Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 04-07-2020
Date: 04-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 22.10.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-10-2020
Date: 22-10-2020
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.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 03.11.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-11-2020
Date: 03-11-2020
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 24/11/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-11-2020
Date: 24-11-2020
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 direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 19.12.2020 for Direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Adv. for plaintiff absent.
Adv. for defendant absent.
Matter adjd to 15/01/2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 12.02.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv.Mr.V.K. Sharma for plaintiff present.
None present for defendant.
Ld. Adv.for the plaintiff seeks to issue summons to the defendant.
Issue summons to the defendant.
Matter adjd to 01.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv.V.K.Sharma for plaintiff present.
Adv. Mr.Himanshu Agarwal for defendant nos.1 to 3 present and submits that he will file vakilpatra for defendant nos.1 to 3.
Ld. adv. for the plaintiff submits that the report of summons to the defendant is awaited.
Matter adjd to 15.03.2021 for awaited summons report.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv.V.K. Sharma for plaintiff present.
None present for defendant.
Service report, Exh.2 filed by adv. of plaintiff t.o.r.
Original summons tendered.
Matter adjd to 05.04.2021 for written statement.
LO
Adv.Shivamsinh Deshmukh present and filed vakalatnama, Exh.3 on behalf of deft. nos.1 to 3 t.o.r. O-filed.
Matter adjd to 05.04.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: None present for plaintiff.
Adv.Shivam Deshmukh for defendant nos.1 to 3 present.
Adjournment application, Exh.4 filed by Adv. of defendants t.o.r.
O-Plaintiff to say.
Matter adjd to 19.04.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Weekly Off is given to P.O. as per order of Hon\''ble P.J. at 17/04/2021 ( Assignment duties during Covid) hence, matter adjd. to 22/4/2021 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 09.06.2021 for W/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 23.06.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: PO is on Leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. V.K.Sharma for plaintiff present.
None present for defendants.
Vakalatnama Exh.03 bears signatures of defendant Nos.1 and 3. Therefore, only defendant Nos.1 and 3 are appeared. The defendant No.02 Mr. Rajeev Pathak has not appeared. Service affidavit Exh.02, acknowledgment card Exh.3 shows that writ of summons has been served on defendant No.2. He failed to appear, hence suit to proceed ex-parte against defendant No.02.
Matter is adjd to 27.08.2021 for order against defendant Nos.1 and 3 for not filing W/S
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.45 pm
None present.
ORDER
Read the last roznama dated 12.08.2021, suit is proceeded ex-parte against the defendant No.2. Defendant Nos. 1 and 3 though appeared by Vakaltnama Exh.03 on 15.03.2021, failed to file written statement. Hence, suit to proceed without written statement of the defendant Nos.1 and 3.
Matter adjd to 17.09.2021 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.43 pm
None present.
KB
LO at 04.40 pm
None present.
Today the case is for plaintiffs evidence. Plaintiff remained absent. No evidence is adduced. Hence, no evidence of the plaintiff. Keep for passing order of dismissal of suit on 04.10.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. V. K. Sharma present for plaintiff.
None present for defendant.
Exh.5 Plaintiff filed application for removal of case from caption of order of dismissal and seeking time for filling evidence.
O - Suit is ex-parte. Last chance granted suit is removed from the caption of order.
Matter adjd to 27-10-2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. V.K.Sharma present for plaintiff.
None present for defendant.
Plaintiff filed affidavit of evidence a/w list of documents. Power of attorney exhibited as Exh.08
Matter adjd to 22.11.2021 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv.V.K.Sharma for plaintiff present.
Adv. Shrivamsinh Deshmukh for defendant Nos.1 and 3 present..
The Adv. for defendant Nos. 1 and 3 filed application Exh.09 for adjournment contending that these defendants wants to file Notice of Motion for setting aside ex-parte order. The Adv.for these defendants submits that defendant No.2 has expired. He is directed to file copy of death certificate on record and details of the legal-heirs.
Matter adjd to 07.12.2021 for compliance and marking of documents.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv.Adarsh Vyas h/f.Adv.V.K.Sharma for plaintiff present.
Adv.Shivam Deshmukh for defendant No.1 and 3 present. He filed draft notice of motion a/w. affidavit in support on behalf of deft.No.3 only.
O-Leave granted to register draft notice of motion.
Copy of notice of motion a/w. affidavit in support is furnished to the plaintiff. Endorsement to that effect is made.
The Ld.Adv.for deft.No.1 and 3 furnished photocopy of Death Certificate of Rajeev Mahav Pathak (Deft.No.2). It is marked as Exh.10. Copy of same is furnished to the plaintiff. Endorsement to that effect is made.
Matter adjd to 21.12.2021 for reply on NM/steps in respect of dead deft.No.2.
Next Purpose: REPLY
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv.Aadarsh Vyas h/f.Adv.Vijay Sharma for plaintiff present.
Adv.Shivamsinh Deshmukh for defendant No.1 and 3 present.
The defendant No.3 tendered registered NM No.3190/2021 a/w.affidavit in support t.o.r.
The plaintiff filed reply, Exh.11 to NM No.3190/21.
Matter adjd to 13.01.2022 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 01.02.2022 for hearing on NM No.3190/21.
Next Purpose: HEARING
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.44 pm,
None present.
In view of SOP dated 06.01.2022, matter adjd to 14.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv.V.K.Sharma for plaintiff present.
None present for defendant No.1 to 3.
The defendants are absent. No argument of defendants in NM 3190/21.
Heard the Ld.Adv.for the plaintiff in NM No.3190/21.
KB for order.
F.R.S.R. following order is passed
ORDER
1.Notice of Motion No.3190 of 2021 is dismissed with costs as not maintainable.
2. Defendant Nos.1 and 3 shall produce death certificate and details of legal heirs of deceased defendant No.2.
3. Notice of Motion No.3190 of 2021 is disposed of accordingly.
Matter adjd to 02.03.2022 for compliance with respect to legal heirs of deceased deft.No.2 and R/E.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: None present for plaintiff.
None present for defendant.
Defendant Nos. 1 and 3 are absent. No compliance of order dated 14.02.2022. Hence, matter is keep for order against defendant Nos. 1 and 3 on 25.03.2022.
Next Purpose: ORDER
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: HHJ on leave.
Next Purpose: ORDER
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Adv.Vaibhav Singh h/f. Adv. V. K. Sharma present for plaintiff.
None present for defendant.
Matter adjd to 09.06.2022 for order in respect of deceased defendant No.2.
Next Purpose: ORDER
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Adv V.K Sharma present for plaintiff.
None present for defendant.
Matter adjd to 28.06.2022 for order in respect of deceased deft No.2.
Next Purpose: ORDER
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: None present.
None present for deft.
KB LO 12.00
Adv. V. K. Sharma Present for Plff.
None Present for Deft.
Adv of plff filed draft CS along with affidavit for amendment in plaint. - Leave granted to register CS.
Adj. For service affidavit of CS and CS returnable on 25/07/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: None present.
Perused plaint and documents. It seems that there are elements of settlement. Hence, Case be kept in Lok Nyayalaya.
Case adjd to 13.08.2022 for Lok Nyayalaya
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: Naresh Valmiki present on behalf of Jammu and Kashmir Bank.
Respondent side called but absent.
Naresh Valmiki submitted that compromise talks are yet not finalised.
Matter adjourned before Regular Court on 12.10.2022.
Next Purpose: FOR___________________
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. V. K. Sharma Present for Plff.
None Present for Deft.
Adv of plff has tendered registered CS 915/22 along with affidavit.
Adv of plff seeks time to file service affidavit in respect of CS.
Adj. For Service affidavit in respect of CS 915/22 on 14/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Adv. V. K. Sharma Present for Plff.
None Present for Deft.
Adv of seeks time for filing service affidavit in respect of CS. Granted.
Adj. For Service affidavit in respect of CS 915/22 on 14/12/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: court is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: PO is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Adv. V. K. Sharma Present for Plff.
None Present for Deft no.1 and 3.
Exh.12- Adv of plff has filed service affidavit in respect of CS 915/22 along with RPAD receipt and postal tracking report. It shows that deft no.1 and 3 served with CS on 30/11/2022. However deft no.1 and 3 have not filed reply to CS 915/22. Hence CS be proceeded without reply of deft no.1 and 3.
Heard adv of plff on CS 915/22.
Adj. For Order on CS 915/22 on 02/02/2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: Adv. V. K. Sharma Present for Plff.
None Present for Deft.
Order on CS 915/22.
This CS 915/22 is filed by plff for deleting the name of deceased deft no.2. Deft no.1 and 2 have not filed reply to the CS. The plff has filed death certificate of deceased deft no.2 with this CS it shows that he died on 26/10/2020. Previously deft no.3 has filed NM 3190/21 wherein he admitted that deft no.2 has died on 26/10/2020. according to the plff the deft no.1 and 3 are legal representative/ legal heirs of deceased deft no.2. Thus the name of deft no.2 is hereby deleted as prayed. Plff shall carrying out amendment till next date. CS 915/22 is disposed of.
Adj. For Carrying out amendment in the plaint as per above order on 17/02/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Adv. V. K. Sharma for plaintiff present.
None for defendant.
Advocate of plaintiff has carried out amendment on 13/02/2023 as per order on Ch/S. No.915 of 2022.
Record shows that defendant Nos. 1 and 3 appeared on 15/03/2021 through advocate Shivamsinh Deshmukh. Matter proceeded ex-parte against defendant No.2 as per roznama dtd.12/08/2021. However, on previous date name of defendant No.2 came to be deleted as per Order on Ch/s. Record shows that defendant Nos.1 and 3 have not filed written statement. Hence, suit be proceeded without written statement against defendant Nos.1 and 3.
The chief-examination of PW-1(Exh.6) already on record.
Heard advocate of plaintiff on the point of marking of documents.
Plaintiff has filed compilation of documents with list Exh.7.
The document filed with list Exh.7 are the same documents which were filed with the plaint. These documents are disclosed in the plaint and list filed with the plaint. There is no additional document. The document at Serial No.10 is photocopy and hence, the said document cannot be marked as exhibit. Thus, document at Serial Nos.2 to 9, 11 to 14 are tentatively marked exhibit as under.
Exh.13 Sanction letter dtd.23/03/2016.
Exh.14 Demand Promissory Note dtd. 28/03/2016.
Exh.15 Loan Agreement dtd.28/03/2016
Exh.16 Affidavit dtd.28/03/2016.
Exh.17 letter of undertaking.
Exh.18 Authority letter dtd.28/03/2016.
Exh.19 letter of guarantee.
Exh.20 statement of account No.0368265300000251.
Exh.21 statement of account No.5555000000225787.
Exh.22 Certificate under the provisions of Bankers Book of evidence Act.
Exh.23(colly.) Demand notice dtd.02/08/2017, 5/02/2018 and 11/04/2018.
Exh.24 recall notice dtd.30/07/2018.
Case adjourned for cross-examination of PW-1 to 13/03/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Adv. V.K. Sharma for plaintiff present and seeks adjournment on the ground that PW No.1 is not available. Granted.
None present for defendant.
PW No.1 absent.
Case adjd for cross examination of PW NO.1 to 29.03.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: Adv. V. K. Sharma Present for Plff.
None Present for Deft.
PW-1 absent.
Adv of plff seeks adjournment on the ground that due to financial year ending PW-1 is unable to attend the Court. Adj. Granted.
Adj. For Cross examination of PW-1 on 11/04/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv. V. K. Sharma Present for Plff.
None Present for Deft.
PW-1 present.
KB LO 12.45 pm.
Advocate of plff and PW-1 present.
Today case is for cross examination of PW-1 but none present on behalf of deft. Hence no cross examination on behalf of deft.
Exh.25- adv of plff has filed evidence closure pursis.
As the suit proceeded without WS as per order dt.27/08/2021, it is not desirable to keep matter evidence of deft.
Adj. For Final argument on 27/04/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: Adv. V. K. Sharma Present for Plff.
None Present for Deft.
Heard argument adv of plff.
Exh.26 Judgment.
F.R.S.R. following order passed.
ORDER
1. Suit is decreed with costs.
2. The defendant Nos.1 and 3 are jointly and severally directed to pay to plaintiff the amount of Rs.5,34,356/- and interest @ 15.25 percent p.a. on principal sum of Rs.3,74,843/- from the date of suit till realisation of amount.
3. The defendant No.1 is directed to pay to plaintiff the amount of Rs.82,979/- and interest @ 24 percent p.a. on principal sum of Rs.42,105/- from the date of suit till realisation of amount.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 27-04-2023
