Date: 18-09-2018
Business: None for Plaintiff
None for Defendant
Matter is adjd. to 30/01/2019 for report.
Next Purpose: REPORT
Next Hearing Date: 30-01-2019
Date: 30-01-2019
Business: Adv. Vaibhav Kamble for Plaintiff present.
None for Defendant
Matter is adjd. to 18/03/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Adv.Mr.Vaibhav Kamble for Plaintiff
He requested for adjournment
O-Granted
Matter is adjd. to 14/06/2019 for Report
Next Purpose: REPORT
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Business: Adv for plaintiff Mr.Kamble present
Adv for plaintiff prayed for extension of time for service of summons.
O-Time Extended
Matter is Adjd for Affidavit of Service 19/09/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: P.O. is on leave. Adjd to 19/12/19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Kamble for plaintiff present.
None for defendant present.
Matter adjd to 06/03/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: None present.
Adjd for service to 30-07-2020
Next Purpose: SERVICE
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present.
Adjd to 12-04-2021
Next Purpose: SERVICE
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Both parties are absent when matter called out.
Matter is adjd.to 23-11-2021-2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Advocate Vaibhav Kamble for plaintiff present and
filed application for extension of time for issuing fresh
summons - t.o.r. - Allowed as prayed. Time is extended for
issuing fresh writ of summons to the defendant.
Matter is adjd.to 05-01-2022 for writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Vaibhav Kamble for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 16-02-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: None for plaintiff.
And allowed as prayed. Time is extended for service of writ of summons.
Matter is adjd.to 10-03-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Adv. Vaibhav Kamble for plaintiff present and prayed for
adjournment - short date be given.
Matter is adjd.to 05-04-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv. Vaibhav Kamble for plaintiff present and filed application for extension of time t.o.r. and marked as Exh.2 -Allowed as prayed. Issue fresh writ of summons for service upon the defendant.
Time is extended for service of writ of summons.
Matter is adjd.to 07-06-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Vaibhav Kamble for plaintiff present and seeks time to serve writ of summons.
Time extended for service of writ of summons.
Adjd for writ of summons to 21/07/2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Vaibhav Kamble for plaintiff present.
Matter is referred to Lok Adalat.
Issue notice to both parties to remain present at Lok Adalat to be held on 13.08.2022
Adjd for Lok Adalat to 13.08.2022
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: None present.
Adjd to 22/08/2022.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Vaibhav Kamble for plaintiff present.
Adjd for affidavit of service to 03/10/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: None present when called.
Adjd for affidavit of service to 16/11/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: None present when called.
Plaintiff to file affidavit of service on next date failing which further orders will be passed.
Adjd for affidavit of service to 12/12/2022
L. O
Adv. Vaibhav Kamble for plaintiff present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Adv. Vaibhav Kamble for plaintiff present.
Adjd for affidavit of service to 27/01/2023
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv Vaibhav Kamble for plaintiff is present and sought time for filing affidavit of service. Granted.
None for defendant.
Case is adjourned for affidavit of service to 03-03-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: Adv. Pushpa Thapa for plaintiff is present and sought time for filing affidavit of service. Granted.
None for defendant.
Case is adjourned for affidavit of service to 06-04-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: PO on leave. Board discharged.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: P. O. is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Bank of India Vs 1. M/s. S. S. Bear abd Wine Shop 2. Mr. Shivanand Monappa Kyasaram
Adv. Vaibhav Kamble present for plaintiff.
Exh.3 - Application filed by plaintiff for extension of time.
Order - Allowed time as extended.
Matter adjourned to 10.01.2024 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Bank of India V/s S. S. Bear abd wine
Adv. Vaibhav Kamble present for plaintiff.
Plaintiff to take steps regarding service.
Case adjourned to 18. 03.2024 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-03-2024
Date: 18-03-2024
Business: Plaintiff called but absent.
Plaintiff to take steps.
Suit adjourned to 25.07.2024 for Steps.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: Plaintiff side called, but absent.
Suit is of 2018, plaintiff to take steps.
Suit is adjourned to 13.11.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-11-2024
Date: 13-11-2024
Business: Matter pertains to CR No.31
Plaintiff side called, but absent.
Defendant side called, but absent.
Suit adjourned to 07.12.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-12-2024
Date: 07-12-2024
Business: Adv. Vaibhav Kamble present for plaintiff.
Exh.4 - Plaintiff filed Affidavit of Service.
Suit adjourned to 02.01.2025 for Order on Exh. 4.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-01-2025
Date: 02-01-2025
Business: Bank of India Vs 1. M/s. S. S. Bear abd Wine
Adv. Vaibhav Kamble present for plaintiff.
Perused affidavit of service at Exh.04. As per said affidavit, defendant no.1 is served by RPAD Suit summons on 19.07.2022.
Through same affidavit, plaintiff stated that, RPAD Suit summons is returned from address of defendant no.2 with postal endorsement as left.
Plaintiff argued that, defendant no.2 is proprietor of defendant no.1. Hence, service on defendant no.1 should be considered as service on defendant no.2.
Perusal of Para no.2 of the Plaint shows that, plaintiff has pleaded defendant no.2 is proprietor of defendant no.1.
Considering these facts, following Order is passed-
Till date, both defendants have not filed appearance before this Court.
Today, both defendants called, but absent.
Hence, Suit to proceed Ex-parte against both defendants.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
For convenience of Lawyers and Litigants, this Order is being uploaded in PDF format.
Suit adjourned to 03.02.2024 for ex-parte evidence.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-02-2025
Date: 03-02-2025
Business: Persuant to notification no. A-1201/2025 dated 27.01.2025, by Honble Bombay High Court of Judicature, Appellate Side, Bombay, the Presiding Officer of this Court has been transferred and Successor Presiding Officer has joined today at 1.00 p.m. Hence, except matters at Sr. Nos. 5 to 9 and Sr. Nos. 13 to 15 rest of the board is discharged.
Plaintiff side called, but absent.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 21.03.2025 for ex-parte evidence.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-03-2025
Date: 21-03-2025
Business: Adv. Vaibhav Kamble for plaintiff present.
Ld. advocate appearing for the plaintiff through VC is seeking long adjournment for filing ex-parte evidence. For last two dates matter was adjourned for ex-parte evidence. As a last chance, matter stands Adj to 13-06-2025 for ex-parte evidence subject to costs of Rs.3,000/- payable to DLSA, Mumbai within one week from today.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-06-2025
Date: 13-06-2025
Business: Court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-08-2025
Date: 04-08-2025
Business: Adv. Vaibhav Kamble for plaintiff present.
Cost of Rs.3,000/- was already imposed on plaintiff as per noting in roznama dated 21.03.2025. Plaintiff has not complied said order and advocate for plaintiff submit that he want some more time to file affidavit and documents on record. Hence, submission is rejected. Put up suit for dismissal order and payment of costs dated 21.03.2025.
Matter stands Adj to 08-10-2025 for payment of costs/dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 08-10-2025
Date: 08-10-2025
Business: Adv. Vaibhav Kamble for plaintiff present.
Exh.5 Application filed by plaintiff for reduction of costs
Order- Heard advocate for plaintiff who submit that plaintiff is a bank and due to frequent transfer of branch manager, it was not possible to tender evidence affidavit and compilation of documents in this ex-parte suit. I have gone through record which shows that on 21.03.2025 the then Presiding Officer imposed costs of Rs.3,000/- payable to DLSA, Mumbai within one week. That period has already lapsed and till this date plaintiff neither tender evidence nor even applied for substitution of its branch manager. Only because plaintiff is a bank that can not be a reason to reduce costs. Application being devoid of merit stands rejected.
Today, as well plaintiff failed to tender evidence affidavit and compilation of documents so put up suit for dismissal order.
Matter stands Adj to 23-12-2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 23-12-2025
Date: 23-12-2025
Business: Adv. Vaibhav Kamble for plaintiff present.
Plaintiff not deposited costs as per order dated 21.03.2025. Plaintiff not even applied for extension of time to comply this order. Advocate for plaintiff proposed to tender evidence affidavit and compilation of documents on record. However, it is directed that unless costs paid evidence affidavit and compilation will not be taken on record.
Kept back for depositing costs. Later on at 12.35 pm.
Same appearance for plaintiff.
Exh.6 Application for extension of time to deposit costs.
O. Allowed, three weeks time is granted.
Advocate for plaintiff presented Evidence Affidavit of Mr. Sachin Aggrawal and Compilation of documents without authority letter of Bank Officer, it will be taken on record subject to depositing costs within time.
Matter stands Adj to 12-02-2026 for compliance/dismissal order.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-02-2026
Date: 12-02-2026
Business: Adv. Vaibhav Kamble for plaintiff present.
Exh.-7 Application filed by plaintiff for permission to deposit cost.
O- Allowed.
Authenticated copy of roznama be issued for compliance.
Matter stands Adj to 09.03.2026 for further examination in chief and marking of documents.
Later on at 1.00 pm
Same appearance.
Exh.8 Compliance pursis filed by plaintiff.
Plaintiff deposited cost.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2026
Date: 09-03-2026
Business: Adv. Vaibhav Kamble for plaintiff present.
Bank officer Mr. Sachin Aggrawal is present.
Exh.9 Application along with authority letter filed by plaintiff.
As plaintiff filed original authority letter. Hence, evidence affidavit and compilation of documents is taken on record.
Exh.10 Affidavit in lieu of examination in chief filed by the plaintiff.
O. Read and recorded.
Exh.11 List of documents filed by the plaintiff.
O. Seen and filed.
Matter is referred to Lok Adalat.
Plaintiff is directed to inform defendant about this reference.
Matter stands Adj to 14-03-2026 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-03-2026
Date: 14-03-2026
Business: None present.
Matter stands Adj to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2026
Date: 06-04-2026
Business: None for plaintiff.
None for defendant.
Matter stands Adj to 12/06/2026 for further examination in chief and marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-06-2026
Date: 12-06-2026
Business: Adv. Vaibhav Kamble for plaintiff is present.
Matter stands Adj to 20-07-2026 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-07-2026
Date: 20-07-2026
Business: None present for plaintiff.
O- As suit is ex-parte, the following documents are marked as exhibit.
Art-A Loan Application
Art-B Sanction Letter dated 23.06.15
Exh.12 Demand Promissory Note dated 15.07.2015
Exh.13 Hypothecation Agreement dated 15.07.2015
Art-C Copy of the Certificate of Registration issued by RTO.
Exh.14 Acknowledgment of Debt/Securities Letter dated 16.11.2017
Art-D Copy of Legal Notice dated 20.01.2018
Art-E Tracking report (filed in plaint)
Exh.F A. D. Card (filed in plaint)
Art-G Copy of Statement of Account
Exh.15 Particulars of claim.
Matter stands Adj to 07-08-2026 for further evidence/argument.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2026
Date: 07-08-2026
Business: PO IS ON LEAVE
ADJD TO
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2026
Date: 08-09-2026
Business: None present for plaintiff.
Matter stands Adj to 08-10-2026 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2026