Date: 12-02-2020
Business: Adv for plaintiff Ms.Anupama present.
None for the defendant.
O-Issue summons to deft.
Matter is Adjd for Affidavit of Service to 07.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: P.O. is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Called at 11.10a.m.
None present.
Matter just transfered to this court hence keep back.
Called at 3.35p.m.
None present.
As per record in view of order dated 12.02.2020 matter is adjourned for affidavit of service and posted on 07.03.2020. However, on 07.03.2020 as the P.O is on leave and matter is automatically adjourned but plaintiff has failed to file affidavit of service and also failed to take steps to secure the presence of defendant. Today, also plaintiff absent and his advocate absent, failed to take steps, failed to file affidavit of service. Hence, suit is keep for further order on next date.
Matter adjd to 18.03.2020 for further order.
Next Purpose: ORDER
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Adv.P.S.Bhaingade for plaintiff.
Adv.for defendant absent.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 7/4/2020 for order.
Next Purpose: ORDER
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: ORDER
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: ORDER
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National lockdown
Next Purpose: ORDER
Next Hearing Date: 04-07-2020
Date: 04-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Court is on leave. Matter adjd to 05.11.2020 for order.
Next Purpose: ORDER
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 07.11.2020 for order.
Next Purpose: ORDER
Next Hearing Date: 07-11-2020
Date: 07-11-2020
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 09/11/2020 for order.
Next Purpose: ORDER
Next Hearing Date: 09-11-2020
Date: 09-11-2020
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 order.
Next Purpose: ORDER
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 08.12.2020 for order.
Next Purpose: ORDER
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 10.12.2020 for Order.
Next Purpose: ORDER
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Adv.for plaintiff present.
Adv.for plaintiff fail to file affidavit of service , fail to take steps to secure presence of defendant.
The said Suit is on the stage of order before lockdown.
Today also advocate for plaintiff fail to take steps. Hence Suit is kept for dismissal order.
Adjd to12.01.2021 for dismissal.
Next Purpose: ORDER
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Adv.Pramila Bhaingade for plaintiff present.
None present for defendant.
Affidavit of service of writ of summons, Exh.2 filed by Adv.of plaintiff t.o.r
Issue fresh summons to the defendant.
Matter adjd to 05.02.2021 for Return of summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv.Pramila Bhaingade for plaintiff present.
None present for defendant.
Matter adjd to 03.03.2021 for Chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: None present for plaintiff.
Adv.Pramod Kumbhar present and filed vakalatnama, Exh.3 on behalf of defendant t.o.r. O-filed.
Adjournment application, Exh.4 filed by Adv. of defendant t.o.r.
Matter adjd to 24.03.2021 for steps.
LO
Adv.Pramila Bhaingade for plaintiff present.
Matter adjd to 24.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: None present for plaintiff.
Adv.Pramod Kumbhar for defendant present.
Adjournment application, Exh.5 filed by Adv. of defendant t.o.r.
O-plaintiff to say.
Matter adjd to 05.04.2021 for say on Exh.5.
Next Purpose: REPLY
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv.Pramila Bhaingade for plaintiff present.
None present for defendant.
Order on Exh.5-filed.
KB
LO at 3.20 p.m.
None present.
Matter adjd to 27.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Date: 07-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 29.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 05.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Adv.Pramila Bhaingade for plaintiff present.
None present for defendant.
Adv. for the plaintiff submits that she intends to file application for amendment regarding change in the plaintiff\''s name.
Due to rise in Covid cases, Adjd to 23.07.2021 for written statement/filing application for amendment of plaint.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 04.08.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 25.08.2021 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.05 pm
None present.
KB
LO at 01.30 pm
None present. The defendant has not filed the written statement. Keep for order against defendant.
Matter adjd to 15.09.2021 for passing order against defendant.
Next Purpose: ORDER
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.44 pm
None present for plaintiff.
None present for defendant.
The defendant failed to file written statement, hence, suit to proceed without written statement of the defendant.
Matter adjd to 30.09.2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 02.58 pm
Plaintiff absent. No evidence is adduced by the plaintiff. Keep for order against plaintiff on 25.10.2021.
Next Purpose: ORDER
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Pramila Bhaingade present for plaintiff.
None present for defendant.
Plaintiff filed adjournment application. O- Time Granted.
Matter adjd to 16.11.2021 for evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.27 pm,
None present.
ORDER BELOW EXH.1
Plaintiff remained absent, failed to adduce evidence. Since, 30.09.2021, suit is for evidence, keep for order of dismissal.
Matter adjd to 06.12.2021 for order of dismissal of suit.
Next Purpose: DISMISSAL
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv.Anita Murgude i/b.Adv.Pramila Bhaingade for plaintiff present.
None present for defendant.
KB
LO at 12.48 pm,
Adv.Pramila Bhaingade for plaintiff present.
The plaintiff filed draft chamber summons alongwith affidavit in support of draft chamber summons.
O-Leave granted to register draft chamber summons.
Heard the Adv. for plaintiff on draft chamber summons.
Order on Draft Chamber Summons
This chamber summons is taken out by the plaintiff for amendment in the plaint as the original plaintiff Syndicate Bank got amalgamated into Canara Bank. The suit summons is yet to be served on the defendant. It is the contention of the plaintiff that as per the press release Exh.A issued by the Reserve Bank of India, the plaintiff Syndicate Bank has started to function as Canara Bank. Due to this change, the plaintiff is required to amend the title cause and other pleadings concerned with the name of the plaintiff.
The proposed amendment is just and necessary. It is technical one. Hence, it needs to be allowed. Hence, I pass the following order.
ORDER
1. Draft Chamber Summons is allowed.
2. The plaintiff is allowed to carry out the necessary amendment as per the schedule annexed with the affidavit in support of chamber summons.
3. The plaintiff to carry out the amendment within 14 days from today.
4. Draft chamber summons is disposed off accordingly. It be registered for statistical purpose.
Matter adjd to 17.12.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv.Pramila Bhaingade for plaintiff present.
None present for defendant.
On oral request adjd for compliance of amendment on 20.01.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 15.02.2022 for compliance of amendment.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Date: 15-03-2022
Business: None present for plaintiff.
None present for defendant.
Plaintiff is absent. No evidence is adduced. Keep for order against the plaintiff.
Matter adjd to 31.03.2022 for order against the plaintiff.
L.O. at 12.05 p.m.
Adv. Mrs. Pramila S. Bhaingade for the plaintiff present and filed affidavit of evidence of Mr. Vinay Kumar Vaidhya (PW-1) alongwith list of documents. t.o.r. and marked as exh.6 & 7.
Heard the plaintiff on admissibility of the documents.
Following order is passed in respect of admissibility of documents at exh.6.
The document at Sr.No.1 is copy of application for advances to transport operators dated 24.07.2015. It is marked as exh.8.
The document at Sr. No.2 is sanction letter duly signed by defendant dated 25.07.2015. It is marked as exh.9.
The document at Sr. No.3 is copy of particulars of Assets and Liabilities of defendant dated 24.07.2015. It is marked as exh.10.
The document at Sr. No.4 is copy of receipt for Rs.7,60,000/- in favour of NBS International Ltd dated 29.07.2015. It is marked as exh.11.
The document at Sr. No.5 is copy of composite Hypothecation agreement dated 29.07.2015. It is marked as exh.12.
The document at Sr. No.6 is confirmation of delivery of machinery/vehciles dated \''Nil\'', dated 01.08.2015. It is marked as exh.13.
The document at Sr. No.7 is proforma invoice for Rs.8,96,357/- issued by NBS International Ltd. dated 09.07.2015. It is marked as exh.14.
The document at Sr. No.8 is undertaking letter by borrower for covering the advance under CGTMSE. It is marked as exh.15.
The document at Sr. No.9 is copy of legal notice dated 12.12.2018. It is marked as exh.16.
The document at Sr. No.10 is copy of statement of accounts. It is marked as exh.17.
The document at Sr. No.11 Particulars of Claim. It is marked as exh.18.
Advocate for the plaintiff filed evidence close pursis and marked as exh.19.
Matter adjd to 28.03.2022 for argument/judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv.Pramila Bhaingade for plaintiff present.
None present for defendant.
Heard final argument of advocate for the plaintiff.
KB for judgment.
LO at 04.45 pm,
Plaintiff to make submission regarding statement of account filed on record.
Matter adjd to 30.03.2022 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: None present for plaintiff.
None present for defendant.
As plaintiff is absent for submission, hence, adjd to 31.03.2022 for plaintiff\''s submission.
Next Purpose: FOR___________________
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv.Pramila Bhaingade for plaintiff present.
None present for defendant.
Plaintiff wants to file additional evidence with leave of the Court.
Matter adjd to 06.04.2022 for filing additional evidence with leave of the Court.
Next Purpose: FOR___________________
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.15 pm,
Adv.Pramila Bhaingade for plaintiff present.
The plaintiff filed application for leave to file additional affidavit of evidence a/w. documents t.o.r. and marked as Exh.20.
Heard the plaintiff.
ORDER ON EXH.20
Read the application. The plaintiff wants to lead additional evidence to explain the bank statement. Hence, the permission is granted.
The plaintiff filed additional affidavit of evidence of Mr.Vinay Kumar Vaidya (PW-1) t.o.r. and marked as Exh.21. It is read and recorded.
The plaintiff filed compilation of documents. It is t.o.r. and marked as Exh.22.
Heard the plaintiff on admissibility of the documents. Following order is passed in respect of admissibility of documents at Exh.21.
1. The document at Sr.No.1 statement of accounts of the defendant (page No.1-6). It is marked as Exh.23.
Suit is ex-parte, hence, no cross.
Evidence close pursis filed by Adv.of plaintiff t.o.r. and marked as Exh.24.
Heard final argument of plaintiff.
Matter adjd to 07.04.2022 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: None present for plaintiff.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. following order is passed
ORDER
1. Suit is decreed with costs.
2.The defendant do pay to the plaintiff an amount of Rs.9,85,876.58ps (Rupees Nine Lakhs Eighty Five Thousand Eight Hundred Seventy Six and paise Fifty Eight only) alongwith interest at the rate of 11.50 percent p.a. from the date of filing of suit till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 07-04-2022