Corporation BankVsMr. Abdul Bashu A Shaikh

Date: 06-06-2019
Business: Adv for plaintiff Mr.Sinha present
Matter is Adjd for Affidavit of Service to 14/08/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: P.O is on training. Adjd to 21/11/19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Adv. V. B. Tiwari for plaintiff present.
None for defendant.
As per oral request of adv. for plff., time is granted.
Matter adjd to 13.01.2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Rohan Sinha for plff present
Adv. For defendant absent.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv . For plff. Tendered affidavit of service
Service not completed.
Matter is adjd to 18.02.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Rohan Sinha for plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Filed draft Ch/s @ affidavit in support. Order- Leave granted to register.
Matter is adjd to 26.03.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Next Purpose: SERVICE
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Next Purpose: SERVICE
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Next Purpose: SERVICE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 16-06-2020

Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: SERVICE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: National  Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: Due to Covid 19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Both the parties and his advocate are absent.
Matter is adjd to 26.02.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: P.O. is on leave.
Matter is adjd to 22.04.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 20/07/2021 for Service
Next Purpose: SERVICE
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 24.09.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Court is vacant
Next Purpose: SERVICE
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Court is Vacant.
Next Purpose: SERVICE
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: Adv. Ms. Bhor for Plaintiff present.
	None present for Defendant.
	Matter adj. to 19/04/2022 for Service.
Next Purpose: SERVICE
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: P.O. is on Trining
Next Purpose: SERVICE
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. Upadhyay for Plaintiff present.  He filed draft chamber summons alongwith affidavit in support.  TOR.
O-Leave granted to register.
None for Defendant.
Matter adjourned to 24.09.2022 for hearing on CS.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-09-2022

Date: 24-09-2022
Business: As per Office Order No.169 of 2022, dated 08.08.2022, holiday is declared.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-11-2022

Date: 26-11-2022
Business: AS PER OFF ORDER NO.229 OF 202 DATED 31/10/2022 , MATTER ADJD TO 10-12-2022
Next Purpose: C/S  HEARING
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: Adv.Archana Bhor for plaintiff present.
            ORDER ON DRFAT CHAMBER SUMMON.
              Plaintiff has taken out present Draft Chamber Summons seeking amendment in the title clause of the plaintiff/bank.

2.		Heard Adv.Archana Bhor for the plaintiff. She submits that during pendency of the suit, the Corporation Bank has undergone amalgamation with Union Bank of India. The copy of Gazette Notification dated 4th March 2020 is annexed to the chamber summons. Therefore the title of the plaintiff needs to be amended accordingly.
3.		As such amendment sought is formal in nature, same deserves to be allowed. Hence, the order.
			    ORDER
1.    Draft Chamber summons is hereby allowed in terms of
       prayer clause (a).
2.    Amendment be carried out within 14 days and amended
       plaint be filed in the court thereafter.
3.    Draft Chamber Summons is disposed of accordingly.
4.    Plaintiff to register draft Chamber Summons for statistical
       purpose forthwith.
Matter is adj to 15/02/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: As Court is busy in dictating order in SJ No.333/16 in Summary Suit No.953/15, remaining second session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Upadhayay for plaintiff present.  He filed application for extension of time to carry out amendment (Exh-6).
Order- Time extended by two weeks.
Matter is adj to 07/07/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
Adv. Upadhaya for plaintiff present. The plaintiff has carried out the amendment on 03-3-2023.
On oral request of plaintiff counsel, the plaintiff is allowed to serve  fresh writ of summons to the defendant.
Matter is adj to 16-10-2023  for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Manjula Chigari h/f Adv. V. B. Tiwari for plaintiff is present and filed an application for issuance of fresh writ of summons to the defendant. Taken on record. It is marked as Exh-7. O-Allowed. Issue fresh writ of summons to the defendant.
Matter is adj to 06.03.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
NOB TOB
Advocate Manjula Chigari for plaintiff present and requested for keeping matter in lokadalat. There is element of settlement in the matter. Hence, matter be referred to Lok Adalat.
Issue notice to the defendant.
Matter is adj to 03.03.2024 for Lokadalat.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-03-2024

Date: 03-03-2024
Business: NATIONAL LOK-ADALAT HELD ON 03.03.2024 (PANEL NO.14)
Matter pertaining to CR No.81
None present.
Matter not settled.
Matter adj. to  15/03/2024.
Next Purpose: FOR___________________
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Manjula Chigari h/f Adv. V. B. Tiwari for plaintiff is present and filed affidavit of service. Taken on record. It is marked as Exh-8.
Order below Exh-1
On perusing affidavit of service, it appears that writ of summons sent to the defendant by registered post, is served on the defendant on 17.02.2024, as per postal track record and original A.D. receipt. The defendant failed to appear. Hence, matter be proceeded ex-parte against defendant.
Matter is adj to 02.05.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 11.07.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Shashi Yogendra Bhardwaj, age 40, representative of the plaintiff is present.
Adv. V. B. Tiwari for plaintiff is present and filed Evidence affidavit and list of documents along with documents. Taken on record. They are marked as Exh-9 and 10 respectively.
Matter is adj to 22.08.2024 for hearing on admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. V. B. Tiwari for plaintiff is present.
Heard counsel for both sides on admission and denial of documents.
Perused documents filed by plaintiff vide list at Exh-10. Document at Sr. No.1 to 6 are originals, document Sr. No.7 is office copy of demand notice and document at Sr. No.8 is print out of Bank statement is supported by u/s 2(A) of Banker\''s book of Evidence Act. Hence, these documents are marked as Exhibits.
Exh-11 Loan application dated 23.09.2015
Exh-12 Sanction letter dated 23.09.2015.
Exh-13 Demand Promissory Note dated 24.09.2015
Exh-14 Take Delivery Letter to D. P. Note dated 24.09.2015
Exh-15 Letter of Undertaking dated 24.09.2015.
Exh-16 Common Deed of Hypothecation of Movable /assets/debts dated 24.09.2015.
Exh-17 Office copy of Legal Notice dated 21.08.2018.
Exh-18 (colly) Bank statement is supported by u/s 2(A) of Banker\''s book of Evidence Act.
Evidence close pursis filed by the counsel for the plaintiff. Taken on record. It is marked as Exh-19.
Matter is adj to 23.09.2024 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2024

Date: 23-09-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Archana Bhor h/f Adv. V. B. Tiwari for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 14.10.2024 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-10-2024

Date: 14-10-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. V. B. Tiwari for plaintiff is present.
Heard Ex-parte argument of advocate for plaintiff.
Matter is adj to 06/11/2024 for further argument / judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: P.O. IS ON LEAVE
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Court is busy in cross-examination of PW-1 in Suit No.3882/09 and DW-1 in Suit No.6868/01 and judgment in Suit 9414/93.
Matter is adj to 13.12.2024 for argument(P. H.)/ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 13-12-2024

Date: 13-12-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. V. B. Tiwari for plaintiff is present.
Ex-parte judgment is marked as Exh-6.
FRSR following order is passed
Order
1) Summary Suit No. 405 of 2019 is hereby decreed with the costs.
2) The defendant shall pay an amount of Rs. 46,363/- (Rupees Forty Six Thousand Three Hundred and Sixty Three only) to the plaintiff.
3)The defendant shall pay to the plaintiff simple interest on Rs. 34,961/- at the rate of 7 percent per annum from 10/09/2018, the date of filing of suit till its full realization.
4) The plaintiff may be entitled to get refund the court fees paid, if provided for in Rules.
5) The decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 13-12-2024

CHAMBER SUMMONS/102065/2022

Registration Number: 100405/2019
Transfer Date: 15-11-2019
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100405/2019
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100405/2019
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 112450/2018
Filing Date: 10-09-2018
First Hearing Date: 06th June 2019
Decision Date: 13th December 2024
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE