Date: 02-11-2018
Business: Adv. Ms. Trivedi Present for the Plff.
Issue fresh writ of summons against deft.
Adj. For Affidavit of service of writ of summons on 04/03/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2019
Date: 04-03-2019
Business: HHJ is On Mediation Training
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2019
Date: 29-04-2019
Business: Circular no.65/2019 dt. 04/04/2019 of Hon''ble PJ City civil Court as declared holiday on the point of Loksabha Election 2019. hence matter posted on next working day.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Adv. Priya Nighvekar Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff filed service affidavit of writ of summons. t.o.r.
Order- Heard. As per service affidavit deft served writ of summons by RPAD as per postal envelop return back with postal remark not known. Hence service is not proper. Plff to take steps.
Adj. for Steps on 08/08/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Adv. Harshada Patel for plaintiff present.
None present for defendant.
On the request of Ld. counsel for plaintiff time is granted for taking necessary steps for service of summons on defendant.
Matter adjd for steps on 14/10/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Adv. Wasima Kazi for plaintiff present.
Ld. Counsel for plaintiff filed draft CS a/w affidavit. TOR.
ORDER Heard. Leave granted. CS is made absolute in terms of prayer clause (b). Plaintiff to file copies of news papers on record a/w service affidavit. CS be registered by statistical purpose.
Matter adjd for service affidavit on 09/12/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Fathima Lakdawala for plaintiff present.
None for defendant.
Ld adv for plff tendered original C/S no. 1943/2019 along with affidavit t.o.r. (Already disposed)
Matter adjd for filing affidavit of service to 16-03-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Advocate for plaintiff is present and requested extension of time to issue of writ of summons. Time is extended.
None present for defendant.
Adjourned for writ of summons to 07.04.2020.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Adjd for service affidavit to 4/11/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Advocate Amruta Mungekar for plaintiff is present.
None present for defendant.
Adjourned for affidavit of service to 25.01.2021
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. Ms. Wasima h/f Fatima for plaintiff present.
None for defendant.
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The Commercial Court.
Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 15.03.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. Ms. Wasima Kazi h/f adv. Fatima for plaintiff present.
None for defendant.
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The Commercial Court.
Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 20.04.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: None for plaintiff.
On perusal of record it appears that C/S was allowed for service of writ of summons to paper publication on 14-10-2019 and the plaintiff was directed to file copies of news paper on record.
The plaintiff is directed to comply the order mentioned in roznama dtd. 14-10-2019 on or before the next date failing which necessary order will be passed.
Matter is adjd.to 14-10-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: None for plaintiff.
The plaintiff is directed to comply the order mentioned in roznama dtd. 14-10-2019 on or before the next date failing which necessary order will be passed.
Matter is adjd.to 25-11-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Both parties are absent when matter called out.
Matter is adjd.to 13-12-2021 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 05-03-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: None for plaintiff.
Matter is adjd.to 28-03-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: None for plaintiff.
Matter is adjd.to 07-06-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: None for plaintiff and defendant when called.
Adjd for compliance to 22/07/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv. Vasima Kazi for plaintiff present.
Exh-2 Application filed by adv. for plaintiff to issue fresh writ of summons to defendant. O- Issue fresh writ of summons through paper publication.
Adjd for affidavit of service to 12/09/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. Wasima Kazi for plaintiff present.
Application filed by adv. for plaintiff for extension to issue writ ofsummons by way of paper publication t.o.r. and marked as Exh. 3 O- Heard. Issue writ of summons to defendant.
Adjd for affidavit of service to 16/11/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. Wasima Kazi for plaintiff present and seeks time to file affidavit of service. Granted.
Adjd for affidavit of service to 24/11/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: None present when called.
Adjd for affidavit of service to 04/01/2023
L. O
Adv. Wasima Kazi h/f Adv. Fatima Lakdawala for plaintiff present.
Affidavit of service filed by plaintiff t.o.r. and marked as Exh. 4 O- Seen.
As per affidavit of service writ of summons is duly served to defendant through paper publication.
Adjd for appearance of defendant to 04/01/2023
Next Purpose: FOR APPERANCE
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Adv. Wasima Kazi for plaintiff present.
As per affidavit of service writ of summons was issued to defendant by paper publication. Accordingly writ of summons Is published in two newspapers. Plaintiff placed on record paper cuttings of two newspapers along with Exh.4.
Defendant is duly served. Defendant is absent when called. Hence suit to proceed exparte against defendant.
Adjd for exparte evidence to 25/01/2023
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Vasima Quza i/b Adv Fatima Lakdawala for plaintiff is present. She sought for filing affidavit of evidence. Time is granted.
None for defendant.
Case is adjourned for exparte evidence to 04-02-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: Adv. Wasima Kazi i/b Adv. Fatima Lakdawla for plaintiff is present.
None for defendant.
KB L.O. at 12.01 pm
Plaintiff is present.
Exh.05 Affidavit of examination in chief of plaintiff bank’s senior manager namely Vidhadhar S. Khandait is filed O- The plaintiff bank’s senior manager namely Vidhadhar S. Khandait is present before the Court. He admits the contents of affidavit. It is read and recorded.
Exh.06 - List of documents O- Filed.
Following documents were proved in the examination in chief of witness.
Exh.07/1 - Copy of authority letter.
Exh.07/2 - Application form for loans to MICRO and small enterprises (MSE’s)
Exh.07/3 - Copy of the proforma invoice.
Exh.07/4 - Copy of sanction letter.
Exh.07/5 - Form NF-373 particulars of vehicle/ machinery/equipment/livestock etc., hypothecated dated 25.03.2015.
Exh.07/6 - Deed of hypothecation dated 25.06.2015
Exh.07/7 - Loan application and interview cum appraisal form for transport operators applicable for both term loan and working capital advances.
Exh.07/8 - Copy of letter of undertaking dated 25.06.2015.
Exh.07/9 - Copy of standing instruction undertaking form.
Exh.07/10 - copy of insurance policy.
Exh.07/11 - Copy of legal notice dated 07.12.2017 and proof of dispatch dated 07.12.2017.
Exh.07/12 - Copy of statement of accounts.
Exh.07/13 - Copy of bankers books evidence act.
Exh.07/14 - The certificate under section 2-A of the amended Bankers’ Books Evidence Act, 1891 as prescribed in the schedule III of the Information Technology Act, 2000.
Exh.07/15 - Particulars of claim.
Defendant is absent. Hence, no cross-examination.
Exh.08 - Ld Adv for plaintiff filed evidence closing pursis t.o.r. O- R and R.
Heard ld adv for plaintiff.
Case is adjourned for exparte judgment to 14-02-2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Court on leave
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: None present.
Exh.09- Judgment.
F.R.S.R. following order is passed-
ORDER
1. Commercial Suit No. 273 of 2021 is decreed with costs.
2. The defendant do pay an amount of Rs.9,85,661.60ps. (Rs. Nine Lakhs Eighty Five Thousand Six Hundred Sixty One and Sixty Paise only) to the plaintiff bank along with interest at the rate of 10.55% per annum on the principal amount from the date of filing of the suit till realization within three months from the date of this decree.
3. The defendant or his agent or servant are hereby permanently restrained from selling, disposing or creating third party interest in respect of its assets and properties owned by him.
4. The defendant shall bear the costs of the suit.
5. Court fee, if any, be refunded to the plaintiff as per rule.
6. Decree be drawn up accordingly.
(Judgment pronounced in the open Court).
Nature Of Disposal: DECREED
Disposal Date: 23-02-2023