Date: 07-12-2019
Business: None present.
Issue Writ of summons against defendant for settlement of issues and filing W/s within prescribed period.
Adjourned to 6.01.2020 for service report.
LO
Adv. Mahesh Chandanshive for plaintiff present.
He prayed for extension time for service of Writ of summons
O_ Time is extended.
Adjourned to 7.01.2020 for service report.
Next Purpose: SERVICE
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Service report is awaited.
Adjourned for service report to 22.01.2020
Next Purpose: SERVICE
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: None present.
KB
LO
Adv. Kishori Tribhuvan for plaintiff present.
She sought time to file service report.
O- Time is granted.
Adjourned for service report to 4.02.2020
Next Purpose: SERVICE
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv Mahesh Chandanshive for plff present.
He seeks time to file affidavit of service. Granted.
Matter stands Adj for affidavit of service to 15/02/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Adv Mahesh Chandashiv for plff present.
He seeks time to file affidavit of service. Granted.
At request of Adv for plff, matter stands Adj for affidavit of service to 25/02/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv Chandanshive for plff present.
He filed affidavit of service on deft through speed post. t.o.r. It appears that summons is duly served on deft on 03/01/2020. Deft is absent.
Matter stands Adj for Ex-parte order to 03/03/2020.
Next Purpose: ORDER
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv Mahesh Chandanshiv for plff present.
Summons is duly served on deft on 03/01/2020.
Since then deft remain absent.
Today case is fixed for ex-parte order against deft.
Hence deft proceeded ex-parte.
Matter stands Adj for ex-parte evidence to 16/03/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Adv. Chandanshiv for plaintiff present.
None for defendant.
Matter adjd to 8/4/2020 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-11-2020
Date: 05-11-2020
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 11.11.2020 for EX-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-11-2020
Date: 11-11-2020
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 04.12.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 18/12/2020 for ex-parte evidence.
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 19.01.2021 for Ex-party evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 11.02.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
Ld.Adv.seeks to place the matter on 16.02.2021 as other matters are also placed. Put up on 16.02.2021.
Matter adjd to 16.02.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
KB
LO
Adv.Mahesh Chandanshiv for plaintiff present.
Draft chamber summons a/w. affidavit of draft chamber summons filed by Adv.of plaintiff t.o.r. O-Leave granted to register draft chamber summons.
Heard Ld. Adv. for the plaintiff. The contentions in the chamber summons that the suit was filed initially in the name of Syndicate Bank. The Syndicate Bank now amalgamated with Canara Bank. It is the case of the plaintiff that the Syndicate Bank now functions as Canara Bank. The plaintiff accordingly has sought to amend the plaint. The amendment would not prejudice the defendant. In the interest of justice the amendment is to be allowed.
ORDER
1. The draft chamber summons is allowed.
2. The plaintiff is directed to carry out the amendment within two weeks from today.
3. Draft chamber summons be disposed of.
4. Draft chamber summons be registered for statistical purpose.
Matter adjd to 02.03.2021 for Compliance.
LO
Registered Chamber Summons No.331/2021 received from board department which is already disposed of.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application, Exh.2 for extension of time to carry out amendment t.o.r.
O-Time granted till 23.03.2021 to carry out the amendment.
Matter adjd to 23.03.2021 for amendment.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv.Mahesh Chandanshive for plaintiff present.
None present for defendant.
Matter adjd to 08.04.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None present.
Matter adjd to 27.04.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 14.06.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 28.06.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 12.07.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
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 10.08.2021 for ex-parte hearing.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.01 pm
None present.
Matter adjd to 22.09.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: None present for plaintiff.
None present for defendant.
K.B. L.O. at 4.15 p.m. None present. The plaintiff remained absent. No evidence filed. Keep for order against the plaintiff.
Matter adjd to 04.10.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Mahesh Chandanshiv present for plaintiff.
None present for defendant.
The plaintiff filed application for extension of the time to serve the summons Exh.3. O - Issue fresh suit summons, time is extended for service.
Matter adjd to 16-11-2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
KB
LO at 02.06 pm,
Adv.Mahesh Chandanshiv for plaintiff present.
The plaintiff filed adjournment application for time to adduce evidence, Exh.4 t.o.r. O-Time granted.
Matter adjd to 17.12.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
On oral request adjd for ex-parte evidence as last chance on 17.01.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 15.02.2022 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application, Exh.5 for adjournment t.o.r.
O-Granted.
Matter adjd to 11.03.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
Plaintiff filed application for adjournment t.o.r. and marked as Exh.6.
Heard the Ld. advocate for plaintiff. KB for order.
LO at 02.58 pm,
Adv.Mahesh Chandanshiv for plaintiff present.
ORDER ON EXH.6
Last chance granted, in default of filing of affidavit of evidence order of dismissal of suit shall follow.
Matter adjd to 05.04.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: None present for plaintiff.
None present for defendant.
KB for evidence.
LO at 12.20 pm,
Adv.Mahesh Chandanshiv for plaintiff present.
The plaintiff filed statement of truth t.o.r. and marked as Exh.7.
The plaintiff filed affidavit of evidence of Mr.Kumar Ranjan (PW-1) t.o.r. and marked as Exh.8. Oath is affirmed.
The plaintiff filed list of compilation of documents t.o.r. and marked as Exh.9.
The plaintiff filed certificate u/S.65B of the Indian Evidence Act t.o.r. and marked as Exh.10.
The plaintiff filed application seeking leave to adduce secondary evidence t.o.r and marked as Exh.11.
Heard the Ld.Adv.for the plaintiff on application Exh.11.
ORDER BELOW EXH.11
Read the application, read the reasons for leading the secondary evidence. The plaintiff contents that documents are misplaced, hence, in view of Section-65 of the Evidence Act, the plaintiff is allowed to lead secondary evidence with respect to the documents stated in the application. Accordingly, I pass the following order.
ORDER
1. Application Exh.11 is allowed.
2. The plaintiff is allowed to lead secondary evidence in respect of documents stated in the application, Exh.11.
Matter adjd to 29.04.2022 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on Leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
None Present for Deft.
KB 2.45 pm.
Heard adv of plff on the point of marking of document. As per order below Ex.11 plff is allowed to lead secondary evidence of the documents :- process note dt. 07/10/2015, sanction letter dt. 07/10/2015, Process note dt.06/10/2015, Invoice dt.09/09/2014 , acknowledged of debt dt.14/02/2018. Considering this fact documents referred in chief examination of PW-1 which are filed with list Ex.09 are exhibited as under.
Ex.12- Power of attorney dt. 01/04/2016.
Ex.13- Loan application dt. 09/01/2015.
Ex.14- Process note dt. 07/10/2015.
Ex.15- Composite hypothecation agreement dt.28/09/2015.
Ex.16- Loan application.
Ex.17- Sanction letter dt. 09/10/2015 with process note dt.06/10/2015.
Ex.18- Composite hypothecation agreement dt. 09/10/2015 along with letter dt. 09/10/2015.
Ex.19- Confirmation of money and Invoice dt.09/09/2015.
Ex.20- Notice dt.21/02/2019.
Ex.21- Mediation Form dt. 15/03/2019 with report dt.15/07/2019.
Ex.22- Statement of account.
Ex.23- Certificate under section 2A(a) of the Banker’s Book of Evidence Act.
Ex.24- Certificate under section 2A(b)(c) of the Banker’s Book of Evidence Act.
Ex.25- Certificate of Notional Interest of NPA account.
Case proceeded Ex-parte against deft. Hence no cross of PW-1.
Ex.26- Adv of plff filed evidence closure pursis.
Adj. For Argument on 21/07/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
None Present for Deft. Ex-parte.
Heard argument adv of plff.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay Rs.5,85,323/- with interest @ 10.20% p.a. from the date of suit till realisation amount to the plaintiff.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 21-07-2022