Date: 23-07-2018
Business: None Present for the Plff.
Issues writ of summons to the Deft.
Adj. for Service affidavit on 05/10/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-10-2018
Date: 05-10-2018
Business: Adv. Mahesh Chandanshive Present for the Plff.
On the oral request of the Ld counsel for the Plff. Adj. Granted.
Adj. For Service affidavit of writ of summons on 22/01/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: None Present for the Plff.
None Present for the Deft.
No steps taken by the Plff since 23/07/2018. Hence suit kept for order of Dismissal for want of steps on 20/04/2019.
Next Purpose: DISMISSAL
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Adv. Mahesh Chandanshiv Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed application for extension time of writ of summons served. t.o.r.
Order- Heard. Allowed. Due to reason shown. Service affidavit be filed.
Adj. for Service affidavit on 09/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: None present for plaintiff.
Matter adjd for service affidavit on 02/11/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Adv. Mahesh Chandanshiv for plaintiff present.
On the request of Ld. Counsel for plaintiff time is granted to taking steps for service of writ of summons on defendant.
Matter adjd for service affidavit on 16/01/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Mahesh Chandanshiv for plaintiff present.
On the request of Ld. Counsel for plaintiff matter is adjourned for service affidavit.
Matter adjd for service affidavit on 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 filed service affidavit at Exh. 3 collectively. Summons is not duly served.
None present for defendant.
Adjourned for taking steps to 31.03.2020.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Business: National Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Business: National Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for taking steps for service to 03.12.2020.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for taking steps to 22.12.2020.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for taking steps to 21.01.2021.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: None for plaintiff.
None for defendant.
Plaintiff to note roznama dtd. 22-01-2019 , where by suit was posted for dismissal. Plaintiff to take proper steps positively in four weeks.
Matter is adjd.to 25-02-2021 for taking steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. 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 30.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None for plaintiff and defendant.
In view of note-sheet, 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.
Matter is adjd.to 26.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Both the parties absent when called out.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: None for plaintiff.
Plaintiff is directed to file service affidavit regarding service of writ of summons to the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd.to 08-10-2021 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Mahesh Chandrashiv for plaintiff present and submitted that he wants time to move Chamber Summons for amending the title clause and prayed for adjournment – granted.
Matter is adjd.to 16-11 -2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv. Mahesh Chandanshiv for plaintiff present and tendered draft C/S with supporting affidavit t.o.r. and Leave is granted to register the C/S.
None for defendant
Matter is adjd.to 04-12-2021 for filing registered C/S.
Next Purpose: FOR___________________
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv. Mahesh Chandanshiv for plaintiff present and filed registered Chamber summons no.1772/21 with supporting affidavit t.o.r.
Heard Adv. Mahesh Chandanshiv.
As proposed amendment is to bring name of Canara Bank on record in place of Syndicate Bank due to merger as per notification dated 04-03-2020, it is liable to be allowed in order to bring the position on record which is result of subsequent developments. Hence C.S. No.1772/21 is made absolute in terms of prayer clause (a). the plaintiff is directed to carry out amendment within 15 days from the date of this order.
C.S. No.1772/21 is disposed off.
Matter is adjd.to 21-12-2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Matter is adjd.to 20-01-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: None for plaintiff.
Matter is adjd.to 02-03-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. Amol G. Mane h/f Adv. Mahesh Chandanshiv for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 23-03-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present and prayed for adjournment for taking out C/S for substituted service - short date be given.
Matter is adjd.to 22-04-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present and prayed for adjournment for taking out C/S for substituted service- short date be given.
Matter is adjd.to 22-06-2022 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Adjd for taking steps to 05/09/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: None present for plff. and deft.
Plff. directed to take steps against the defendant.
Adjd. to 13.12.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: CORAM : H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Adv. Mahesh Chandanshiv for plaintiff present and sought time taking steps against the defendant. Granted time for taking steps.
Adjourned to 19.01.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Adv. Mahesh Chandanshiv for plaintiff is present and sought time for taking steps. Granted.
None for defendant.
Case is adjourned for steps to 30-03-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: None present.
Plaintiff to directed to take steps.
Case is adjourned to 12.06.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: Syndicate Bank Vs Mr. Fariddin Chand Pate
Adv. Mahesh Chandanshiv present for plaintiff.
He sought, oral adjournment for taking steps.
Plaintiff to expedite.
Matter adjourned to 05.09.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Syndicate Bank Vs Mr. Fariddin Chand Patel
Adv. Mahesh Chandanshiv present for plaintiff.
Exh.4- Draft Chamber summons.
Exh.5 - Affidavit in support of Chamber Summons.
Perused affidavit of service at Exh.3 dt.16.03.2020.
The earlier summons are returned with Postal endorsement as not known.
Chamber Summons at Exh.4 is allowed.
Plaintiff is permitted to effect service by wayof Paper Publication.
It appears that, despite efforts by the plaintiff, it is unable to serve to the defendant
Matter adjourned to 30.11.2023 for for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Syndicate Bank V/s Farddin Patel
Adv. Mahesh Chandanshiv present for plaintiff.
The suit is filed on 12.06.2018. Plaintiff is yet to effect service on defendant.
Plaintiff to take steps regarding service. Else, put for dismissal order.
Case adjourned to 29.03.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-03-2024
Date: 29-03-2024
Next Purpose: SERVICE
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: Syndicate Bank V/s Fariddin Patel
The Suit was listed on 29.03.2024.
It being holiday, Suit is taken on immediate next working days i.e. today.
Branch Manger Tekeshwar Chauragade present. His counsel called, but absent.
Exh.7 - Affidavit of Service filed by plaintiff stating that, the defendant is served by way of Paper Publications in Fress Press Journal and Navshakti Mumabi, Dt.13.03.2024.
Defendant side called, but absent.
Put for necessary order.
Suit adjourned to 26.04.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Syndicate Bank V/s Fariddin Patel
Adv. Mahesh Chandanshiv present for plaintiff.
Perused roznama dt. 30.03.2024.
Till date defendant has not filed appearance before this Court.
Today Defendant side called, but absent.
Suit to proceed Ex-parte.
Plaintiff to take steps regarding Ex-parte evidence. Else, put for necessary order.
Suit adjourned to 01.08.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-08-2024
Date: 01-08-2024
Business: Syndicate Bank Vs Mr. Fariddin Chand Patel
Adv. Mahesh Chandanshiv present through video conference for plaintiff.
Plaintiff to take steps regarding ex-parte evidence.
Suit adjourned to 02.09.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: Adv. Mahesh Cahndanshiv present for plaintiff through V.C.
He is seeking oral adjournment.
Suit adjourned to 22.10.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: Syndicate Bank Vs Mr. Fariddin Chand Patel
Adv. Mahesh Chandanshiv present through video conference for plaintiff.
Plaintiff to take steps regarding ex-parte evidence.
Parties are directed to e-file all their respective pleadings, documents in OCR compatibility.
Suit adjourned to 11.12.2024 for ex-parte evidence.
Later on at 12.40 Hrs.
Mukesh Kumar, Senior Manager, Canara Bank present.
Exh.08- Evidence affidavit of PW1 Mukesh Kumar.
Exh.09- List of documents.
Suit adjourned to 11.12.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-12-2024
Date: 11-12-2024
Business: Syndicate Bank Vs Mr. Fariddin Chand Patel
Adv. Mahesh Chandanshiv present for plaintiff.
Plaintiff witness absent.
Plaintiff to take appropriate steps.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 24.01.2025 for ex-parte evidence.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2025
Date: 24-01-2025
Business: Syndicate Bank Vs Mr. Fariddin Chand Patel
Advocate Clerk Tukaram present for plaintiff.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 04.03.2025 for Ex-Parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2025
Date: 04-03-2025
Business: None present for plaintiff.
Since 26.04.2024 the matter is time and again adjourned for ex-parte evidence of the plaintiff. Suit is of 2021 and hence, adjourned for dismissal on next date.
Matter stands Adj for dismissal on 26-03-2025.
Next Purpose: DISMISSAL
Next Hearing Date: 26-03-2025
Date: 26-03-2025
Business: Adv. Mahesh Chandanshiv present for plaintiff.
Bank Officer present.
Exh.10- Application filed by plaintiff to remove the matter from dismissal caption.
O- Seen. Allowed.
Draft Chamber Summons filed by plaintiff alongwith Affidavit in support of Chamber Summons.
Perused Chamber Summons and affidavit in support. Heard Ld Advocate appearing for plaintiff. By this Chamber Summons the plaintiff bank wants substitution of its authorised officer with present authorized officer Mr. Mukesh Kumar who is Prabhadevi Branch Manager of the Canara Bank. This being a formal amendment, the chamber stands allowed. The plaintiff to carry out the amendment at respective places as prayed and filed amended plaint within 14 days from today. Reverification stands dispensed with. The Draft chamber Summons stands disposed off and it be registered for statistical purpose.
Matter stands Adj for compliance on 12-06-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2025
Date: 12-06-2025
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2025
Date: 08-09-2025
Business: Adv. Mahesh Chandanshiv for plaintiff present through VC.
On 26.03.2025 Chamber Summons was allowed and plaintiff was permitted to carry out amendment in the plaint. It appears earlier it was a Short Cause Suit No.402/2021 and long back it is transferred to this Court. Exh.1 reflect that amendment in the name of plaintiff bank carried out. However, plaintiff not submitted copy of amended plaint. Put up suit for steps by plaintiff.
Matter stands Adj to 12-11-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-11-2025
Date: 12-11-2025
Business: Adv. Mahesh Chandanshiv for plaintiff present through VC.
Though plaintiff carried out amendment in the plaint but not furnish copy of amended plaint. Hence, plaintiff is directed to submit copy of amended plaint on next date without fail.
Matter stands Adj to 05-01-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2026
Date: 05-01-2026
Business: Adv. Mahesh Chandanshiv for plaintiff present through VC.
Advocate for plaintiff yet not tendered copy of amended plaint. On oral request of advocate for plaintiff, time is granted for filing copy of amended plaint on record as a last chance.
Matter stands Adj to 28-01-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2026
Date: 28-01-2026
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Exh.1/1 Copy of Amended plaint filed by plaintiff.
Matter stands Adj to 23-02-2026 for filing evidence affidavit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-02-2026
Date: 23-02-2026
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Kept back for further chief. Later on at 12.56 pm
Same appearance for plaintiff.
Senior Bank Manager Mr. Mukesh Kumar is present.
O. Oath administered.
Before commencing further examination in chief this court verify evidence affidavit Exh.8 and compilation of documents Exh.9. It appears that document at Sr. No.1 at Exh.9 is original/photocopy of authority letter. Even date is not mentioned and it is not clarify is it original or photocopy. List of documents Exh.9 starts from page No.2 only. So there is reason to believe that original authority letter/resolution is not filed on record though it is mentioned in the list. In absence of authority letter documents can not be exhibited. Such authority letter is not annexed with plaint and evidence affidavit. Hence, Ld. Advocate for plaintiff to take note of above observation and do the needful.
Matter stands Adj to 25-03-2026 for compliance by plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-03-2026
Date: 25-03-2026
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Exh.11 Application filed by plaintiff for production of document.
O. Allowed.
Oath is administered to the witness Mr. Mukesh Kumar Singh on VC.
Kept back for further examination in chief and marking of documents.
Exh.12
:
Verified copy of Power of Attorney
Exh.13
:
Original Loan Application (page no.2 to 15 of Exh.9)
Exh.14
:
Original Sanction Letter dt 16.12.2014 (page No.16 to 22 of Exh.9)
Exh.15
:
Original Composite Hypothecation Agreement dt 16.12.2014 (page No.23 to 44 of Exh.9)
Exh.16 Colly
:
Original Confirmation of Delivery of vehicle dt 16.12.2014 with copy of invoice letter dt 17.12.2014 etc. (page No.45 to 53 of Exh.9).
Art – A
:
Photocopy of Registration Certificate (page No.54 to 60 of Exh.)
Exh.17 Colly
:
Office Copy of Letter dt 31.08.2017, 12.09.2017, 25.10.2018, 29.07.2017 (page No.61 to 67 of Exh.9)
Exh.18 Colly
:
Copy of Letter dt 29.08.2018 and 17.09.2018 (page No 68 to 76 of Exh.9)
Exh.19
:
Legal Notice dt 04.05.2017 along with postal receipts and acknowledgment card.
Exh.20
:
Statement of Account along with Certificate u/s 65-B of Indian Evidence Act and Certificate under Banker’s Books of Evidence Act, etc (page No.79 to 88 of Exh.9)
Further examination in chief is recorded and completed.
As suit is ex-parte. Hence, no cross.
Matter stands Adj to 12-06-2026 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2026
Date: 12-06-2026
Business: Adv. Mahesh Chandanshiv for plaintiff present through VC and inform that plaintiff do not want to did further evidence and also advanced final argument.
Exh.21 Judgment.
FRSR following order is passed
ORDER
1.
The Commercial Suit No.246 of 2021 is partly decreed with costs.
2.
The defendant is directed to pay to plaintiff bank an amount of Rs.6,54,375.80 (Rounded as Rs.6,54,376/-) (Rs.Six Lakhs Fifty Four Thousand Three Hundred and Seventy Six Only) with 18 percent p.a from date of suit till its realization.
3.
The decree be drawn up accordingly.
4.
The Court fees be refunded as per rules.
5.
The R and P be sent to Record Department.
Nature Of Disposal: JUDGMENT
Disposal Date: 12-06-2026