Date: 19-07-2018
Business: None for pltff.
None for deft.
Issue Writ of summons.
Matter adjd to 04.09.18 for WOS.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-09-2018
Date: 04-09-2018
Business: Adv. S.r. Shetty for pltff present.
Adv. for deft. absent.
Exh.1 - Plaint
Exh. 2 - Vakalatnama
Exh. 3- Address memo
Exh. 4- List of document.
Exh. 5- Application filed by pltff to issue writ of summons.
Order- Application allowed.
Matter adjd to 12.11.2018 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-11-2018
Date: 12-11-2018
Business: Adv. S.R. Shetty for pltff present.
Adv. for deft. absent.
On oral request time extended for service of writ of summons.
Matter adjd to 23.01.2019 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Both the parties and adv absent.
Matter adjd to 13.3.2019 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-03-2019
Date: 13-03-2019
Business: Court is on leave
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-06-2019
Date: 03-06-2019
Business: None present.
Matter is adjd. for writ of summons on 04.09.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Court is on Leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Advocate S. R. Shetty for plaintiff is present and filed application for extension of time to serve writ of summons at Exh. 06.
O- Allowed. Time is extended till next date
None present for defendant.
Adjourned for writ of summons to 24.03.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Business: National Lockdown
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Business: National Lockdown
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for writ of summons to 02.12.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for writ of summons to 12.01.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: None for plaintiff.
None for defendant
Matter is adjd.to 17-02-2021 for Writ of Summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv Mr. Pradip Vishwakarma for plaintiff, prayed of extension of time for service of summons- Granted.
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 07.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: None for both side.
(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 07.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Kalpesh Ojha for plaintiff present.
Adv. for the plaintiff sought time for filing service affidavit.
Matter is adjd. to 20-09-2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Kalpesh Oza for plaintiff present and filed service affidavit with original writ of summons t.o.r.. and marked as Exh.7. As per bailiff report dtd. 26-03-2021, premises of the defendant is duly served with writ of summons on 26-03-2021.
He also tendered draft CS with supporting affidavit t.o.r. and Leave is granted to register the CS.
Matter is adjd.to 06-10-2021 for filing registered CS
(2.45 pm).
Next Purpose: FOR___________________
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: dv. Kalpesh Ozha for plaintiff present and and filed original C/S No. 1123/21 with supporting affidavit t.o.r.
Heard Adv. Kalpesh Ozha on C/S. The plaintiff filed this C/S for correcting the title clause by bringing present name of the plaintiff after Its merger with Canara Bank. Hence, C/S No. 1123/21 is made absolute in terms of prayer clause (a). The plaintiff is directed to carry out amendment in the plaint as per schedule annexed with C/S within 14 days from today. C/S no. 1123/21 is disposed off.
Matter is adjd.to 17-11-2021 for affidavit of service and
compliance.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: None for plaintiff.
Matter is adjd.to 11-01-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv. Vinit Dubey for plaintiff present.
None for defendant
C/S No. 1123/21 is already allowed on 06-10-2021. Hence, proceeding of C/S No. 1123/21 is closed.
Matter is adjd.to 17-02-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. Vinit Dubey for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 16-03-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Vinit Dubey for plaintiff present.
On perusal of record, it appears that writ of summons was sent to the defendant through Court bailiff and it is duly served on 26-03-2021 as per bailiff report annexed with affidavit of service Exh. 7. The defendant failed to appear. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to 25-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv. Vinit Dubey for plaintiff along with witness Vinay Kumar Vaidhya present and filed evidence affidavit of witness Vinay Kumar Vaidhya t.o.r. and marked as Exh.8
He also filed list of documents t.o.r. and marked as Exh.9
Oath is administered to witness Vinay Kumar Vaidhya . He stated on Oath that evidence affidavit Exh.8 bears his signature and contents therein are correct. He also proved documents filed with list Exh.9 and they are Exhibited as under -
Exh. 10 - Copy of authority letter.
Exh. 11 - Loan application
Exh. 12 - Sanction letter
Exh. 13 - Composite hypothecation agreement.
Exh. 14 - receipt.
Exh. 15 - Undertaking letter.
Exh. 16 - Authority letter.
Exh. 17 - statement of account.
Exh. 18 - Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 02-05-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Adv. Vinit Dubey for plaintiff present.
Heard arguments of ld. Adv. for Plaintiff.
Exh.19 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 212/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs. 5,56,332.76/- (Rupees Five Lakhs Fifty-six Thousand Three Hundred Thirty-two and Paise Seventy-six Only) to the plaintiff with further interest @ 11.25 % 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.
Judge
Nature Of Disposal: PARTLY DECREED
Disposal Date: 02-05-2022