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 submits that summons are not served to defendant. Plaintiff intends to take out an application to serve writ of summons to defendant.
Matter adjd for steps by plaintiff 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: CORAM H.H.J. SHRI. R.V.KOKARE (C.R.31)
Both parties and their advocates are absent when called out.
Adjourned for writ of summons to 21/10/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for writ of summons to 12.01.2021.
Judge
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 adjd to obtain proper steps.
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 17.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
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 22.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Both the parties absent when called out.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Adv. Kalpesh Oza for plaintiff present and filed affidavit of service t.o.r. marked as Exh.3 .
None for defendant
The writ of summons the reissued for service on the defendant.
Matter is adjd.to 06-10-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv. Kalpesh Ozha for plaintiff present and tendered draft C/S with supporting affidavit t.o.r. and Leave is granted to register the C/S.
Matter is adjd.to 10-11-2021 for filing registered C/S.
Next Purpose: FOR___________________
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Adv. S. R. Shetty for plaintiff present and filed original registered C/S No. 1418/21 with supporting affidavit t.o.r.
Heard Adv. S. R. Shetty on C/S No. 1418/21
As the plaintiff bank is merged with Canara Bank as stated in para 2 of supporting affidavit after filing of the suit, the plaintiff is entitled to carry out amendment for correcting the title clause. Hence, C/S No. 1418/21 is made absolute in terms of prayer clause (a). The plaintiff is directed to carry out the amendment in the plaint on or before the next date of hearing. C/S No. 1418/21 is disposed of accordingly.
Matter is adjd.to 20-12-2021 for amendment/compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Vinit Dubey for plaintiff present and filed draft C/S with supporting affidavit t.o.r. and Leave is granted to register the C/S.
Matter is 21-01-2022 for filing registered C/S.
Next Purpose: FOR___________________
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: None for plaintiff.
Matter is adjd.to 10-02-2022 for filing registered ch/s by
the plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Adv. Vinit Dubey for plaintiff present and filed original registered C/S No. 43/22 with supporting affidavit t.o.r.
Heard Adv. Vinit Dubey for plaintiff on C/S No. 43/22.
Considering, bailiff report on writ of summons annexed with affidavit of service Exh. 3, the defendant is living at other address which is not known. Hence, the plaintiff is justified in seeking relief of substituted service. Hence, C/S No. 43/22 is made absolute in terms of prayer clause (a). Issue fresh writ of summons to the defendant for substituted service by way of paper publication in news papers Free Press Journal and Navshakti. C/S No. 43/22 is disposed of.
Matter is adjd.to 30-03-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: None for plaintiff.
Time is extended for service of writ of summons.
Matter is adjd.to 13-06-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: None present when called.
Adjd for writ of summons to 27/07/2022
L O
Adv. S .R. Shetty for plaintiff present.
Exh-4 Affidavit of service tendered by adv. for plaintiff along with copy of newspaper publication. O- Seen and filed.
Defendant absent.
Adjd for passing exparte orders to 27/07/2022
Next Purpose: ORDER
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Vineet Dubey for plaintiff present.
Writ of summons was issued to defendant through paper publication and it was published in newspaper in vernacular languages. The copy of paper cutting is filed along with Exh.4. The summons is duly served to defendant. Defendant is absent. Hence suit to proceed exparte against defendant.
Exh-5 Evidence affidavit of Vinay Kumar Vaidhya filed by plaintiff. O- Read and recorded in evidence.
Exh- 6 List of documents filed by plaintiff.
Exh-7 Copy of Authority letter.
Exh-8 Loan application
Exh-9 Sanction letter.
Exh-10 Composite hypothecation agreement.
Exh-11 Receipt
Exh-12 Undertaking letter.
Exh-13 Authority letter.
Exh-14 Statement of accounts.
Defendant absent hence no cross examination.
Exh-15 Evidence closing pursis filed by adv. for plaintiff. O- R and R
Heard arguments of adv. for plaintiff
Add for exparte judgment to 29/07/20222
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: None for plaintiff.
None for defendant.
Exh- 16 Judgment.
Court pronounced judgment in open court.
FRSR the following order is passed
ORDER
1. Commercial Suit No. 244 of 2021 is decreed with costs.
2. The defendant do pay to the plaintiff an amount of Rs.4,50,583.17ps. (Rs. Four Lakh Fifty Thousand Five Hundred Eighty Three and Seventeen Paise only) along with future interest at the rate of 12 percent per annum from the date of filing of the suit till realization.
3. The defendant shall bear the cost of the suit.
4. Court fee, if any, be refunded to the plaintiff as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 29-07-2022