Date: 06-01-2020
Business: Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Called at 11.20 am.
None present for plaintiff and defendant.
Keep Back
Later on at 1.30 pm
Adv. Dahigaonkar for plaintiff present and submitted that writ of summons has been issued to the defendant by speed post, but report is awaited. Hence, prayed for time for filing affidavit of service. Time granted.
None present for defendant.
Matter stands Adj for filing affidavit of service to 05.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Called out at 11.46 am
None present for plaintiff and defendant.
Keep Back
Later on at 12.45 pm
Adv. Sujata Dahigaonkar for plaintiff present and submitted that writ of summons has been issued to the defendant by RPAD, but the report is awaited. Hence, sought extension of time for service. Time extended to serve the defendant as prayed.
Matter stands Adj for service to 27.02.2020.
Next Purpose: SERVICE
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Called out at 11.45 am
Adv. Dahigaonkar for plaintiff present and submitted that writ of summons has been issued to the defendant by post. Report is awaited.
In view of the above, Ld. counsel for plaintiff is directed to take steps to serve the defendant simultaneously through Court bailiff. Re-issue fresh writ of summons to the defendant through court bailiff.
Matter stands Adj for service of writ of summons to 21.03.2020.
Next Purpose: SERVICE
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 04.04.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Next Purpose: SERVICE
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 04-07-2020
Date: 04-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 28-09-2020
Date: 28-09-2020
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.131 of 2020 dtd.22/9/2020 of this Court,
Matter adjd to 17/10/2020 for service .
Next Purpose: SERVICE
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Business: As Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 06-11-2020
Date: 06-11-2020
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 25/11/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
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 18.12.2020 for services.
Next Purpose: SERVICE
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 14.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
None present for plaintiff.
None present for defendant.
Matter adjd to 09-02-2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv.Sujata Dahigaonkar for plaintiff present.
None present for defendant.
Ld. Adv.seeks time to file chamber summons to amend the plaint. Time granted.
Matter adjd to 01.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff absent.
Adv.for defendant absent.
Matter adjd to 18.03.2021 for orders against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv.Sandhya Nanavare for plaintiff present.
Adv.for defendant absent.
Adv.of plaintiff filed draft chamber summons a/w. affidavit in support of draft chamber summons t.o.r.
O-Leave granted to register draft chamber summons.
Heard.
ORDER BELOW DRAFT CHAMBER SUMMONS
1.The plaintiff had preferred the chamber summons seeking amendment in the plaint.
2. It is submitted that plaintiff Syndicate Bank is amalgamated into Canara Bank on 04.03.2020. The plaintiff bank now functioning as Canara Bank.
The plaintiff seeks to amend the plaint. The amendment sought would not prejudice the defendant nor would change the nature of the suit. Draft Chamber Summons needs to be allowed. In the result, following order is passed.
ORDER
1. Draft Chamber Summons is allowed.
2. The plaintiff to carry out the necessary amendment in the plaint within two weeks from the date of order.
3. Draft chamber summons stands disposed of.
4. Chamber summons be registered for statistical purpose.
Matter adjd to 06.04.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 28.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv.Sujata Dahigaonkar for plaintiff present.
None present for defendant.
Vakalatnama filed by Adv.Sandhya Nanavare on 18.03.2021 which is already marked at Exh.2 is noted today.
Application, Exh.3 for removing the matter from caption of order which was filed on 18.03.2021 is noted today.
KB
LO at 01.02 pm
Adv.Sujata Dahigaonkar for plaintiff present and filed application for leave to carry out amendment, Exh.4 t.o.r.
O-Read, heard. Permission granted to carry out the amendment.
Matter adjd to 26.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv.Sujata Dahigaonkar h/f.Adv.Sandhya Nanavare for plaintiff present.
None present for defendant.
Application for extension of time to carry out amendment, Exh.5 filed by Adv. of plaintiff t.o.r O-Time granted.
Matter adjd to 27.09.2021 for compliance of amendment order.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.37 pm
Adv.Sujata Dahigaonkar h/f.Adv.Sandhya Nanavare for plaintiff present.
The plaintiff tendered application for extension of time to carry out the amendment, Exh.6 t.o.r. O-Time extended till next date.
Matter adjd to 27.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 1.35 p.m.
Adv. Sujata Dahigaonkar for plaintiff present.
The plaintiff submits that amendment has been carried out. She requested for issuance of fresh suit summons.
O- Below Exh.01
Issue suit summons to be defendant.
Matter adjd to 30.11.2021 for Service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.31)
(Matter pertains to C.R. NO. 32)
Adv. Sujata Dahigaonkar for plaintiff present and requested for issuance of fresh writ of summons.
Issue fresh writ of summons to the defendant.
Matter is adjd.to 10-01-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Ms. Sujata Dahigoankar for plaintiff present.
None present for defendant.
Adv. for plaintiff filed application for extension of time for service of summons. t.o.r and marked as Exh. 7. Order : Time is extended.
Matter adjd to 10.02.2022 for Service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: None present.
In view of SOP dated 6.1.2022, matter adjd to 09.03.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: None present for plaintiff.
None present for defendant.
No service affidavit is filed. Keep for order.
Matter adjd to 13.04.2022 for order against plaintiff.
Judge
LO at 01.08 pm,
Adv.Sujata Dahigaonkar i/b.Adv.Sandhya Nanavare for plaintiff present.
Adv. of plaintiff filed application for extension of time for service of suit summons t.o.r. and marked as Exh.8.
O-Time is extended for service of suit summons.
Matter adjd to 16.04.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: HHJ is on training.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: N.O.B.T.O.B.(BY PRECIPEE)
Adv.Sarita Dahigaonkar for plaintiff present and filed application for taking case on today\''s board. It is t.o.r. and marked as Exh.9.
O-Allowed.
Adv. of plaintiff filed application for extension of time for service of suit summons t.o.r. and marked as Exh.10.
O-Time is extended for service of suit summons.
Matter already adjd to 13.06.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: None present for both parties.
K.B. L.O. at1.00 p.m.
Adv Sujata Dahigaonkar for plff present and seeks time for service affidavit.
None present for deft.
Matter adjd to 02.07.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: None present.
KB. LO 12.15 pm.
Adv. Suja Dahigaonkar present for plff. She seeks time to file affidavit service affidavit. Granted.
Adj. For Service affidavit on 21/07/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: None present.
KB.
Adv. Sujata Dahigaonkar Present for Plff.
None Present for Deft.
Ex.11-Adv of plff filed service affidavit along with bailiff report. Summons returned unserved. Adv of plff seeks time to take steps against deft.
Adj. For Steps against deft on 12/08/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: None present.
KB. LO 2.45.
Adj. For Steps on 15/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv. Sujata Dahigaonkar Present for Plff.
None Present for Deft.
Adv of plff filed draft CS along with affidavit for substitute service of suit summons on deft by way of publication in newspaper, RPAD and by way of pasting on the notice board of this Court.. Record shows that suit summons was issued to deft through Bailiff but it returned “unserved that deft did not residence on the said address”. Thus, Chamber Summons for substitute service is allowed as under.
1. Suit summons be served on defendant by way of publication in Local newspaper Free Press Journal (English) and Navshakati (Marathi).
2. Simultaneously plaintiff shall serve suit summons on defendant by pasting it on notice board of this Court, by registered post and as well as by Email if available.
3. Chamber summons be registered for statistical purposes.
Adj. For Service affidavit on 17/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Adv. Sujat Dahigaonkar Present for Plff.
None Present for Deft.
Adv of plff seeks extension of time to serve summons by way of paper publication, pasting, RPAD and email. Granted.
Adj. For Service affidavit on 24/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. Sujata Dahigaonkar I/b Adv. Sandhya Nanaware Present for Plff.
None Present for Deft.
Adv of plff contended that as per the order dt.15/09/2022 suit summons published in newspaper but the report regarding pasting of suit summons awaited. Hence prayed for time to file service affidavit. Granted.
Adj. For Service affidavit on 30/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Adv. Raj Kumar Gaikwad i/b. Sandhy Nanaware for plaintiff present and contended that advocate on record is not feeling well. Hence, case be adjourned.
Case adjourned for service affidavit to 22/12/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Adv. Sujata Dahigaonkar Present for Plff.
None Present for Deft.
Representative of plff namely Mr. Pramod Adsul present.
Exh.12- Adv of plff has filed service affidavit along with RPAD envelop. It returned with postal remark “ not known addressee”.
Exh.13- Adv of plff has filed service affidavit along with bailiff report regarding pasting of summons on the notice board of this Court.
Exh.14 - adv of plff has filed service affidavit along with newspaper viz Free press journal and Navshakti on 23/11/2022. It shows that suit summons of deft published in said English and Marathi Newspaper.
Adj. For Order against deft on 24/01/2023.
Next Purpose: ORDER
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Adv. Sujata Daghigaonkar I/b Sandhya Nanavare Present for Plff.
None Present for Deft.
As per service affidavit Exh.14 deft served with suit summons on 23/11/2022. But till today he did not appear. Hence suit be proceeded Ex-parte against him.
Adj. For Ex-parte Evidence on 06/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: None present. KB.
L.O. at 2.45 p.m.
Adv. Sujata Dhigaonkar for plaintiff present.
Exh.15 Chief examination of PW-1 Pramod Ramdas Adsul Designation- Officer.
Oath given to witness.
Exh.16 documents filed with list by plaintiff.
Heard Adv.of plaintiff on the point of exhibiting the documents. As the suit is ex-parte, no argument of defendant. Documents filed with list Exh.16 are the same documents filed with plaint. There is no additional documents filed by Plff. These documents are referred in chief examination. Hence the documents are marked exhibit as under.
Exh.17 Application for credit facilites.
Exh.18 Sanction Letter.
Exh.19 Receipt
Exh.20 Composite Hypothecation Agreement.
Exh.21 Letter of Authority to debit monthly installments.
Exh.22 Letter of consent/undertaking.
Exh.23 Particulars of Assets and Liabilities.
Exh.24 Addendum to Agreement.
Exh.25 Legal Notice
Exh.26 Statement of Account.
Exh.27 Particulars of claim.
Exh.28 Evidence closure pursis filed by adv of plaintiff.
Case adjd for Exparte Argument to 18.02.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: Adv. Sujata Dahigaonkar h/f Adv. Sandhay Nanware Present for Plff.
None Present for Deft.
Heard argument of adv of plff.
Exh.29- Judgment.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.3,43,295/- and interest @ 10.75% p.a. compounded mnonthly on principal sum of Rs.2,49,485/- from the date of suit till realization of the said amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 18-02-2023