Date: 14-01-2022
Business: Adv. Ankit Tiwari for plaintiff present. He sought extension of time for service of writ of summons.
O. - Extension of time for service of writ of summons is granted.
The matter is adjd for affidavit of service to 23.02.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv. Archana Bhor for plaintiff present. She prayed for extension of time for service of writ of summons. O. - Extension of time for service of writ of summons is granted.
The matter is adjd for affidavit of service to 25.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv. Archana Bhor for plaintiff present. She sought time for filing service affidavit. Time as prayed for is granted.
The matter is adjd for affidavit of service to 28.04.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Date: 29-06-2022
Business: Adv. Archana Bhor for plaintiff present. She prayed for extension of time for service of writ of summons.
O. - Extension of time for service of writ of summons is granted.
The matter is adjd for affidavit of service to 05.08.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: None present.
The matter is adjd for filing service affidavit to 29.08.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: Adv. Ashwin Mishra for plaintiff present. He sought time for filing service affidavit. Time as prayed for is granted.
The matter is adjd for affidavit of service to 11.10.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: The Court is Vacant.
Hence Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: The Court is Vacant. Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Matter pertains to C.R. 14
Adv. Shrivesh Upadhyay for plff. present.
Exh.3 Advocate of plaintiff has filed application for extension of time to serve with suit summons-Granted.
Case adjourned for service affidavit to 27.03.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Matter pertains to C.R. No.14
Adv. Sandeep Shukla for plaintiff present.
None for defendant.
Exh.4 Adv. for plaintiff tendered affidavit of service of writ of summons alongwith original writ of summons. O- seen.
The Postal packet is returned with remark as unclaimed.
Case is adjourned to 18.04.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: As court is vacant.
Next Purpose: ORDER
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Matter pertains to C.R. No. 14.
Adv. Sandeep Shukla i/b V.B. Tiwari and Co for plaintiff is present.
None for defendants.
Heard ld adv for plaintiff on the point of passing order against the defendant.
Case is adjourned for exparte order to 30-06-2023.
Next Purpose: ORDER
Next Hearing Date: 30-06-2023
Date: 30-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: ORDER
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Matter is received under transfer from Court Room No.14
All called, but absent.
Perused roznama Dt. 27.03.2023 and 04.05.2023.
Affidavit of service at Exh.4 mentions that, the summons has been not claimed by the defendant No. 1 on 23.03.2023 and defendant No. 2 on 27.03.2023.
Today both defendants called, but absent.
Suit to proceed Ex-parte against both defendants.
Plaintiff to take steps regarding Ex-parte evidence.
Matter adjourned to 01.11.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: Union Bank of India V/s S. S. Fabrications
Adv. Archana Bhor present for plaintiff.
She is seeking oral adjournment to lead Ex-parte evidence by next date.
Case adjourned to 05.02.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-02-2024
Date: 05-02-2024
Business: Adv Kalyani Pate a/w Adv Arti Chavan for plaintiff present.
She filed draft CS along with affidavit in support of it.
O- Leave to register is granted.
Matter stands Adj for CS on 07/03/2024.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: Adv Manjula Chigari for plaintiff present.
She tendered registered CS 311/2024. t.o.r.
Heard the Ld. Adv for plaintiff.
Order below Chamber Summons no. 311 of 2024 -
By way of present Chamber Summons the plaintiff wants to bring new authorized signatory in the place of earlier authorized signatory on record. It is submitted that the earlier authorized signatory namely Mr. Ravi Goyal has been transferred with effect from 05/02/2024 to another branch and in place of him new authorized signatory Shri. Shashi Bharadwaj has been appointed. Therefore, the plaintiff wants to amend the plaint to that effect. Hence, considering the submission and the fact that it is not going to change the nature of suit, I passed the following order -
1. Chamber Summons no. 311 of 2024 stands allowed and made absolute in terms of prayer clause.
2. The plaintiff to carryout amendment within 14 days from the date of order as per schedule.
3. The plaintiff to file amended copy of plaint on record.
4. CS stands disposed of.
Matter stands Adj for Compliance on 21/03/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-03-2024
Date: 21-03-2024
Business: Adv Archana Bhor h/f Adv V. B. Tiwari for plaintiff present.
She filed an application for extension of time to carryout amendment. t.o.r. marked as Exh. 05. O- Seen.
Considering the request, last chance of one week granted to carryout the amendment.
Matter stands Adj for Compliance on 28/03/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: P. O. is on Leave in First Session
Adv Manjula Chigari for plaintiff present.
Matter stands Adj for Compliance on 22/04/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: P. O. is on Training.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-05-2024
Date: 09-05-2024
Business: None present for plaintiff.
Matter stands Adj for filing amended copy of plaint on 25/06/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: Adv V. B. Tiwari for plaintiff present.
KB
LO at 1.26 pm
same apeparance for plaintiff.
Ld. Adv for plaintiff filed amended copy of plaint. t.o.r. marked as Exh. 1A. O- Seen.
Matter stands Adj for filing Ex-parte Evidence on 30/07/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-07-2024
Date: 30-07-2024
Business: None present for plaintiff.
KB
LO at 12.23 pm
None present for plaintiff.
Matter stands Adj for Ex-parte Evidence on 09/08/2024.
LO at 12.52 pm
Adv Archana Bhor for plaintiff present.
PW 01 Shashi Bharadwaj present.
Ld. Adv for plaintiff filed affidavit of examination-in-chief of PW 01. t.o.r. marked as Exh. 05. O- R and R.
She also filed list of documents. t.o.r. marked as Exh. 06. O- Seen.
Oath administered to the witness.
He admits the contents of affidavit of examination-in-chief as true and correct. It bears his signature.
Heard Ld. Adv for plaintiff on marking of documents.
Document at Sr. no. 1 is an Original Loan Application is marked as Exh. 07.
Document at Sr. no. 2 is an Original Sanction Letter is marked as Exh. 08.
Document at Sr. no. 3 is an Original Agreement of Term Loans marked as Exh. 09.
Document at Sr. no. 4 is an Original Letter of Undertaking / Declaration from the Borrower(s) marked as Exh. 10.
Document at Sr. no. 5 is an Original Agreement of Hypothecation marked as Exh. 11.
Document at Sr. no. 6 is an Original Demand Promissory Note marked as Exh. 12.
Document at Sr. no. 7 is an Original Take Delivery Letter to D.P.N. marked as Exh. 13.
Document at Sr. no. 8 is an Original Guarantee Agreement marked as Exh. 14.
Document at Sr. no. 9 is Copy of Legal Notice marked as Exh. 15.
Document at Sr. no. 10 is Copy of Statement of Account marked as Exh. 16.
Document at Sr. no. 11 is Certificates under the Banker\''s Book of Evidence Act, IT Act and NPA Certificate marked as Exh. 17 collectively.
Ld. Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 18.
Matter stands Adj for Arguments on 09/08/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: Adv V. B. Tiwari for plaintiff present.
Heard.
Exh 19 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No. 1321/2021 is decreed with Costs.
2. Defendants does pay jointly and severally an amount of Rs. 4,90,360/- together with interest at the rate of 9.85 percent per annum from the date of filing of suit till its full realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No. 1321/2021 disposed off accordingly.
Nature Of Disposal: DECREED
Disposal Date: 09-08-2024
