Date: 19-07-2018
Business: None Present for the Plff.
Issue writ of summons to the Deft. Awaiting report.
Adj. For Affidavit of Service on 07/09/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-09-2018
Date: 07-09-2018
Business: None Present for the Plff.
Adj. For Affidavit of Service on 29/11/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-11-2018
Date: 29-11-2018
Business: Adv. S. R. Shetty Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff filed application for fresh writ of summons. t.o.r.
Order- Heard. Allowed for proper service. Service affidavit be filed.
Adj. For Service affidavit of writ of summons on 30/01/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-01-2019
Date: 30-01-2019
Business: Adv. Shetty Present for the Plff.
Ld counsel for the Plff sought time to file service affidavit. Granted.
Adj. For Service affidavit on 27/03/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Business: Both parties and their counsel absent.
Adj. For Service affidavit on 01/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: None present for plaintiff.
Matter adjd for service affidavit on 03/10/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Adv. S.R. Shetty for plaintiff present.
On the request of Ld. Counsel for plaintiff time is granted for service of suit summons on defendant.
Matter adjd for service affidavit on 04/12/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. S.R. Shetty for plaintiff present.
None for defendant.
He seeks time to file service affidavit.
Matter adjd for service affidavit to 03-04-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-07-2020
Date: 04-07-2020
Business: Lockdown due to COVID-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for service of affidavit to 21/10/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: Both the parties and their advocates absent.
Adjd. for Affidavit of Service to 07.11.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Both parties and their advocates are absent when called out.
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: None for plaintiff and 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. Mr. Kalpesh Oza 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: 11-06-2021
Date: 11-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 13-07-2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Adv. Kalpesh Oza for plaintiff present and filed affidavit of service with original writ of summons t.o.r. marked as Exh.3
None for defendant
Matter is adjd.to 01-09-2021 for (ex-parte) order.
Next Purpose: ORDER
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. Kalpesh Oza for plaintiff present.
Defendant is served with writ of summons as per service affidavit Exh. 3 and bailiff report on writ of summons on 23-11-2019, but he failed to appear. Hence, suit to proceed ex -parte against the defendant.
Matter is adjd.to 16-09-2021 for ex-party evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv. Kalpesh Oza for plaintiff present.
None for defendant
LO
Adv. Kalpesh Oza filed draft C/S for amendment in the plaint with supporting affidavit t.o.r. and leave is granted to register C/S.
Matter is adjd.to 30-09-2021 for filing registered C/S
and reply.
Next Purpose: REPLY
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None for plaintiff.
None for defendant
Matter is adjd.to 22-10-2021 for filing registd C/S & Reply.
Next Purpose: REPLY
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv. S. R. Shetty for plaintiff present and filed original registered C/S No. 1122/21 with supporting affidavit t.o.r.
On perusal of record, it appears that the plaintiff Bank is merged with Canara Bank as per notification mentioned in para 2 of affidavit in support. Hence, proposed amendment is consequential and necessary. Hence, C/S No. 1122/21 is allowed in terms of prayer clause (a). Amendment be carried out in the plaint within 14 days from today.
C/S No. 1122/21 is disposed off.
Matter is adjd.to 17-11-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: None for plaintiff.
Matter is adjd.to 24-02-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv. Vinit Dubey for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 15-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: None for plaintiff.
Matter is adjd.to 01-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Adv. Vinit Dubey for plaintiff along with witness Vinay Kumar Vidhya present and filed evidence affidavit of witness Vinay Kumar Vidhya t.o.r. and marked as Exh. 4
He also filed list of documents t.o.r. and marked as Exh.5
Oath is administered to witness Vinay Kumar Vidhya. He stated on Oath that evidence affidavit Exh.4 bears his signature and contents therein are correct. He also proved documents filed with list Exh.5 and they are Exhibited as under -
Exh. 6 - Copy of the authority letter.
Exh. 7 - Loan application
Exh. 8 - sanction letter
Exh. 9 - composite hypothecation agreement.
Exh. 10 - receipt
Exh. 11- under taking letter
Exh. 12 - authority letter.
Exh. 13 - statement of account.
Exh. 14 - Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 18-04-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv. Vinit Dubey for plaintiff present.
Heard Adv. Vinit Dubey for plaintiff
Matter is adjd.to 26-04-2022 for ex parte judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Adv. Vinit Dubey for plaintiff present.
Court busy in hearing S/J No. 19/22 in Com SU 1268/21 and S/J No. 60/22 in Com Sum Su 33/21.
Matter is adjd.to 29-064-2022 for Ex parte judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: None for plaintiff.
Exh. 15 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 243/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs. 8,83,422.75/- (Rupees Eight Lakhs Eighty-three Thousand Four Hundred Twenty-two and Paise Seventy-five Only) to the plaintiff with further interest @ 11.70 percent p.a. with monthly rest from the date of the suit till the date of realization within three months from the date of decree.
3. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly
Nature Of Disposal: PARTLY DECREED
Disposal Date: 29-04-2022