Bank Of MaharashtraVsDsouza Sydney

Date: 03-01-2019
Business: Adv. Swpana Dhimate for Plaintiff present.
None for Defendant.
Matter is adjd. to 25/02/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 25-02-2019

Date: 25-02-2019
Business: As the Court is on leave Board is discharged and the matter stands adjd. to
Next Purpose: REPORT
Next Hearing Date: 10-06-2019

Date: 10-06-2019
Business: Adv for plaintiff Ms.Anagha present
Matter is Adjd for Affidavit of Service to 14/08/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: P.O is on training. Adjd to 22/11/19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Adv. Joshi for plff present.
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Affidavit of service.
Adjd. to 09.01.2020 for verification of service.
Next Purpose: SERVICE
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: None present.
Adjd to 19.03.2020 for verification of service.
Next Purpose: SERVICE
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: None present.
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 16/04/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: SERVICE
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 12-08-2020

Date: 12-08-2020
Business: Wrongly shown on today\''s board.
Matter adjd to 21.08.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-09-2020

Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: AS THIS COURT IS ON LEAVE ,  BOARD IS DISCHARGED AND THE MATTER STANDS ADJD.
Next Purpose: SERVICE
Next Hearing Date: 02-11-2020

Date: 02-11-2020
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 23/11/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-11-2020

Date: 23-11-2020
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  11/12/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: None for plff.
None for defendant.
Matter adjd to 16/01/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 16.02.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Reverting suit to original Court on 24.03.2021.
Next Purpose: SERVICE
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Matter taken on board by Court.
        In view of notesheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment.
Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit.
None present for both the sides.
Matter adjd to 12.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 12-04-2021

Date: 12-04-2021
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 06.5.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 23.06.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: PO is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.42 pm
None present. Read the roznama dated 07.01.2019. Order of issue of writ of summons on defendant has been passed till today. No service affidavit is filed on record. The plaintiff is absent. Failed to take steps, hence, adjourned for order against plaintiff including order of dismissal for default on 30.09.2021.
Next Purpose: ORDER
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.54 pm
Adv.Sachin Joshi for plaintiff present.
The plaintiff filed application for adjournment, Exh.6 t.o.r.
O-Read the last roznama. Suit is pending for the steps regarding service of suit summons. The Ld.Adv.for the plaintiff submits that in view of service affidavit, Exh.5, the defendant is served as the postal envelope returned with remark \''unclaimed\''. The plaintiff to satisfy about the service.
Matter adjd to 26.10.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: None present for plaintiff.
None present for defendant.
LO at 1.14 p.m.
Adv. Sachin Joshi for plaintiff present.
Heard the plaintiff in view last roznama.
Matter adjd to 23.11.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Adv.Sachin Joshi for plaintiff present.
None present for defendant.
The plaintiff filed application for service of suit summons through bailiff, Exh.7. O-Issue suit summons through bailiff.
Matter adjd to 23.12.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: PO is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: None present for plaintiff.
None present for defendant.
Service affidavit not filed. Keep for order.
Matter adjd to 14.03.2022 for order.
                                                                                              Judge
LO at 03.37 pm,
Adv.Sachin Joshi for plaintiff present.
Adv. of plaintiff filed application for extension of time for service of suit summons t.o.r. and marked as Exh.8.
O-Time is extended for service of suit summons.
Matter adjd to 24.03.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 30.06.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: None present.
KB.
Adv. Sachin Joshi Present for Plff.
None Present for Deft.
Adv of plff seeks time for steps against deft.
Adj. For Steps on 14/07/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None present for plaintiff.
Case is adjourned for steps to serve summons on defendant to 11/08/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. Sachin Joshi Present for Plff.
None Present for Deft.
Adv of plff seeks time to take steps against deft.
Adj. For Steps on 14/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: Adv. Sachin Joshi Present for Plff and seeks time for taking steps. Granted.
None Present for Deft.
Adj. For Steps on 20/10/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: None present.
Adj. For Steps on 04/11/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Adv. Sachin Joshi Present for Plff.
None Present for Deft.
Adv of plff seeks time for taking steps to serve summons to deft. Record shows that previously summons was sent to deft by RPAD but it returned with postal remarked unclaimed. Since more than one years case is for steps. As such to have an opportunity last chance granted to take steps.
Adj. For Steps on 14/11/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: Adv. Sachin Joshi Present for Plff.
None Present for Deft.
Ex.09 - adv of plff has filed application for issuing fresh suit summons through Bailiff and by Email.
Granted as under.
1) Issue fresh suit summons to deft through Bailiff.
2) Simultaneously suit summons be issued to deft subject to filing affidavit stating i) electronic mail address of deft given by him is correct to the best of his knowledge. ii) In correspondences prior to the filing of the case the defendant has accepted and responded to communication at that email address.
Adj. For Service affidavit on 14/12/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: court is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: PO is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Adv. Sachin Joshi for plaintiff present and seeks time for filing service affidavit.
None present for defendant.
Case adjourned for filing service affidavit to 09/03/2023
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: Adv. Sachin Joshi for plaintiff present and seeks time for filing service affidavit. Granted.
None present for defendant.
Case adjourned for taking steps to 29/03/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv. Sachin Joshi Present for Plff.
None Present for Deft.
Adv of plff seeks time to filing service affidavit. Granted.
Adj. For Service affidavit on 13/06/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: 13.06.2023
27
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm SU 130/2021
Adv. Sachin Joshi  for plaintiff present.
Ld. Adv. for plaintiff prayed for time for filing affidavit of service.
O – Time Granted on last chance.
Adjd to 04/07/2023 for affidavit of service.
								Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: Adv. Sachin Joshi for plaintiff present.
He orally prayed for time to file affidavit of service.
O- Matter is pending for service affidavit since 14.12.2022 hence, oral prayer on behalf of plaintiff is hereby rejected. Keep the matter for dismissal order on the next date.
Adjd. to 05.08.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 05-08-2023

Date: 05-08-2023
Business: None  present for plaintiff.
Matter is adj for dismissal order to 16/09/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: None present.
Matter is adj for dismissal to 21/10/2023.
L.O at 01.15 p.m.
Adv. Sachin Joshi for plaintiff is present.
Exh.10 - Affidavit of service a/w copies of newspaper publication.
Matter is adj. for ex-parte order to 21/10/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: Adv. Sachin Joshi for plaintiff is present.
O- Plaintiff had published Writ of Summons in English and Marathi newspapers.  None appears for the defendant till today.  Hence, matter to proceed Ex-Parte against him.
Matter is adj for Ex-Parte Evidence to 14/12/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: None present.
Matter is adj. for ex-parte evidence to 23/01/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: Adv. Sachin Joshi for plaintiff is present and requested for time for filing evidence affidavit. O-Time granted as last chance.
Matter is adj. for ex-parte evidence to 21.02.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: Court is on leave. Hence adjd.to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-03-2024

Date: 19-03-2024
Business: Adv. Sachin Joshi for plaintiff is present and tendered draft Ch/S along with affidavit in support. O.-Leave granted to register it.
On specific oral request of ld. Adv of plaintiff matter is adj. for Ch/S returnable to 18/04/2024.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: None present.
Matter is adj. for Ch/S returnable to 25/06/2024.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: Adv. Sachin Joshi for plaintiff is present and tendered registered Ch/S No. 678/2024 along with affidavit in support.
Ld. adv of plaintiff submitted that, permission may be granted to not press/withdraw the Chamber Summons as the officer proposed to be brought  on record is also transferred from the plaintiff bank. O: Permission granted as sought for.
ORDER : Chamber Summons No. 678/2024 is disposed off as withdrawn.
Matter is adj. for steps to 23/07/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: Adv. Sachin Joshi for plaintiff is present and tendered draft Ch/S along with affidavit in support. O.-Leave granted to register it.
Matter is adj. for Ch/S returnable to 08/08/2024.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: Adv. Sachin Joshi for plaintiff is present and tendered registered Ch/S No. 1605/2024 along with affidavit in support.
Heard ld. Adv of plaintiff on Ch/S No. 1605 of 2024.
Order Below Chamber Summons No. 1605 of 2024.
The present Chamber Summons is filed by the plaintiff for substituting its authorized officer Mr.Chandrashekhar K. Gujrati  and for bringing on record the newly appointed authorized officer namely Ms. Nidhi Mishra.   The copy of Authority Letter dt. 20.07.2024 has been filed along with Chamber Summons. If the proposed amendment is allowed then there will be no change in the nature of suit hence, the name of the newly appointed authorized officer needs to be taken on record to represent the plaintiff bank in the suit proceedings.
Therefore, following order is passed.
1)	Chamber Summons No. 1605 of 2024 is hereby allowed.
2)	The plaintiff is directed to carry out the appropriate amendment in the plaint and cause title of the plaint (as mentioned in the Schedule annexed to the Ch/S) and file the amended copy of plaint on record within 30 days.
3)      Fresh  verification of amended plaint is dispensed with.
4)	Chamber Summons is hereby disposed off.
Matter is adj. for compliance to 10/09/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: Court is Vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 22-10-2024

Date: 22-10-2024
Business: Court is vacant hence adj to
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: Court  is vacant hence adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: Parties are absent.
Adv. Sachin Joshi present for plaintiff.
Exh.11 – Application  for seeking time for making compliance. O-Allowed.
Matter is adj. for compliance to 24.06.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: Parties are absent.
Adv. Sachin Joshi present for plaintiff and sought time for making compliance.
None present for defendant.
Matter is adj. for compliance to 19.09.2025
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2025

Date: 19-09-2025
Business: Parties are absent.
Adv. Jyoti Tiwari  present for plaintiff.
None present for defendant.
Last chance is granted for compliance.
Matter is adj. for compliance to 05.12.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-12-2025

Date: 05-12-2025
Business: None present.
Matter is under the caption of compliance.  If the compliance is not done on or before next date than the matter will proceed further in accordance with law.
Matter is adj. for compliance to 05.02.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2026

Date: 05-02-2026
Business: Parties are absent.
Adv. Sachin Joshi present for plaintiff seeking permission to carry out the amendment. O-Allowed.
None present for defendant.
Matter is adj. for compliance to 23.03.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: Parties are absent.
Adv. present for plaintiff and filed compliance pursis a/w amended copy of plaint. TOR. Marked as Exh. 12.
Exh.1/1 – Amended copy of plaint.
None present for defendant.
Matter is adj. for recording evidence to 08.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-06-2026

Date: 08-06-2026
Business: None present.
Matter is adj. for R/E to 06-08-2026.
Later on at 12.35 PM.
Representative (Nidhi Mishra) of plaintiff is present.
Adv. Jyoti Tiwari present for plaintiff, tendered affidavit of evidence and list of documents TOR marked as Exh.13 and Exh.14
Representative of plaintiff present before the court and oath is administered to the witness. The contents of affidavit are true and correct.
Matter is already adj. for R/E to 06-08-2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2026

Date: 06-08-2026
Business: Adv. Jyoti Tiwari is present for plaintiff.
Following documents are exhibited.
Exh. P1 Request letter for term loan against hypotehcation of Goods. Plant and machinery dt. 14.12.2016.
Exh. P2  Demand promissory note dt. 14.12.2016.
Exh. P3 Composite deed of Hypothecation dt. 14.12.2016.
Exh. P4 Receipt for amount of Loan dt. 14.12.2016.
Exh. P5 Statement accounts statement of accounts certified by the plaintiffs bank manager.
Exh. P6  Authority letter.
Exh. P7  65 B certificate certified by the plaintiffs Bank Manager.
Exh.15- Evidence closure pursis filed by ld. Adv of plaintiff.
Matter is adj. for ex-parte arguments to 08.10.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2026

CHAMBER SUMMONS/100678/2024
CHAMBER SUMMONS/101605/2024

Registration Number: 100130/2021
Transfer Date: 13-03-2020
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 32 -

Filing Number: 106763/2018
Filing Date: 05-05-2018
First Hearing Date: 03rd January 2019
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE