Date: 02-01-2020
Business: Matter pertains to C.R. No.31
plaintiff absent.
Defendant absent.
Adv. for plaintiff present.
Adv. for defendant absent.
Matter is adjd. to 16.01.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Advocate Adish Babu for plaintiff is present and filed service affidavit served on the defendant dated 06.01.2020.
None present for defendant.
Plaint.
V/P
Memorandum of address.
List of documents.
Service affidavit filed by plaintiff.
Adjourned for reply to 06.02.2020.
Next Purpose: REPLY
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Advocate Rajkumar Gaikwad for plaintiff is present.
Defendant is present and filed application for appointment of legal aid. O-Allowed. Letter sent to DLSA, Mumbai.
Adjourned for written statement to 14.02.2020.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Advocate Rajkumar Gaikwad for plaintiff is present.
Defendant is present.
Adjourned for written statement to 16.03.2020.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Advocate for plaintiff is present.
Defendant is present and submitted that, the office of District Legal Service Authority, Mumbai provided him advocate Shri. Vasantkumar Thanavi, but he is not contacted with the advocate. Therefore, he requested to appoint another advocate from legal aid office. His request is allowed. Sheristedar is directed to issue letter to office of DLSA, Mumbai for providing new advocate to the defendant.
Adjourned for appointment of advocate for the defendant/ written statement to 04.04.2020.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Business: National Lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Lockdown due to Covid19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Adjd for written statement on 27/10/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 08-02-2021 for WS.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Adish Babu for plaintiff present.
None for defendant
Perused order dtd 16-03-2020. defendant is failed to file WS. Suit to proceed no WS.
Matter is adjd.to 01-03-2021 for hearing (NO WS)
Next Purpose: HEARING
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 30.03.2021 for hearing (No W.S.)
Next Purpose: HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 26.04.2021 for hearing (No W.S.).
Next Purpose: HEARING
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Court is on Leave
Next Purpose: HEARING
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 09.08.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: None for plaintiff
The defendant absent.
Defendant had already appear in the matter on 06-02-2020 and filed application for appointment of Legal-Aid- Counsel Exh.6 - Exh. 6 was allowed. Registrar had given letter to DLSA for engaging legal aid lawyer for the defendant. Accordingly, Adv. Vasantkumar Thanvi was appointed as per letter of DLSA dtd. 11-03-2020, but Legal-Aid-Counsel as well as defendant failed to attend the proceeding of the suit. Hence, No WS order was passed on 08-02-2021. Now, the plaintiff is directed to lead the evidence.
Matter is adjd.to 31-08-2021 for (No WS) R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Both parties and their advs absent when called out.
Matter is adjd.to 22-09-2021 for No WS hrg.
Next Purpose: FOR___________________
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Adv. Rajkumar Gaikwad for plaintiff present.
None for defendant
Matter is adjd.to 22-10-2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv. Adish Babu for plaintiff present and submitted that he wants to file C/S for amending the title clause and prayed for adjournment.
None for defendant
On perusal of record, it appears that no WS order is passed on 08-02-2021, but the plaintiff failed to lead evidence.
Considering pendency of the matter at the same stage for long period, last chance is given to the plaintiff to file C/S or evidence.
Matter is adjd.to 25-11-2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Rajkumar Gaikwad for plaintiff present and tendered draft C/S with supporting affidavit t.o.r. and Leave is granted to register the C/S .
None for defendant
Matter is adjd.to 22-12-2021 for filing registered C/S.
Next Purpose: FOR___________________
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. Adhish Babu Gurudes for plaintiff present and filed original registered C/S No. 1784/21 with supporting affidavit t.o.r.
None for defendant
Heard Ld. Adv. Adhish Babu Gurudes for plaintiff on C/S No. 1784/21.
As the plaintiff bank is merged with Canara Bank as per notification dtd. 01-04-2020, amendment in the plaint is necessary to correct the title clause and necessary details in the plaint. Hence, C/S No. 1784/21 made absolute in terms of prayer clause (i). The plaintiff is directed to carry out amendment within 15 days from today. C/S No. 1784/21 is disposed off.
Matter is adjd.to 25-01-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Adv. Rajkumar Gaikwad alongwith witness Abhishek Chaturvedi for plaintiff present and filed copy of amended plaint t.o.r.
They also filed evidence affidavit of witness Abhishek Chaturvedi t.o.r. and marked as Exh.7
He also filed list of documents t.o.r. and marked as Exh. 8
Oath is administered to witness Abhishek Chaturvedi . He stated on Oath that evidence affidavit Exh. 7 bears his signature and contents therein are correct. He also proved documents filed with list Exh. 8 and they are Exhibited as under -
Exh. 9 – application for credit facilities dtd. 08-03-2016 fied by the plaintiff’s
Exh. 10 – Performa Invoice dtd. 08-03-2016 issued by Sah AND Sanghi Auto Agencies.
Exh. 11- Saction letter dtd. 09-03-2016.
Exh. 12- Composite hypothecation agreement. Dtd. 18-03-2016.
Exh. 13- Stamped receipt dtd 18-03-2016 of Rs. 5,55,000/-
Exh. 14- Receipt dtd 21-03-2016 of Rs. 6,81,740/-
Exh. 15- Stamped receipt dtd 07-03-2016 of Rs. 10,000/-
Exh. 16 – Letter dtd. 18-03-2016 issued by the plaintiff to Sah and Sanghi Auto Agencies regarding payment of 6,81,740/-
Exh. 17- Tax invoice dtd. 26-03-2016 issued by Sah and Sanghi Auto Agencies.
Exh. 18- Confirmation of delivery of machinery vehicles issued by Sah and Sanghi Auto Agencies.
Exh. 19 – Advances on hypothecation of vehicles half yearly report as on 07-04-2016.
Exh. 20 – Demand notice dtd. 19-07-2018.
Exh. 21 - Letter dtd. 04- 10-2018 by the plaintiff to the seizure agent.
Exh. 22 – Letter of surrender of asset as per agreement.
Exh. 23 – Post possession intimation dtd. 06-10-2018 acknowledged by the Govandi police station (xerox copy)
Exh. 24 - Xerox copy of public notice published in Business Standard dtd. 20-12-2018
Exh. 25 – letter dtd. 11-01-2019 from plaintiff to Mr. Prakash Kothari.
Exh. 26 – Legal notice dtd. 13-03-2019 issued by the plaintiff’s advocate to the defendant.
Exh. 27 – acknowledgment dtd 14-03-2019
Exh. 28 – statement of account as on 24-04-2019.
Exh. 29 – Certificate under Banker’s Book Evidence Act, 1891.
Exh. 30 – Particulars of claim.
Exh. 31 - Power of attroney.
Exh.32- Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 27-01-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Adv. Rajkumar Gaikwad for plaintiff present.
Heard argument of Adv. Rajkumar Gaikwad for plaintiff.
Exh.33 – Ex-parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 196/2019 is partly decreed.
2. The defendant is directed to pay amount of
Rs.4,37,390.11/- (Rupees Four Lakhs Thirty-seven Thousand
Three Hundred Ninety and Paise Eleven Only)
to the plaintiff with interest @ 10.75% p.a. with monthly rest
from the date of suit till the date of realization within three
months from the date of decree.
3. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 27-01-2022