Date: 06-01-2020
Business: Adv. Sujata for plaintiff present.
Matter adjd for awaiting of report of writ of summons on 22/01/2020 at 11.00 am
Next Purpose: FOR___________________
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Sujata Dahigavkar for plaintiff present.
None present for defendant.
Plaintiff advocate filed affidavit of service without original writ of summons. TOR. O-Seen.
The Ld advocate appearing for plaintiff submits that fresh writ of summons be issued through court bailiff and RPAD. Hence issue fresh writ of summons through court bailiff and by RPAD at the cost of plaintiff.
Matter adjd for filing affidavit of service to 05.02.2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv. Sujata Dahigaonkar for plaintiff present.
None for defendant.
Ld adv for plff submits that acknowledgement of RPAD of service of writ of summons is not received and the Bailiff has requested three weeks time.
Matter adjd for service affidavit to 05-03-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv. Sujata Dahigoankar for plaintiff present.
None for defendant.
She states bailiff report is awaited.
Ex.03 Ld Adv for plaintiff filed Service affidavit regarding service of writ of summons by RPAD t.o.r. O- Seen.
Matter adjd for service affidavit regarding bailiff report to 21-03-2020 at 11.00 am.
L.O. at 1.08 pm
Ex.04 Ld Adv for plaintiff filed Service affidavit regarding service of writ of summons by RPAD at second address t.o.r. O- Seen.
Matter adjd for service affidavit regarding bailiff report to 21-03-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for affidavit of service to 20.04.2020.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for service of affidavit to 26/10/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Plaintiff and their advocates are absent when called out.
Adjourned for filing service affidavit on 06.01.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv. Sujata Dahigaokar for plaintiff present.
None for defendant.
Matter is adjd.to 19-01-2021 for Affidavit of service.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv. Sujata Dahigavkar for plaintiff, submitted draft C/S, leave granted for registration. She also filed VP of Adv. Nanavare t.o.r. marked at Exh.5.
None for defendant
Matter is adjd.to 22-01-2021 for steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adv. Sujata Dahigaokar for plaintiff , tendered register C/S No. 153/21.
None for defendant
C/S NO. 153/21 is in respect of change in the name of
bank. Yet there is no service of summons to defendant. It
is allowed to carry out the amendment as name of the
bank is changed as per notification of Central Government
dtd. 01-04-2020. C/S No. 153/21 is disposed off.
Plaintiff to carry out the amendment within a week.
Matter is adjd.to 02-02-2021 for compliance and writ
of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Sujata Dahigavkar for plaintiff , prayed for time to submit service report.
None for defendant
Matter is adjd.to 02-03-2021 for service report.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Ms. Sujata Dahigaonkar for plaintiff, prayed for extension of time for writ of summons.- Granted.
None for defendant.
Matter is adjd.to 20.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 25.08.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv. Sujata Dahigavkar for plaintiff present and filed application for extension of summons. - allowed.
Issue fresh writ of summons to the defendants.
Matter is adjd.to 11-10-2021 for writ of summons to deft.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None for plaintiff.
The plaintiff is directed to issue writ of summons for service upon the defendant.
Matter is adjd.to 23-11-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Advocate Sujata Dahigawkar for plaintiff present and
filed affidavit of service with original writ of summons t.o.r.
and marked as Exh.6.
Matter is adjd.to 20-12-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Matter is adjd.to14-01-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None for plaintiff.
Matter is adjd.to 16-02-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and prayed for adjournment for filing draft C/S – short date be given.
Matter is adjd.to 22-02-2022 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: None for plaintiff.
Matter is adjd.to 16/3/2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 12-04-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present Adv. for tendered draft C/S with supporting affidavit t.o.r. and Leave is granted to register the C/S.
Matter is adjd.to 30-04-2022 for filing registered C/S
Next Purpose: FOR___________________
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and tender original registered C/S No. 587/22 with supporting affidavit t.o.r.
As the defendant could not be served with writ of summons as per affidavit of service Exh.2, 3, 4 and 6 , the plaintiff is justified in seeking substituted service. Hence, CS No.587/22 is made absolute in terms of prayer clause (a). issue fresh writ of summons for substituted service upon defendant by publishing in Free Press Journal and Nav Shakti. Time is extended for service of writ of summons. CS No.587/22 is disposed off.
Matter is adjd.to 11-07-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and seeks time for extension of paper publication. Granted
Adjd for writ of summons to 22/08/2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: NOB TOB
Matter is referred to Lok Adalat.
Issue notice to both parties to remain present at Lok Adalat to be held on 13.08.2022
Adjd for Lok Adalat to 13.08.2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: None present.
Adjd to 22/08/2022.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: None present when called. Plaintiff is directed to file affidavit of service.
Adjd for affidavit of service to 28/09/2022
L. O
Adv. Dahigaonkar for plaintiff present and orally seeks time extension to serve writ of summons. O- Granted.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: PO on leave. Matter adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and orally prayed for extension of time for paper publication. Granted.
Adjd for affidavit of service to 22/11/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and sought time for filing affidavit of service of summons against the defendant - Granted time.
Adjd. to 03.01.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: Adv. Sujata Dahigaonkar for plaintiff present and tendered affidavit of service through paper publication t.o.r. and marked as Exh. 7 O- Seen.
As per affidavit writ of summons is published in two newspapers. Writ of summons is served to defendant. Defendant is absent.
Adjd for passing exparte orders to 13/01/2023
Next Purpose: ORDER
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Adv. Sujata Dahigonkar for plaintiff is present.
None for defendant.
As per affidavit of service the writ of summon is served to the defendant through paper publication in two news papers. Defendant is absent. Hence, suit proceeded exparte against the defendant.
Case is adjourned for exparte evidence to 27-01-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv. Sujata Dahigaonkar for plaintiff is present.
None for defendant.
Plaintiff is directed to lead the evidence.
Case is adjourned for exparte evidence to 15-02-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: court on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Sujata Dahigaonkar for plaintiff present.
KB
LO at 1.22 pm
Plaintiff is present.
None present for defendant.
Exh. 08 - Ld adv for plaintiff filed claim affidavit t.o.r.
O- Plaintiff banks manager is present before Court. He admits contents of affidavit. Hence, it is read and recorded.
Exh. 09 - List of document t.o.r. O- Filed.
Following documents were proved in the examination in chief of witness.
Exh. 10 - Loan Application.
Exh. 11 - Letter of Sanction
Exh. 12 - Letter / writing.
Exh. 13 - Photo copy of cheque.
Exh. 14 - Advocate Demand Notice.
Exh.15- Letter of Authority to Debit Monthly Instalments.
Exh. 16 - Letter of consent/undertaking.
Exh. 17 - Particulars of Assets and Liabilities.
Exh. 18 - Legal Notice.
Exh. 19 - Statement of Accounts and relevant certificates.
Exh.20- Particulars of Claim.
Adv. for plaintiff filed evidence Closure pursis. O - Read and Recorded. Exh. 21.
Heard arguments of ld. Advocate for plaintiff.
Case is adjourned for Exparte Judgment to 16.03.2023
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Adv. Sujata Dahigaonkar for plaintiff present.
None for defendant.
Court pronounced Judgement in open Court.
Exh.22 Judgement.
FRSR following order is passed.
ORDER
1) Commercial Suit No. 224 of 2019 is decreed with costs.
2) The defendant do pay an amount of Rs.4,12,689.05ps. (Rs. Four Lakhs Twelve Thousand Six Hundred Eighty Nine and Five Paise Only) to the plaintiff bank along with interest at the rate of 10.95 percent per annum on the principal amount from the date of filing of the suit till its realization within three months from the date of this decree.
3) Defendant shall bear the cost of the suit.
4) Court fee, if any, be refunded to the plaintiff as per rule.
5) Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 16-03-2023