T.O.R.
As per service affidavit (Exh.6), deft. is deemed to be served with writ of summons. However, as per SOP dated 07.01.2022, adverse orders cannot be passed. Therefore, matter is adjourned for passing ex-parte order.
The matter is adjd for ex-parte order to 10.02.2022.
Next Purpose: ORDER
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Adv. Chetan Mhatre h/f. Adv. Subhash Bane for plaintiff present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for ex-parte order to 23.02.2022.
Next Purpose: ORDER
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv. Kajal Agame for plaintiff present.
As per service affidavit (Exh.6), deft. is deemed to be served with writ of summons. But, she failed to tender her appearance within stipulated period. Therefore, suit to proceed without appearance of deft.
The matter is adjd for filing claim affidavit to 22.03.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Adv. Kajal for plaintiff present. She sought time for filing claim affidavit. Time as sought for is granted.
The matter is adjd for filing claim affidavit to 21.04.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv. Gurjyot for plaintiff present. He sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 14.06.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Adv. Subhash Bane for plaintiff present. He sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 06.07.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. Gurjyot Singh for plaintiff present. He sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 26.07.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Subhash Bane for plaintiff present. He sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 03.08.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Gurjyot Singh for plaintiff present. He sought time for filing claim affidavit. Time as prayed for is granted. The matter is adjd for filing claim affidavit to 06.08.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: Adv. Kajol Agawane i/b. Adv. Subhash Bane for plaintiff present.
Exh.7 - Claim affidavit. T.O.R.
Exh.8 - Compilation of documents. T.O.R.
The matter is adjd for arguments to 17.08.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Kajol Agawane i/b. Adv. Subhash Bane for plaintiff present.
Exh.9 - Adv. For plaintiff tendered list of documents. T.O.R.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 23.08.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Subhash Bane for plaintiff present.
Plaintiff is directed to file ledger account/statement of account.
The matter is adjd for compliance to 29.08.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: Adv. Subhash Bane for plaintiff present. He sought time for compliance. Time as prayed for is granted.
The matter is adjd for compliance to 17.09.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Adv. Subhash Bane for plaintiff present. He sought time for compliance. Time as prayed for is granted.
The matter is adjd for compliance to 01.10.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Court is vacant. Matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: The court is vacant.Hence, matter is adjd.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: Court is vacant. Hence adjd. to
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Matter received from C.R.No. 14
Adv.Ankita Shukla h/f adv. Bane for plaintiff is
present.
Matter is adj for administering oath & hearing on
marking of documents to 28/08/2023.
Next Purpose: FOR___________________
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: Adv. Neha Bane H/f Adv. Subhash Bane for plaintiff is present.
Witness PW-1 is absent.
KB
L.O at 04.00 p.m.
Same appearance.
Witness PW-1 is present.
Oath given to PW-1 (on Exh.7 i.e. his evidence affidavit already filed on record).
The Ld. adv of plaintiff and sought time for filing draft NM for obtaining Leave of the Court for filing additional documents on record.
Matter is adj for marking of documents to 16/09/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: Witness PW-1 is present and submitted that his advocate is not available today in the Court therefore, matter may kindly be adjourned.
Matter is adj for ex-parte evidence to 25/10/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: None present.
Matter is adj for Ex-parte evidence to 06/12/2023.
L. O at 12.10 p.m.
Adv. Ankita Shukla h/f Adv. Subhash Bane for plaintiff is present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: Mr. Prafulla Buke Branch manager of Plaintiff Society present.
None present for deft.
Matter is adj. for Ex-parte evidence to 09.01.2024.
LO at 12.30 pm.
Adv. Neha Bane h/f Adv. Subhash Bane for plaintiff present and tendered draft Notice of Motion alongwith affidavit.
O-Leave granted to register notice of motion.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: None present.
KB
LO at 3.02 pm
None present.
The plaintiff is directed to tender original NM, else appropriate order will be pass.
Matter stands Adj for Notice of Motion on 15/02/2024.
LO at 3.05 pm
Adv Ankita Shukla for plaintiff present and tendered registered NM 4671/2023.
Matter stands Adj for NM Affidavit of Service on 15/02/2024.
Next Purpose: SERVICE
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: SERVICE
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: None present for plaintiff.
He be directed to file affidavit of service regarding service of NM upon defendant.
Matter stands Adj for NM Service on 25/04/2024.
Next Purpose: SERVICE
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: P. O. is on Training.
Adv Titiksha Fannis for plaintiff present.
Matter stands Adj for Affidavit of Service on 12/06/2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2024
Date: 12-06-2024
Business: Adv Subhash Bane for plaintiff present.
Heard.
Order below Notice of Motion 4671/2023 -
The plaintiff has taken out the present Notice of Motion to grant leave and allow the plaintiff to file on record additional documents. Herein it is to be seen that the matter proceeded ex-parte / without appearance of defendant vide order dated 23/02/2022. Thereafter, the plaintiff has filed affidavit of examination-in-chief along with compilation of documents on 06/08/2022. At the stage of arguments it reveals that my Ld. Predecessor in Court has directed the plaintiff to file Ledger Account / Statement of Account. Accordingly, the plaintiff wants to file additional affidavit of examination-in-chief along with documents to substantiate the same. Therefore, considering the above said aspect and the fact that the matter is already proceeded ex-parte against the defendant, hence, I am inclined to allow the Notice of Motion. Thus the following order -
1. Notice of Motion 4671/2023 stands allowed and made absolute in terms of prayer clause (a).
2. Notice of Motion 4671/2023 stands disposed of.
Ld. Adv for plaintiff filed additional affidavit of examination-in-chief. t.o.r. marked as Exh. 10. O- R and R.
Matter stands Adj for Ex-parte Evidence on 04/07/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-07-2024
Date: 04-07-2024
Business: Adv Neha Bane for plaintiff present.
PW 01 absent.
Matter stands Adj for marking of documents on 15/07/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-07-2024
Date: 15-07-2024
Business: P. O. is on leave.
Adv Titikasha Phadnis for plaintiff present.
Matter stands Adj for Ex-parte Evidence on 16.08.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-08-2024
Date: 16-08-2024
Business: Adv Titiksha Phadnis for plaintiff present.
On oral request, last chance granted for marking of documents.
Matter stands Adj for marking of documents on 05/09/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-09-2024
Date: 05-09-2024
Business: Adv Subhash Bane for plaintiff present.
On oral request, matter stands Adj for Ex-parte Evidence on 05/10/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-10-2024
Date: 05-10-2024
Business: Adv Subhash Bane for plaintiff present.
PW 01 Praful Bhurke present.
Oath administered to the witness.
He admits the contents of affidavit of examination-in-chief as true and correct. It bears his signature.
Heard Adv for plaintiff on marking of documents.
Document at Sr. no. 1 is an Original Resolution dated 02/05/2018 marked as Exh. 10.
Document at Sr. no. 2 is an Original Loan Application Form dated 26/08/2011 in respect of Gold Loan Account No. 7322 marked as Exh. 11.
Document at Sr. no. 3 is an Original Agreement for Gold Loan and Demand Promissory Note dated 26/08/2011 in respect of Gold Loan Account No. 7322 marked as Exh. 12 collectively.
Document at Sr. no. 4 is an Original Loan Sanction Letter dated 26/08/2011 in respect of Gold Loan Account No. 7322 marked as Exh. 13.
Document at Sr. no. 5 is an Original Receipt dated 26/08/2011 in respect of Gold Loan Account No. 7322 marked as Exh. 14.
Document at Sr. no. 6 is an Office copy of letter dated 26/08/2011 in respect of Gold Loan Account No. 7322 marked as Exh. 15.
Document at Sr. no. 7 is an Original Loan Application Form dated 26/08/2011 in respect of Gold Loan Account No. 7323 marked as Exh. 16.
Document at Sr. no. 8 is an Original Agreement for Gold Loan and Demand Promissory Note dated 26/08/2011 in respect of Gold Loan Account No. 7323 marked as Exh. 17 collectively.
Document at Sr. no. 9 is an Original Loan Sanction Letter dated 26/08/2011 in respect of Gold Loan Account No. 7323 marked as Exh. 18.
Document at Sr. no. 10 is an Original Receipt dated 26/08/2011 in respect of Gold Loan Account No. 7323 marked as Exh. 19.
Document at Sr. no. 11 is an Office copy of letter dated 26/08/2011 in respect of Gold Loan Account No. 7323 marked as Exh. 20.
Document at Sr. no. 12 is an Original Cheque dated 02/06/2015 marked as Exh. 21.
Document at Sr. no. 13 is an Original Return Memo dated 04/06/2015 marked as Exh. 22.
Document at Sr. no. 14 is Copy of Judgment dated 29/08/2018 marked as Exh. 23.
Document at Sr. no. 15 is an Office copy of Legal dated 05/06/2015 marked as Exh. 24.
Document at Sr. no. 16 is an Original Postal Receipt and Postal Acknowledgment marked as Exh. 25.
Document at Sr. no. 17 is Photocopy of Notice dated 11/06/2015 marked as Exh. 26.
Document at Sr. no. 18 is an Office copy of Legal Demand Notice dated 30/06/2016 marked as Exh. 27.
Document at Sr. no. 19 is an Original Postal Receipt marked as Exh. 28.
Document at Sr. no. 20 is an Original Returned Envelopes marked as Exh. 29.
Document at Sr. no. 1 to 3 (Exh. 09) is an Original Chart of Outstanding along with an Original Statement of Loan Account No. 7322 and 7323 for period from 26/08/2011 to 31/07/2022 marked as Exh. 30 collectively.
Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 31.
Matter stands Adj for Arguments on 18/10/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-10-2024
Date: 18-10-2024
Business: Adv Subhash Bane for plaintiff present.
Heard.
Matter stands Adj for Ex-parte Judgment on 05/11/2024.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 05-11-2024
Date: 05-11-2024
Business: Adv Krutika Dongarkar for plaintiff present.
Matter stands Adj for Ex-parte Judgment on 22/11/2024.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 22-11-2024
Date: 22-11-2024
Business: Adv Krutika Dongarkar for plaintiff present.
Exh. 32 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No.354 of 2021 is partly decreed with Costs.
2. The defendant does pay an amount of Rs.15,11,857/- together with further interest thereon @ 9 percent per annum from the date of the suit till its full and final realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No.354 of 2021 disposed off accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 22-11-2024
