Date: 12-02-2020
Business: Plff and its Adv absent.
Issue writ of summons on defts.
Matter stands Adj for writ of summons to 27/02/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv Vaibhav Kamble for plff present.
He seeks time to file affidavit of service. Granted.
Matter stands Adj for affidavit of service to 05/03/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: P. O. is on Leave
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 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: Plaintiff absent.
Defendant absent.
Adv.Vaibhav Kamble for plaintiff present
Adv.for defendant absent.
Ld. seeks time to filed affidavit of service granted as last chance.
Matter adjd to 22.02.2021 for service.
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv.Mr.Vaibhav Kamble for plaintiff present.
None present for defendant.
Affidavit of Service, Exh.2 filed by Adv. of plaintiff t.o.r.
Defendant not served. Ld. Adv. seeks time to take steps.
Matter adjd to 10.03.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv.Vaibhav Kamble for plaintiff present.
None present for defendant.
Application, Exh.3 for issuance of fresh writ of summons filed by Adv. of plaintiff t.o.r.
O-Issue fresh writ of summons as prayed.
Matter adjd to 06.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Adv.Vaibhav Kamble for plaintiff present.
None present for defendant.
Matter adjd to 04.05.2021 for awaiting service report.
Next Purpose: REPORT
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 17.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 12/07/2021 for report.
Next Purpose: REPORT
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021. Hence, Matter is adjd to 13.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.30 pm
None present.
Matter adjd to 02.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.10 pm
None present.
Plaintiff is directed to file service affidavit on next date without fail.
Matter adjd to 27.09.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 05.01 pm
None present.
As Court is busy in hearing argument in Com.SU No.122/19, Com.SU No.123/19 and SJ 40/21 and dictating order in chamber summons No.1173/21, 567/21 and 568/21, hence, matter adjourned to 26.10.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 3.30 p.m.
None present.
Matter adjd to 29.11.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 14.02.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv.Vaibhav Kamble for plaintiff present.
None present for defendant.
The plaintiff filed service affidavit a/w. original summons and RPAD packets t.o.r. and marked as Exh.4 (colly.). Read the endorsement on the postal envelope as \''left\'', hence, adjd to 15.03.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv. Mr. Vaibhav Kamble present for plaintiff.
None present for defendant.
On oral request of ld. advocate for the plaintiff, adjournment granted for steps.
Matter adjd to 12.04.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv. Mr. Vaibhav Kamble for plaintiff present.
None present for defendant.
Plaintiff filed application for service by paper publication T.o.r. marked as Exh.5. O- Allowed to issue summons on defendant by paper publication and pasting.
Matter adjd to 15-06-2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Adv Vaibhav Kamble present for plaintiff and filed application Exh.6 for extension of time to file service affidavit.
None present for defendant.
Matter adjd to 27.07.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: None present.
KB LO 12.45.
Adv. Vaibhav Kamble Present for Plff.
None Present for Deft.
Ex.07. adv of plff filed application for extension of time for paper publication. Granted.
Adj. For Service affidavit on 06/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Adv. Vaibhav Kamble Present for Plff.
None Present for Deft.
Ex.08 - Adv of plff filed application for extension of time to serve writ of summons . Granted.
Adj. For Service affidavit on 11/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: None present.
Adj. For Service affidavit on 16/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. Vaibhav Kamble Present for Plff.
None Present for Deft.
Adv of plff seeks time to file service affidavit. Case is for steps and service affidavit since long. As such to have an opportunity last chance granted to file service affidavit.
Adj. For Service affidavit on 12/12/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: By Praecipe
Adv. Vaibhav Kamble present for plff.
Ex.09 - Application for taking matter on today\''s board. - Allowed.
Ex.10 - adv of plff has filed application for extension of time to serve writ of summons. Granted. As the next date is 12/12/2022 and therefore it is not possible to serve summons within short time. Hence next date is changed as 20/01/2023.
Adj. For Service affidavit on 20/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Adv. Vaibhav Kamble hf Adv. Arun Kumar Mishra Present for Plff.
None Present for Deft.
Adv of plff seeks time for filing service affidavit. Granted as a last chance.
Adj. For Service affidavit on 07/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Adv. Vaibhav Kamble for plaintiff present.
None present for defendant.
Exh.11 advocate of plaintiff has filed service affidavit with news paper Free Press Journal and Nav Shakti dtd.18/01/2023 regarding publication of suit summons.
Case adjourned for order against defendant to 03/03/2023.
Next Purpose: FOR___________________
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: None present.
As per service affidavit Exh.11, defendant served with suit summons on 18.01.2023. But he did not appeared, hence suit be proceeded ex-parte against defendant.
Case adjd for ex-parte evidence to 27.03.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv. Vaibhav Kamble Present for Plff.
None Present for Deft.
Adv of plff seeks time to file evidence on the ground that bank officer is not felling well. Granted.
Adj. For Ex-parte evidence on 17/04/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Adv. Vaibhav Kamble I/b Arun Mishra Present for Plff.
None Present for Deft.
Adv of plff seeks time to file evidence. Granted.
Adj. For Ex-parte evidence on 16/06/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: 16.06.2023
15
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 11/2020
Exh 12
Exh 13
Adv. Vaibhav Kamle i/b Arun Misra for plaintiff.
Kept back for evidence affidavit.
L.O. at 1.50 pm
Same appearance.
PW–1 Ashutosh Kumar S/o Rabinranath Varma , Sr. Branch Manager at Bank of India present. Oath given to witness.
Exh 12 - Affidavit in lieu of examination in Chief of PW no. 1.
Exh 13 – List of documents.
Original Authority Letter dtd. 16/06/2023 verified.
Ld. Adv. for plaintiff prayed for time for filing sec. 65 B certificate.
O- Time granted as prayed for.
Adjd to 12/07/2023 for filing sec. 65 B certificate and for marking of documents.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: None present.
KB, LO at 1.40 pm.
Adv. Vaibhav Kamble for plff present.
He orally requested for time to file certificate as per section 65-B of the evidence side.
O-Time granted as prayed for.
Adjd.to 25.07.2023 for Ex-parte evidence (Marking of documents)
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: None present for plaintiff and defendant.
Matter is adj for filing Affidavit u/s.65(b) and
marking of documents to 05.08.2023
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Adv. Vaibhav Kamble for plaintiff is present.
KB
L.O at 03.10 p.m.
Same appearance.
Matter is adj for filing certificate u/sec 65 B to 12/09/2023
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: None present.
Matter is adj for ex-parte evidence to 04/10/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Court is on leave. Hence adj.to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Vaibhav Kamble for plaintiff is present.
Exh.14 Certificate under Section 65-B of the Evidence Act.
Keep Back for marking of documents.
LO Matter is adj. for ex-parte evidence to 12/02/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: None present.
Matter is adj. for ex-parte evidence (marking of documents) to 01/03/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: None present.
Matter is adj. for ex-parte evidence (hearing on marking of documents) to 06/04/2024.
Later on at 01.37 p.m.
Adv. Vaibhav Kamble for plaintiff is present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-04-2024
Date: 06-04-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Kamble for plaintiff is present.
Keep back for marking of documents.
LO at 12.15 pm.
Adv. Kamble for plaintiff is present.
On oral request of plaintiff, matter is adj. for Ex-parte evidence to 15.06.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: Court is on leave. Hence adjd.to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-07-2024
Date: 11-07-2024
Business: None present.
Matter is adj. for ex-parte evidence (hearing on marking of documents) to 20/07/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Date: 05-08-2024
Business: Adv. Vaibhav Kamble for plaintiff is present.
Exh.27 - Evidence Closure pursis filed by ld. Adv of plaintiff.
Matter is adj. for written notes of arguments to 14/08/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: Court is Vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2024
Date: 19-09-2024
Business: Court is Vacant hence adj.to
Next Purpose: ARGUMENTS
Next Hearing Date: 04-10-2024
Date: 04-10-2024
Business: Court is Vacant hence adj. to
Next Purpose: ARGUMENTS
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: Court is vacant hence adj. to
Next Purpose: ARGUMENTS
Next Hearing Date: 19-11-2024
Date: 19-11-2024
Business: Court is vacant. Hence, matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-01-2025
Date: 03-01-2025
Business: None present.
The present Court was vacant since last 4 months. This is the second date and litigants and Ld. Advocates might have not known that the Court is started functioning hence, adjourned.
Matter is adj. for arguments to 28.03.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-03-2025
Date: 28-03-2025
Business: As per office order No. 142 of 2025, dt. 24.03.2025 HHJ is relieved from duties w.e.f 27.03.2025 (A.N.) to attend special programme on NDPS Act, Prevention of Corruption Act and other subjects to be held on on 28th and 29th March, 2025 at Maharashtra Judicial Academy, Uttan, Thane. Hence, matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-06-2025
Date: 19-06-2025
Business: Parties are absent.
Adv. Vaibhav Kamble present for plaintiff and sought time to argue the matter.
Matter is adj. for arguments to 10.07.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-07-2025
Date: 10-07-2025
Business: Parties are absent.
Adv. Vaibhav Kamble present for plaintiff.
None present for defendant.
Today the matter is fixed for final arguments. Heard the ld. Adv of plaintiff. Upon query about service on the defendant it has been informed that service was tried at the first instance through RPAD. Postal department gave remark ‘Left’. There is no service through bailiff though defendant informed to be resident of Mumbai within the jurisdiction of this court. The court posed question whether said service can said to be due and proper service contemplated under the law for proceeding suit ex-parte or under the caption of un-defended suit. No answer is coming hence defendant be served in accordance with the law as per various mode of order V, CPC.
Matter is adj. for steps to 17.11.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-11-2025
Date: 17-11-2025
Business: None present.
Court is busy in passing order in NM No. 6059/2025 in Commercial Suit No. 680/2024 ( Honble High Court suit No. 109/2013 having age of 12 yrs old.) Hence, due to paucity of time matter is adjourned.
Matter is adj. for steps to 10.02.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2026
Date: 10-02-2026
Business: None present.
Matter is adj. for arguments to 16.02.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-02-2026
Date: 16-02-2026
Business: None present.
Plaintiff was directed to take the steps for service of summons upon the defendant as the previous service was not found to be proper on 10.07.2025. Thereafter, plaintiff has not taken the steps. Plaintiff and advocate are absent. Hence, kept for dismissal.
Matter is adj. for dismissal for to 05.03.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 05-03-2026
Date: 05-03-2026
Business: Parties are absent.
Adv. Vaibhav Kamble present for plaintiff.
Exh. - 28. Judgment.
Operative part of Judgment.
1. Commercial Suit No.11 of 2020 is decreed with costs.
2. Defendants shall jointly and severally pay an amount of Rs.5,71,892/- (Rupees Five Lakh Seventy One Thousand Eight Hundred Ninety Two Only) to plaintiff with interest at the rate of 11.45% p.a. from the date of suit till its realization.
3. Decree be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 05-03-2026