Date: 27-01-2020
Business: None present.
Issue summons to defendant.
Matter is Adjd for Affidavit of Service to 18.02.2020.
L.O.
Adv for Plaintiff Mr.V.B.Tiwari present.
He filed application for extension of time to serve writ of summons. O-Application allowed.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: None present.
Matter is Adjd for Affidavit of Service to 17.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present.
As per the notification by Hon\''ble High Court, no urgency. Hence matter is adjourned on next date.
Matter adjd to 08.04.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
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 affidavt of service.
Next Purpose: AFFIDAVIT OF SERVICE
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 19.12.2020 for affidavit of services.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Adv. for plaintiff absent.
Adv. for defendant absent.
Matter adjd to 16/01/2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv.B.N.Joshi for plaintiff present.
None present for defendant.
Adv.of plaintiff filed draft chamber summons a/w. affidavit in support of draft chamber summons t.o.r.
O-Leave granted to register draft chamber summons.
Matter adjd to 11.02.2021 for Reply to ch/s.
Next Purpose: REPLY
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv.Upadhyay for plaintiff present.
None present for defendant.
Adv.of plaintiff filed registered chamber summons No.157/21 a/w. affidavit in support of registered chamber summons No.157/21 t.o.r.
Heard Ld. Adv. for the plaintiff. It is the contentions of the plaintiff in the chamber summons that the suit was filed initially in the name of Corporation Bank. The Corporation Bank now amalgamated with Union Bank of India. It is the case of the plaintiff that the Corporation Bank now functions as Union Bank of India. The plaintiff accordingly has sought to amend the plaint. It needs to be mentioned that the defendant is not served the suit summons yet. The amendment would not prejudice the defendant. In the interest of justice the amendment is to be allowed.
ORDER ON CH/S NO.157/2021
1. Chamber Summons No.157/2021 is allowed.
2. The plaintiff is directed to carry out the amendment.
3. Chamber Summons No.157/2021 be disposed of.
Matter adjd to 04.03.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Adv. B. N. Joshi for plaintiff present.
None for defendant present.
Application Exh.02 filed for issuance of fresh writ of suit summons.
Order below Exh.02
Issue fresh writ of suit summons.
Matter adjd to 05/04/2021 for summons report.
Next Purpose: REPORT
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 03.05.2021 for report.
L.O. at 2.30 p.m.
Adv. B.N. Joshi for plaintiff present.
The plaintiff had filed affidavit of service of summons.
Defendant not served.
Chamber summons filed by Adv. for plaintiff t.o.r.O-Leave granted to register draft chamber summons.
ORDER BELOW DRAFT CHAMBER SUMMONS
1. Plaintiff seeks substitute service to defendant by way of publication in two local newspapers i.e. Marathi and English.
2. Issue summons as prayed.
3. Chamber summons is disposed of.
4. Chamber summons be registered for statistical purpose.
Matter adjd to 03.05.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Next Purpose: REPORT
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 13.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: HHJ is on leave.
Next Purpose: REPORT
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: As Court is on leave, matter is adjd to 05.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 30.08.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.27 pm
Adv.B.N.Joshi i/b.V.B.Tiwari and Co.for plaintiff present and filed application for extension of time for paper publication, Exh.3 t.o.r.
O-Time extended for service as per order in CS 714/21.
Matter adjd to 18.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: as on holiday declared.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv.Sunita Gound h/f.Adv.V.B.Tiwari for plaintiff present.
None present for defendant.
The plaintiff filed affidavit of service, Exh.4 t.o.r.
Order-Read the service affidavit in respect of paper publication. Read the order in chamber summons No.714/2021. The summons is not issued by RPAD and pasting, hence, summons issued by RPAD pasting.
Matter adjd to 20.12.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.28 pm,
None present. No service affidavit is filed kept for order.
Matter adjd to 19.01.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 14.02.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 21.03.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: court on Leave
Next Purpose: ORDER
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: None present for plaintiff.
None present for defendant.
Read the roznama dated 17.11.2021. Plaintiff has not complied with the order of issuance of summons by RPAD and pasting.
Matter adjd to 22.06.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: None present.
KB.
It seems that, there are element of settlement in this matter. Hence issue notice of Lok Adalat to both parties.
Adj. For Lok Adalat on 13/08/2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: Both the parties and their counsel called, but absent.
Matter adjourned before Regular Court on 15.09.2022.
Next Purpose: FOR___________________
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: None present.
Plff has not taken steps to serve summons as per order dt.17/11/2021. Hence case be fixed for dismissal order.
Adj. For DID Order on 08/10/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 08-10-2022
Date: 08-10-2022
Business: Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
Adv. Shivesh Upadyay Present for Plff.
None Present for Deft.
Ex.05.- Adv of plff has filed service affidavit along with Speed post acknowledgement and postal tracking report. It shows that deft served with suit summons on 06/12/2021. But till date deft did not appear. Hence suit be proceeded Ex-parte against him.
Adj. For Ex-parte evidence on 03/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Adv. Shivesh h/f Adv. V. B. Tiwari Present for Plff and seeks time for filing evidence . Granted.
None present for the deft.
Adj. For Ex-parte evidence on 10/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv. Ankit Tiwari for plaintiff present.
None present for defendant.
Advocate for plaintiff seeks adjournment on the ground that officer of plaintiff has been transferred.
Case is Ex-parte evidence since long. However, to have an opportunity adjournment as a last chance.
Matter is adjourned for Ex-parte Evidence on 01-12-2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv. Ms. Archana Bhor for plaintiff present.
None present for defendant.
Exh.6 Advocate of plaintiff has filed chief-examination of PW-1.
PW-1 Shashi Yogendra Bhardwaj present. Oath given to witness.
Exh.7 Advocate of plaintiff has filed list of documents.
Case adjourned for marking of documents to 17/12/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Adv. Sandeep Shukla I/b V. B. Tiwari and Co. Present for Plff.
None Present for Deft.
Heard argument adv of plff on the point of marking of document. The plaintiff has filed photocopies of documents with plaint. Now it has filed original documents with list Exh.7. These documents are not additional documents. The matter proceeded Ex-parte against defendant and thus there is no objection on behalf of defendant. Therefore, documents filed with list Exh.7 are tentatively marked exhibit as under.
Ex.8 - Loan Application dated 16.02.2016.
Ex.9 - Sanction letter dated 19.03.2016.
Ex.10 - Agreement for term loan dated 23.03.2016.
Ex.11 - Letter of undertaking/declaration from the borrower.
Ex.12 - Agreement for hypothecation dated 23.03.2016.
Ex.13 - Legal notice dated 24.01.2019.
Ex.14 - Statement of accounts.
As the suit proceeded Ex-parte against deft, no cross examination of PW-1 on behalf of deft.
Ex.15 - adv of plff has filed evidence closure pursis. t.o.r.
Adj. For Argument on 05/01/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv. Shivesh Upadhay Present for Plff.
None Present for Deft.
Heard argument of advocate of plaintiff.
Exh.16 - Judgment.
F.R.S.R following order is passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.3,10,644/- and interest @ 13.90 % p.a.(floating) on principal sum of Rs.2,33,611/- from the date of suit till realization of the said amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 05-01-2023