Date: 06-12-2021
Date: 11-07-2022
Next Purpose: DIRECTIONS
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Shekhawat for plaintiff present. She prayed for issuance of fresh writ of summons to defendant.
O. - Issue fresh writ of summons to defendant.
The matter is adjd for affidavit of service to 17.09.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Gulam Khan, Clerk of Adv. of plaintiff present. He sought extension of time for service of writ of summons.
O. - Extension of time for service of writ of summons is granted.
The matter is adjd for affidavit of service to 01.11.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: The Court is Vacant.
Hence. The Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: The court is vacant. Hence, matter ajd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Court is Vacant.
Hence, matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Matter received under transfer from Court Room No. 14
Corporation Bank Vs Mr. Naimuddin Shaikh
Plaintiff side called, but absent.
Plaintiff to take steps regarding service. Else,put for necessary order.
Matter adjourned to 13.12.2023 for Affidavit of service.
Later on at 12.45 Hrs.
Adv. Pooja Sahu present for plaintiff.
Exh.2- Affidavit of service filed by plaintiff stating that, the summons by RPAD is returned with postal endorsement as unclaimed on 29.03.2023.
Till date defendant has not appeared before Court.
Today, Defendant side called, but absent.
Suit to proceed Ex-parte against defendant.
Matter adjourned to 13.12.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: Corporation Bank V/s Naimuddin Shaikh
Plaintiff side called, but absent.
Plaintiff to take steps regarding evidence.
Case adjourned to 07.03.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: None present.
KB
LO at 12.00 noon
Adv Pooja Sahu for plaintiff present.
On oral request, last chance granted subject to payment of cost of Rs. 500/- paid to DLSA, Mumbai.
Matter stands Adj for Ex-parte Evidence on 05/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: Adv Pooja Sahu for plaintiff present.
KB
LO at 1.34 pm
Same appearance for plaintiff.
She has submitted that the plaintiff has complied with order dated 07/03/2024 and paid cost of Rs. 500/- to DLSA. To substantiate same she has filed pursis. t.o.r. marked as Exh. 03. O- Seen.
She also filed draft CS along with affidavit in support of it.
O- Leave to register is granted.
Matter stands Adj for CS Hearing on 22/04/2024.
Next Purpose: C/S HEARING
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: Matter pertains to C.R. No.14.
Adv. Manish Tiwari present for plaintiff and he tendered original registered Chamber Summons No.725/2024 taken on record.
None present for defendant.
Matter stands Adj for chamber summons hearing
on 14-06-2024.
Next Purpose: C/S HEARING
Next Hearing Date: 14-06-2024
Date: 14-06-2024
Business: Adv Sofia Patel for plaintiff present.
Heard.
Order below Chamber Summons 725 of 2024 -
The plaintiff has taken the present Chamber Summons for substitution of the authorized signatory. It is submitted that the plaintiff has filed the suit through authorized representative Mr. Adesh Konde. Now he has been transferred to another branch and thus unable to appear in the matter. Now in place of the earlier authorized signatory, Mr. Amitkumar Bharti has been appointed as a new authorized signatory. Therefore, the plaintiff wants to substitute him in the place of earlier authorized signatory. In my view by allowing such amendment neither it causes any prejudice to the other side nor changes the nature of suit. Hence the following order -
1. Chamber Summons 725 of 2024 stands allowed and made absolute in terms of prayer clause 1 and 2.
2. The plaintiff shall carryout amendment within 14 days from the date of order.
3. Chamber Summons 725 of 2024 stands disposed of.
Matter stands Adj for Compliance on 28/06/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: None present for plaintiff.
KB
LO at 1.03 pm
Adv Pooja Sahu for plaintiff present.
She filed an application for extention of time to carryout amendment. t.o.r. marked as Exh. 04. O- Considering the request, two weeks time is granted.
Matter stands Adj for Compliance on 12/07/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-07-2024
Date: 12-07-2024
Business: Adv Pooja Sahu for plaintiff present.
KB
LO at 3.45 pm
Same appearance for plaintiff.
Representative of plaintiff Bank present.
She seeks time to file amended copy of plaint.
Matter stands Adj for Compliance on 19/07/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-07-2024
Date: 19-07-2024
Business: Adv Pooja Sahu for plaintiff present.
She filed amended copy of plaint. t.o.r. marked as Exh. 1A. O- Seen.
Matter stands Adj for filing Ex-parte Evidence on 26/08/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: P. O. is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-10-2024
Date: 11-10-2024
Business: P. O. is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-11-2024
Date: 14-11-2024
Business: P. O. IS ON LEAVE. ( C. R. NO.14)
None present.
Matter stands Adj for Ex-parte Evidence on 12.12.2024.
Sheristedar
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-12-2024
Date: 12-12-2024
Business: Matter pertains to Court No. 14.
Adv Pooja Sahu for plaintiff present in Court No. 14.
She filed affidavit of examination-in-chief of PW 01. t.o.r. marked as Exh. 05. O- Seen.
She also filed list of documents. t.o.r. marked as Exh. 06.
O- Seen.
Matter stands Adj for marking of documents on 19/12/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-12-2024
Date: 19-12-2024
Business: None present for plaintiff.
Matter stands Adj for Ex-parte Evidence on 09/01/2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-01-2025
Date: 09-01-2025
Business: Adv Pooja Sahu for plaintiff present.
PW 01 Amitkumar Bharti present.
Oath administered to the witness.
He admits the contents of affidavit of examination-in-chief as true and correct. It bears his signature.
Heard Adv for plaintiff on marking of documents.
Document at Sr. no. 1 is an Sanction Letter marked as Exh. 07.
Document at Sr. no. 2 is an Original Agreement Term Loan marked as Exh. 08.
Document at Sr. no. 3 is an Original Agreement Hypothecation of vehicle marked as Exh. 09.
Document at Sr. no. 4 is an Original Letter of Undertaking Declaration from Borrower marked as Exh. 10.
Document at Sr. no. 5 is an Original Delivery Receipt marked as Exh. 11.
Document at Sr. no. 6 is Demand Promissory Note marked as Exh. 12.
Document at Sr. no. 7 is an Original Take Delivery Letter to DPN marked as Exh. 13.
Document at Sr. no. 8 is Detail of Hypothecated Vehicle marked as Exh. 14.
Document at Sr. no. 9 is Copy of Legal Notice along with Postal Receipt marked as Exh. 15.
Document at Sr. no. 11 is Statement of Account marked as Exh. 16.
Document at Sr. no. 12 is Certificate u/s 2A(a) to (c) of Banker\''s Book of Evidence marked as Exh. 17.
Document at Sr. no. 13 is an Authority Letter marked as Exh. 18.
Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 19. O- Seen.
Matter stands Adj for Arguments on 30/01/2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-01-2025
Date: 30-01-2025
Business: Adv Sofiya Patel for plaintiff present.
Heard.
Matter stands Adj for Ex-parte Judgment on 11/02/2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 11-02-2025
Date: 11-02-2025
Business: None present for plaintiff.
Due to non availability of steno, matter stands Adj for Ex-parte Judgment on 27/02/2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 27-02-2025
Date: 27-02-2025
Business: P. O. is on Leave.
Adv Pooja Sahoo for plaintiff present.
Matter stands Adj for Ex-parte Judgment on 27/03/2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: Adv Pooja Sahu for plaintiff present.
Court is busy in hearing urgent NM 1869/2024 in Commercial Suit 1056/2024 and dictating Judgment in Commercial Summary Suit 50/2024.
Hence, matter stands Adj for Ex-parte Judgment on 07/04/2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 07-04-2025
Date: 07-04-2025
Business: None present for plaintiff.
Due to paucity of time, matter stands Adj for Ex-parte Judgment on 19/04/2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 19-04-2025
Date: 19-04-2025
Business: None present for plaintiff.
Due to paucity of time, matter stands Adj for Ex-parte Judgment on 05/05/2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 05-05-2025
Date: 05-05-2025
Business: Adv Pooja Sahu for plaintiff present.
Exh 20 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No.1365 of 2021 is Partly Decreed with Costs.
2. The Defendant do pay jointly and severally an principal amount of Rs.5,91,007/- together with interest at the rate of 9 percent per annum from the date of its actual due till its full realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No.1365 of 2021 disposed off accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 05-05-2025
