Date: 03-02-2020
Business: Adv for plaintiff Ms.Shayma Parkar present.
None for the defendant.
Exh 02 Adv filed application for extension of time for issuance of summons. O-Time extended till next date.
Matter is Adjd for Affidavit of Service to 26.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv for plaintiff Ms.Sawant present.
None for the defendant.
Adv for plff. filed Affidavit of Service.
Adv for plff. prayed for issuance of fresh writ of summons upon deft no.1.
O-Issue fresh writ of summons upon deft no.1 as prayed.
Matter is Adjd for Affidavit of Service to 30.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: Affidavit of Service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: As the Court is on leave Board in discharged and the matter stands
adjd. to 29.10.2020 for affidavit of serivce.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 12/11/2020 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 10.12.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 11.01.2021 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 01.02.2021 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: None present.
Matter adjd to 18.02.2021 for affidavit of service.
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv.Dhaval Visawadia i/b.Nainesh Amin for plaintiff present.
None present for defendant.
Ld. Adv. seeks time to file affidavit of service. Time granted.
Matter adjd to 10.03.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv.Dhaval Visawadia for plaintiff present.
None present for defendants.
On 26.02.2020 the adv. of plaintiff had filed affidavit of service of writ of summons. The roznama only points out filing of affidavit of service, but the affidavit is not marked as exhibit. Today it is marked as Exh.3.
The affidavit dated 26.02.2020, Exh.3 shows that the defendant No.2 is served. She has not appeared in the suit till date. Suit to proceed ex-parte against defendant No.2.
Adv. of plaintiff filed affidavit of service of writ of summons, Exh.4 t.o.r.
The affidavit shows that the defendant No.1 is not served.
Ld. Adv. seeks time to take steps to defendant No.1.
Matter adjd to 24.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv.Sumedha Sawant for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application for issuance of fresh summons, Exh.5 t.o.r. O-Issue fresh summons to defendant No.1.
Matter adjd to 26.04.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 22.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: REPORT
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv.Sumedha Sawant i/b. Adv.Nainesh Amin for plaintiff present.
None present for defendant.
The plaintiff tendered original and fresh writ of summons, Exh.6 (colly.) and service affidavit of writ of summons for defendant No.1, Exh.7 t.o.r.
Order on Exh.5 - filed.
Matter adjd to 30.08.2021 for ex-parte order against deft.1.
Next Purpose: ORDER
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.59 pm
Adv.Dhaval Viswadia i/b.Nainesh Amin and Associates for plaintiff present.
Read the service affidavit, Exh.7. Original writ of summons, Exh.6 colly. The acknowledgement card, Exh.A annexed to service affidavit, Exh.7. The defendant No.1 is duly served with the suit summons. He remained absent and also failed to file the written statement. Suit to proceed ex-parte against defendant No.1. Suit is already proceeded ex-parte against defendant No.2 vide order in roznama dated 10.03.2021.
Matter adjd to 23.09.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.17 pm
Adv.Dhaval Visawaha i/b.Nainesh Amin for plaintiff presnet and orally requested time for filing affidavit of evidence. Time granted.
Matter adjd to 20.10.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv.Nainesh Amin for plaintiff present.
None present for defendant.
KB for filing affidavit of evidence.
LO at 11.50 pm,
Adv.Nainesh Amin for plaintiff present.
Affidavit of evidence, Exh.8 of PW-1, Ms.Rashmi Kumari filed by adv. of plaintiff t.o.r. It is read and recorded.
List of documents, Exh.9 t.o.r.
True copy of Power of Attorney, Exh.10. (Original is returned to the witness.)
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr.No.2 is copy of letter of sanction dated 31.01.2014 (page No.13-15). It is marked as Exh.11.
2. The document at Sr. No.3 is the original General Term Loan Agreement for Rs.10,00,000/- dated 31.01.2014 (page No.16-20). It is marked as Exh.12.
3. The document at Sr. No.4 is the original letter of continuity executed by defendants dated 31.01.2014 (page No.21). It is marked as Exh.13.
4. The document at Sr. No.5 is original demand promissory note for Rs.10,00,000/- dated 31.01.2014 (page No.22). It is marked as Exh.14.
5. The document at Sr. No.6 is the original letter of undertaking from the borrower executed by defendants dated 31.01.2014 (page No.23). It is marked as Exh.15.
6. The document at Sr. No.7 is the original Agreement on rate of interest dated 31.01.2014 (page Nos.24 to 27). It is marked as Exh.16.
7. The document at Sr. No.8 is the original Memorandum of Deposit of Title Deed executed by defendants dated 31.01.2014 (page No.28 to 32). It is marked as Exh.17.
8. The document at Sr. No.9 is original Agreement for sale between M/s.Shivam Enterprises a partnership through its partner Shri.Nilesh S. Shah and Shri.Shailesh K. Kumawat (ii) Mrs.Varjudevi S. Kumawat dated 03.09.2007 (page No.33 to 61). It is marked as Exh.18.
9. The document at Sr. No.10 is original agreement for sale between Shri.Shailesh K. Kumawat (ii) Mrs.Varjudevi S. Kumawat and Shri.Vishwanath Jagannath Pardeshi and Mrs.Neeta Vishwanath Paradeshi dated 28.12.2012 (page No.62 to 99). It is marked as Exh.19.
10. The document at Sr. No.11 is original receipt of registration of Notice of Intimation of Mortgage dated 20.02.2014 (page No.100). It is marked as Exh.20.
11. The document at Sr. No.12 is original letter from Shiv Ganesh CHS Ltd. dated 30.01.2014 (page No.101-102). It is marked as Exh.21.
12. The document at Sr. No.13 is original debit balance confirmation letter dated 23.08.2018 executed by defendant No.1. (page No.103). It is marked as Exh.22.
13. The document at Sr. No.14 is original advocates notice dated 18.07.2018 addressed to the defendants a/w. the RPAD receipts (Page No.104-108). It is marked as Exh.23.
14. The document at Sr. No.15 is copy of letter dated 23.08.2018 addressed by the defendant No.1 to the plaintiff (page No.109). It is marked as Article-X.
15. The document at Sr. No.16 is office copy of demand notice u/S.13(2) of SARFAESI Act issued by the plaintiff to the defendants dated 05.11.2018 a/w. postal acknowledgement card (page No.110 to 112). It is marked as Exh.24.
16. The document at Sr. No.17 is copy of plaintiff statement of the defendants account alongwith three certificates under The Bankers Books of Evidence Act, 1891 as amended by the Information Technology Act, 2000 (page No.113 to 120). It is marked as Exh.25.
17. The document at Sr. No.18 is the particulars of plaintiffs claim (page No.121). It is marked as Exh.26.
Suit is ex-parte, hence, no cross.
Matter adjd to 08.11.2021 for further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.40 pm
None present.
KB
LO at 02.53 pm,
None present for plaintiff.
Matter adjd to 20.11.2021 for further evidence.
Judge
LO at 03.10 pm,
Adv.Sumedha Sawant i/b.Nainesh Amin for plaintiff present.
Evidence close pursis, Exh.27 filed by Adv.of plaintiff t.o.r.
Matter adjd to 20.11.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv.Sumedha Sawant i/b.Adv.Nainesh Amin for plaintiff present.
None present for defendant.
KB
LO at 11.29 am,
Adv.Sumedha Sawant i/b.Adv.Nainesh Amin for plaintiff present.
Heard the Ld.Adv.for the plaintiff. In the argument it is noticed that certain amount has been deposited by the defendants, during the pendancy of the suit. It appears that there are chances of settlement. The plaintiff\''s advocate wants to take instructions from the plaintiff, hence, adjourned for judgment/steps regarding settlement on 26.11.2021.
Next Purpose: JUDGMENT
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv.Sumedha Sawant i/b.Nainesh Amin for plaintiff present.
None present for defendant.
The Ld.Adv.fo the plaintiff submits that the defendants are not in contact and hence, their cannot be settlement terms.
ORDER
Issue notices to the plaintiff and defendants inviting them for lok-adalat on 11.12.2021. The plaintiff to provide email address of the defendants if available.
Matter adjd to 11.12.2021 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021
Date: 11-12-2021
Business: Matter pertains to C.R. No.32
Adv for plaintiff present.
None present for defendant .
Matter adjd to 11/01/2022.
Mrs. Savita Randhe Ms.Priya Laud S.P.Agarwal
Panel Member Panel Member Panel Head
Next Purpose: FOR APPERANCE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv.Dhaval Visawadia i/b.Adv.Nainesh Amin for plaintiff present.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 25.01.2022 for argument/judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: P.,O. is on leave hence, matter adjd. to 31/01/2022 for
Next Purpose: ARGUMENTS
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Adv. Zulfiq Multani i/b Nainesh Amin present for plaintiff.
None present for defendant.
KB for order.
As steno is not available hence matter adjd to 09.02.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: None present .
In view of SOP dated 6.1.2022, matter adjd to 21.02.2022 for argument/Judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: None present for plaintiff.
None present for defendant.
KB for argument.
LO at 03.10 pm,
Adv.Sumedha Sawant i/b.Adv.Nainesh Amin for plaintiff present.
Heard the plaintiff.
Matter adjd to 03.03.2022 for filing citation.
Next Purpose: CIATATION
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
L.O. at 11.58 a.m.
Adv. Sumeedha Sawant i/b Nainesh Amin for the plaintiff present.
None for defendant.
The plaintiff filed citations. Heard argument of ld. advocate for the plaintiff.
Matter adjd to 19.03.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv.Sumedha Sawant i/b.Adv.Nainesh Amin for plaintiff present
None present for defendant.
KB
LO at 05.30 pm,
None present.
As Court is busy in dictating judgment in Com. SU No.1014/2021 and Com.SU No.476/2020 and order in Com.SU 109/2021, hence, matter adjourned.
Matter adjd to 01.04.2022 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: None present for plaintiff.
None present for defendant.
Judgment is dictated and pronounced in open Court.
F.R.S.R. following order is passed
ORDER
1. Suit is decreed with costs.
2. The defendants do pay to the plaintiff jointly and severally an amount of Rs.7,70,419.38ps (Rupees Seven Lakhs Seventy Thousand Four Hundred Nineteen and Thirty Eight Paise Only) alongwith interest @ 12.85% p.a. from the date of filing of suit till its realisation.
3. It is declared that outstanding amount against the loan is validly secured in favour of the plaintiff Bank by mortgage of the defendants in respect of Flat No.302, Building No.8, Shiv Ganesh Co-operative Housing Society Ltd. situated at Village-Ambernath, District-Thane. The plaintiff is entitled to recover the outstanding amount of loan in accordance with the mortgage.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 01-04-2022