Bank Of MaharashtraVsRamshudhari Ray

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 25.03.2021.
Next Purpose: SERVICE
Next Hearing Date: 25-03-2021

Date: 25-03-2021
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 09.04.2021 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 10.06.2021 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases.
Matter is adjd to 03.07.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: As Court is on leave, matter is adjd to 03.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: None present for Plaintiff.
None present for defendant.
Adjd. for taking steps to 24/8/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.52 pm
None present.
Matter adjd to 29.09.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.01 pm
None present.
ORDER
       Service affidavit shows that summons is not served. The plaintiff has not taken steps for service of suit summons, hence, adjd for order against plaintiff on 09.11.2021.
Next Purpose: ORDER
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.02 pm,
Adv.Sachin Joshi for plaintiff present.
The plaintiff tendered application for adjournment, Exh.6 t.o.r.
O-Time granted.
Matter adjd to 03.12.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: PO is on Leave.
Next Purpose: ORDER
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.12 p.m.
Adv.Sachin Joshi for plaintiff present.
The plaintiff filed application Exh.07 for issuance of fresh summons. Order-Issue fresh Writ of summons through bailiff.
Matter adjd to 28.01.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 23.02.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Adv.Sachin Joshi for plaintiff present.
None present for defendant.
KB
LO at 12.58 pm,
None present.
KB
LO at 03.40 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 1 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
28
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm SU 131/2021
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  long 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 01.50 p.m.
Adv. Sachin Joshi for plaintiff is present.
Next Purpose: DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: Adv. Sachin Joshi for plaintiff is present and submitted that service affidavit Exh. 5 was filed on 22.11.2019 and the returned postal envelope bears postal remark – “intimation posted” dt. 23.01.2019.  Therefore, the unclaimed postal envelope containing writ of summons is a good service. He relied upon the the Judgment of Hon’ble Supreme Court in the matter of K. Bhaskaran v/s Sankaran Vaidhyan Balan and another, (1999) 7 Supreme Court Cases 510, and prayed to pass ex-parte order.
O- The matter is posted for dismissal order as the plaintiff failed to take steps but it is rightly pointed out by the ld. adv of plaintiff that service affidavit Exh. 5 was already filed on 22.11.2019 and the postal envelope containing writ of summons was returned back with postal remark – “intimation posted” dt. 23.01.2019.  Therefore, in view of the Judgment of Hon’ble Apex Court in the matter of K. Bhaskaran (supra) “unclaimed” service is a good service.  None appears for the defendant till today.  Hence, matter to proceed ex-parte.
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 submitted that, the original documents are not traceable in the plaintiff bank therefore, further time may be granted for ex-parte evidence.
On specific oral request of ld. Adv of plaintiff matter is adj. for ex-parte evidence to 18/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: None present.
Matter is adj. for ex-parte evidence to 04/07/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-07-2024

Date: 04-07-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present.
KB
LO at 12.35 pm.
Adv. Sachin Joshi for plaintiff is present and requested for time to file ex-parte evidence.
O- The matter is pending for ex-parte evidence since 14.12.2023 and repeatedly time is sought by the Ld advocate of plaintiff on the ground that the original documents of plaintiff bank are not traceable. On 21.01.2024 last chance was granted to the plaintiff to file ex-parte evidence hence, oral prayer for further adjournment is hereby rejected. Put up the matter for dismissal order.
Matter is adj. for dismissal to 03.08.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 03-08-2024

Date: 03-08-2024
Business: P.O. is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: Court is Vacant hence adj. to
Next Purpose: DISMISSAL
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: Court is vacant hence adj.to
Next Purpose: DISMISSAL
Next Hearing Date: 16-12-2024

Date: 16-12-2024
Business: Court is on vacant. Hence, adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: Parties are absent.
Adv. Mr. Sachin Joshi for plaintiff is present.
None present for the defendant.
Exh.10 Ld. Advocate for the plaintiff filed by application for removal caption for the dismissal order. O- Allowed.
On oral request of ld. Advocate of plaintiff suit is posted for evidence.
Matter is adj. for evidence to 25.03.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-03-2025

Date: 25-03-2025
Business: None present.
Matter is adj. for recording evidence to 17.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: Parties are absent.
Adv. Sachin Joshi  present for plaintiff and sought time as the back is searching original documents.
None present for defendant.
Matter is adj. for recording evidence to 16.12.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2025

Date: 16-12-2025
Business: Parties are absent.
Adv. Jyoti Tiwari present for plaintiff.
Adv. present for defendant.
Matter is adj. for Recording evidence to 24.02.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2026

Date: 16-12-2025
Business: Parties are absent.
Adv. Jyoti Tiwari present for plaintiff.
Adv. present for defendant.
Matter is adj. for Recording evidence to 24.02.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: None present.
Matter is kept for dismissal by imposing costs of Rs. 2000/- to be paid to the DLSA by plaintiff for causing delay.
Matter is adj. for dismissal to 17.04.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 17-04-2026

Date: 17-04-2026
Business: Parties are absent.
Adv. present for plaintiff and filed cost compliance pursis TOR. and orally seeking time for taking steps O- Already many dates have been granted time is granted subject costs of Rs.1000/- to be paid to the DLSA.
None present for defendant.
Matter is adj. for steps to 15.07.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-07-2026

Date: 15-07-2026
Business: None present.
Earlier costs is not paid by plaintiff.
Matter is adj. for steps to 27.08.2026.
Later on at 01.45 p.m.
Adv. Jyoti Tiwari present for plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-08-2026

Date: 27-08-2026
Business: Coram H.H.J. SHRI. M.S.SHAIKH JUDGE, (C.R.No 32)
Parties are absent.
Adv. Jyoti Tiwari present for plaintiff. Earlier cost not paid. seeking extension for depositing cost.
O- Extension granted.
KB
LO at 1.45 pm.
Adv. Jyoti Tiwari present for plaintiff and filed compliance pursis. Also filed evidence affidavit of Vidhi Mishra (PW-1)TOR marked as Exh. 11 also filed list of documents TOR marked as Exh. 12.
Matter is adj. for marking of documents to 09.10.2026.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-10-2026

Registration Number: 100131/2021
Transfer Date: 13-03-2020
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 32 -

Filing Number: 106764/2018
Filing Date: 05-05-2018
First Hearing Date: 03rd January 2019
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE