Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
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
Business: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Both parties and their advocates are absent when called out.
Issue writ of summons.
Adjourned for writ of summons to 04.01.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 27-01-2021 for Writ of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Both parties and their advocates are absent when called out.
Plaintiff to take proper steps.
Matter is adjd.to 15-03-2021 for Writ of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. Mr. V.K. Sharma for plaintiff, prayed for issuance of writ of summons- Allowed.
None for defendant.
Matter is adjd.to 22.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Both the parties absent when called out.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Adv. Vaibhav Singh a/w Adv. V. K. Sharma for plaintiff present.
He submitted that short time may be given for filing service affidavit.
Matter is adjd.to 01-10-2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: Adv. V. K. Sharma for plaintiff present and filed service affidavit with original writ of summons and three acknowledgment t.o.r. and marked as Exh.2.
Matter is adjd.to 26-10-2021 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. V. K. Sharma for plaintiff along with witness Mohammad Ayoub Dar present.
On perusal of record, it appears that defendants no. 1 to 3 have been duly served with writ of summons as per 3 acknowledgment annexed with affidavit of service Exh. 2, but they failed to appear. Hence, suit to proceed ex parte against the defendants.
Adv. V. K. Sharma filed evidence affidavit of witness Mohammad Ayoub Dar t.o.r. and marked as Exh.3
He also filed list of documents t.o.r. and marked as Exh.4
Oath is administered to witness Mohammad Ayoub Dar . He stated on Oath that evidence affidavit Exh.3 bears his signature and contents therein are correct. He also proved documents filed with list Exh.4 and they are Exhibited as under -
Exh. 5- Power of attorney.
Exh. 6 – Sanction letter dtd. 23-03-2016.
Exh. 7- Demand promissory note dtd. 28-03-2016.
Exh. 8- Loan agreement dtd. 28-03-2016.
Exh. 9- Affidavit dtd. 28-03-2016.
Exh. 10 -Letter of undertaking dtd. 28-03-2016.
Exh. 11- Letter of authority dtd. 28-03-2016.
Exh. 12 – Letter of Guarantee dtd. 28-03-2016 executed by defendant no. 2 and 3 in favor of the plaintiff
Exh. 13 – Statement of account.
Exh. 14 – Credit card application dtd. 06-11-2013.
Exh. 15 – Statement of account of the credit card account.
Exh. 16 – Copy of Certificate under Bankers book evidence.
Exh. 17 colly – Demand Notice dtd. 02-08-2017, 05-02-2018 and 11-04-2018.
Exh. 18 - Demand Notice dtd. 30-07-2017.
Exh.19 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 12-11-2021 for ex parte argument. 11.00 pm.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv. V. K. Sharma for plaintiff present.
Heard Ld. Adv. V. K. Sharma for plaintiff
Matter is adjd.to 18-11-2021 for ex parte Judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. V. K. Sharma for plaintiff present.
Adv. Siddharth Jaiswal for defendant no. 1 present and filed vakalatnama t.o.r. and marked as Exh.20
He had shown draft NM to the court, but it was not signed by defendant no. 1. Therefore, he did not place draft NM on record. He sought time for filing draft NM for seeking aside ex parte order dtd. 01-10-2021.
Considering submission of Adv. Siddharth Jaiswal and stage of the matter, adjournment is granted as a last chance for filing NM by defendant no. 1.
Matter is adjd.to 20-11-2021 for filing draft NM by
defendant no. 1.
Next Purpose: FOR___________________
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv. V. K. Sharma for plaintiff present.
Adv. Shivam Deshmukh for defendant no. 1 present and filed adjournment application t.o.r. and marked as Exh.21 - otherside to say.
Adv. V. K. Sharma has given say on Exh. 21.
Heard both sides.
Considering stage of the matter, adjournment is granted as a last chance subject to cost of Rs. 1000/-.
Matter is adjd.to 07-12-2021for filing draft NM by
defendant no. 1.
Next Purpose: FOR___________________
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: None for plaintiff.
Adv. Shivam Deshmukh for defendant no. 1 present and filed draft NM with supporting affidavit for setting aside dtd. 01-10-2021 t.o.r. and Leave is granted to register the NM.
Copy of draft NM is kept on record for plaintiff.
Matter is adjd.to 13-01-2022 for filing registrd nm by
deft no. 1. (2.45pm)
LO
Adv. V. K. Sharma for plaintiff present and received copy of
draft NM.
Next Purpose: FOR___________________
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 21-02-2022 for filing registered n/m by
defendant no.1.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: Adv. V. K. Sharma for plaintiff present and prayed for adjournment for filing NM Reply– short date be given.
Adv. S. V. Deshmukh for defendants no. 1 and 3 present.
Matter is adjd.to 04-03-2022 for NM Reply and filing
registered NM. (2.45pm)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv. V. K. Sharma for plaintiff present and filed affidavit in reply in NM No. 3191/21 t.o.r.
Adv. V. K. Sharma for plaintiff placed on record copy affidavit in reply in NM No. 3191/21 for defendant .
Adv. Metali Devkar for defendant present and filed original registered NM No. 3191/21 with supporting affidavit t.o.r.
she received copy of affidavit in reply in NM No. 3191/21.
Matter is adjd.to 17-03-2022 for NM Hrg. (3.00pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. V. K. Sharma for plaintiff present.
Adv. Aditya Sharma for defendant present.
Heard both sides in NM No. 3191/21.
Matter is adjd.to 22-03-2022 for NM Order. 4.00pm
Next Purpose: NM ORDERS
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: None for plaintiff.
None for defendant
F.R.S.R. following order is passed in NM No.3191/21-
ORDER
1) Notice of Motion No. 3191/2021 is made absolute in terms of prayer clause (a) with modification as to the date of ex-parte order subject to cost of Rs. 5,000/- (Rupees Five Thousand Only) payable to the plaintiff or his learned counsel.
2) Ex-parte order dated 26/10/2021 is set aside as against defendant no. 1.
3) The proceeding of N/m No. 3191/21 is closed.
Matter is adjd.to 16-04-2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: Adv. V. K. Sharma for plaintiff present.
None for defendant.
Matter is adjd.to 25-04-2022 for compliance and written
statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv. V. K. Sharma for plaintiff present.
None for defendant
As the defendant and his advocate are absent till 11.45 am when matter is called out repeatedly and written statement is not filed by complying direction in NM No. 3191/21, matter is kept for ex parte argument.
Matter is adjd.to 09-06-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Adv. V. K. Sharma for plaintiff present.
It is submitted that defendant No. 2 is expired hence sought time for taking steps.
Adjd for taking steps to 29/06/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. V. K. Sharma for plaintiff present and tendered draft chamber summons along with affidavit in support. O-Leave granted to register chamber summons.
Adjd for chamber summons to 12/09/2022
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Court is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Adv. V. K. Sharma for plaintiff present. Plaintiff absent.
None for defendant when called.
Application for withdrawal of suit filed by adv. for plaintiff t.o.r. and marked as Exh. 22. O- Heard Adv. for plaintiff. Plaintiff bank by sending email authorised his advocate to withdraw the suit. Ld. Adv. for plaintiff sought short time for filing copy of chamber summons. Hence keep for order on next date.
Matter is referred to Lok Adalat
Adjd for tendering registered chamber summons/order of withdrawal to 12/11/2022
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: None for plaintiff .
None for defendant.
Matter is adjd to 15/12/2022
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Adv. V.K. Sharma for plff. present and tendered original Chamber Summons.
None for deft.
No reply filed by the deft. Nos. 1 and 3.
Heard argument on Ch/s. no. 1174/2022 for Ld. Adv. of the plff.
For the reason separately recorded following order is passed in Ch/s. 1174 of 2022 :-
ORDER
1. The Chamber Summons No. 1174 of 2022 is allowed.
2. The plaintiff is permitted to amend the plaint as per Schedule annexed along with Chamber Summons and permitted to delete the name of defendant no. 2 from the suit.
3. The plaintiff is directed to carry out necessary amendment in the plaint within 14 days from the date of this order.
4. Order accordingly.
5. The proceeding of Chamber Summons No. 1174 of 2022 is closed.
Adjd. to 02.01.2023 for carrying out amendment in terms of order passed in Ch/s. 1174/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: Adv. V. K. Sharma for plaintiff present and orally seeks extension of time for carrying out amendment. O- Granted for one week from today.
Adjd for compliance to 03/02/2023
Next Purpose: COMPLIANCE
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Adv. V.K. Sharma for plaintiff is present.
None for defendant.
Plaintiff has already carried out the amendment.
Defendant has not filed WS on record within stipulated period.
Case is adjourned for passing order against defendant to 01-03-2023.
Next Purpose: ORDER
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Adv. V.K. Sharma for plaintiff is present.
None for defendant.
As per roznama dated 25-04-2022 matter is kept for exprate argument. The plaintiff also filed application at Exh.22 for withdrawal of the suit. Hence matter be kept for passing order on Exh.22.
Case is adjourned for order on Exh.22 to 29-03-2023.
Next Purpose: ORDER
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: Adv. V K Sharma for plaintiff present.
None for defendant.
Court passed order on Exh.22.
Plaintiff bank wants to withdraw suit unconditionally. Plaintiff bank filed authority letter stating that suit be withdrawn. In view of submission of Plaintiffs advocate suit is withdrawn unconditionally. Suit is disposed off as withdrawn.
Court passed order on Exh.1.
ORDER
1. Commercial Suit No. 416 of 2020 is disposed off as withdrawn.
2. Parties to bear their respective costs.
3. Court fee be refunded to the plaintiff as per rule.
4. The proceeding of Commercial Suit No. 416 of 2020 is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 29-03-2023