Syndicate BankVsM/s. Jass Tours and Travels +1 more

Date: 27-11-2018
Business: Both the parties and adv absent.
Issue writ of summons.
Matter adjd to 4.2.2018 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-02-2019

Date: 04-02-2019
Business: Adv. Mahesh Chandanshiv for pltff  present.
Adv. for deft. absent.
On oral request time is extended till next date for service of writ of summons.
Matter adjd to 4.4.2019 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-04-2019

Date: 04-04-2019
Business: Adv. Mr. Mahesh Chandanshiv for Plaintiff present.
Ms. Megha Bagadia for Plff is present.
Matter is adjd.for awaiting  report on 13.06.2019.
Next Purpose: REPORT
Next Hearing Date: 13-06-2019

Date: 13-06-2019
Business: Adv. Mr. Mahesh Chandanshiv for Plaintiff, prayed for adjd to file service affidavit.
Adv. for Defendant present.
Matter is adjd.for writ of summons on 22.08.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Adv. Mr. Mahesh Chandanshiv for plaintiff present.
None for defendant present.
Mr. Khanolkar, plff bank officer is present.
Matter is adjd. for writ of summons on 03.10.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: Adv. Chandanshiv for plaintiff present.
He pray for adjournment.
Matter is adjd. for writ of summons  to 21.11.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Advocate Kishori Tribuvan for plaintiff is present.
None present for defendant.
Adjourned for writ of summons to 03.04.2020.
                                                                               Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: None present.
Today matter is for writ of summons.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Issue writ of summons.
Matter adjd for service affidavit to 20-03-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Adv. Chandanshiv for plaintiff present and filed affidavit of service.
Adjd for passing exparte orders to 03/07/2021
Next Purpose: ORDER
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: ORDER
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: None present.
Matter is transferred to Court Room No. 14.
Matter adjd on 04.08.2021 for  order.
Next Purpose: ORDER
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: ORDER
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Adv. For plaintiff sought time for taking steps.  Time as prayed for is granted.
The matter is adjd for steps to 06.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Adv. For plaintiff sought time for taking steps.  Time as prayed for is granted.
The matter is adjd for steps to 18.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: In view of Office Order no.213/2021 dated 12.10.2021, holiday is declared on 18.10.2021, hence, the matter is adjd to 23.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-10-2021

Date: 23-10-2021
Business: None present.
The matter is adjd for taking steps to 23.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Representative of plaintiff present.
Adv. For plaintiff tendered draft Ch/sum.  Leave to register Ch/sum is granted.
Heard Adv. For plaintiff on draft Ch/sum.
ORDER BELOW DRAFT CH/SUM
   It is submitted on behalf of plaintiff that plaintiff Syndicate Bank is merged with Canara Bank in terms of Gazette of India dated 04.03.2020 issued by Government of India.  Plaintiff wants to make amendment in the title cause of the plaint as per merger of plaintiff bank with Canara Bank.  Proposed amendment is of formal in nature and essential for just decision of the case.  Hence, following order.
ORDER
1.  Draft Ch/sum is made absolute in terms of prayer clause (a).
2.    Plaintiff to carry out necessary amendment within 14 days.
3.     No order as to costs.
4.   Draft Ch/sum is disposed of accordingly and it be registered for statistical purpose.
The matter is adjd for compliance to 07.12.2021.
L.O. at 05.15 pm.
Adv. Mahesh Chandanshiv for plaintiff present.
Adv. For plaintiff tendered disposed of registered Ch/sum no.1699/2021.  T.O.R.
The matter is already adjd for compliance to 07.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Adv. Mahesh Chandanshiv for plaintiff present.
The matter is adjd for taking steps to 11.01.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: None present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for taking steps to 16/02/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: None present.
The matter is adjd for taking steps to 15.03.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: P. O. is on leave.
Hence, Matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Bank officer is present.
Adv. For plaintiff tendered draft Ch/sum.  Leave to register Ch/sum is granted.
Heard Adv. For plaintiff on draft Ch/sum.
ORDER BELOW DRAFT CH/SUM
Summons to defts. cannot be served on the addresses known to the plaintiff.  Considering the service affidavit filed on record, there is reason to believe that defendants are keeping out of the way for the purpose of avoiding service.  Therefore, summons to defts. be served by publishing writ of summons in daily newspaper circulating in the locality in which defendants are last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house.  Draft Ch/sum is disposed of accordingly and it be registered for statistical purpose.
K.B.
L.O. at 01.45 pm.
Adv. Mahesh Chandanshiv for plaintiff present.  He tendered disposed of registered Ch/sum No.565/22.  T.O.R.
The matter is adjd for affidavit of service to 20.06.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present.
Exh.2 - Adv. For plaintiff filed application for extension of time for service of writ of summons as per order dated 13.04.2022.
O. - Extension of time for service of writ of summons as per order dated 13.04.2022 is granted.
The matter is adjd for affidavit of service to 19.07.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present.  He prayed for extension of time for service of writ of summons as per order dated 13.04.2022.
O. - Extension of time for service of writ of summons as per order dated 13.04.2022 is granted.
The matter is adjd for affidavit of service to 06.09.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Adv. Mahesh Chandanshiv for plaintiff present.  He prayed for extension of time for service of writ of summons as per order dated 13.04.2022.
O. - Extension of time for service of writ of summons as per order dated 13.04.2022 is granted.
The matter is adjd for affidavit of service to 18.10.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: The court is vacant. Hence, Matter is adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: The court is vacant.
Hence, matter is adjd to.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Matter received from C.R.14
Adv. Mahesh Chandanshiv for plff present.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.1A
Memorandum of address of the plff at Exh.1B
List of documents at Exh.1C.
Ld adv for plff seeks extension of time to serve Writ of summons.
O-Time granted as prayed for.
Adj.for Affidavit of service to 26.09.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: Adv. Mahesh Chandanshiv for plaintiff is present and orally submitted that, time may kindly be extended  for serving writ of summons through substituted service.  O- It appears for the roznama dt. 13.04.2022 that, plaintiff was granted permission for substituted service of summons through newspaper publication.  Thereafter on 20.06.2022, 19.07.2022, 06.09.2022 and 02.08.2023 repeated prayers were made on behalf of plaintiff for extension of time to serve writ of summons and the prayers were allowed each and every time.  The time of the Court is unnecessarily wasted by the plaintiff bank by not taking timely steps hence, today’s oral prayer for  extension of time is hereby rejected.  Put up the matter for dismissal order on next date.
Matter is adj. for dismissal order to 06/01/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: Adv Mahesh Chandanshiv for plaintiff present.
Ld. Adv for plaintiff has filed adjournment application for extension of time to serve writ of summons. t.o.r. marked as Exh. 03.
Considering the request last chance granted to serve writ of summons upon the defendant by way of paper publication.
Plaintiff is directed to submit affidavit of service on next date.
Matter stands Adj for Affidavit of service on 28/03/2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: P. O. is on Leave in First Session
Adv Mahesh Chandanshive for plaintiff present.
Matter stands Adj for Affidavit of Service on 20/06/2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-06-2024

Date: 20-06-2024
Business: Adv Mahesh Chandanshiv for plaintiff is present.
It is submitted that the paper publicaiton has been done and some time required to file affidavit of service as the authorised representative of bank is not present. Hence matter is adjounred for filing affidavit of service.
Matter stands Adj for filing affidavit of service on 23.07.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: P. O. is on Leave.
Adv Mahesh Chandanshive for plaintiff present.
Matter stands Adj for Affidavit of Service on 02.09.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-09-2024

Date: 02-09-2024
Business: Adv Mahesh Chandanshive for plaintiff present through VC.
On oral request last chance granted for filing affidavit of service.
Matter stands Adj for Affidavit of Service on 07/10/2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: Adv Mahesh Chandanshiv for plaintiff present.
He filed affidavit of service. t.o.r. marked as Exh. 04.
O- Seen.  It appears that defendant is duly served through paper publication on 31/01/2024.  Inspite of due service none present for defendants.  Hence, suit to proceed ex-parte against defendants.
Matter stands Adj for Ex-parte Evidence on 11/12/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: P. O. is on Leave.
Adv Mahesh Chandanshiv for plaintiff present.
Matter stands Adj for Ex-parte Evidence on 14/01/2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: P. O. is on Leave.
Adv Mahesh Chandanshiv for plaintiff present.
On oral request, matter stands Adj for Ex-parte Evidence on 13/02/2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-02-2025

Date: 13-02-2025
Business: Adv Mahesh Chandanshiv for plaintiff present through VC.
On oral request, last chance granted for filing ex-parte evidence.
Matter stands Adj for Ex-parte Evidence on 04/03/2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: Adv Mahesh Chandanshiv for plaintiff present through VC.
On oral request, matter stands Adj for Ex-parte Evidence on 15/04/2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-04-2025

Date: 15-04-2025
Business: Adv Mahesh Chandanshiv for plaintiff present.
On oral request, matter stands Adj for Ex-parte Evidence on 28/04/2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-04-2025

Date: 28-04-2025
Business: Adv Mahesh Chandanshiv for plaintiff present through VC.
On oral request last chance is granted for filing ex-parte evidence.
Matter stands Adj for Ex-parte Evidence on 10/06/2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-06-2025

Date: 10-06-2025
Business: P. O. is on Leave.
Adv Mahesh Chandanshiv for plaintiff present through VC.
Matter stands Adj for Ex-parte Evidence on 02/07/2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-07-2025

Date: 02-07-2025
Business: Adv Mahesh Chandanshiv for plaintiff present.
PW 01 Anoop Kumar Singh present.
Adv for plaintiff filed affidavit of examination-in of PW 01. t.o.r. marked as Exh. 05.  O- R and R.
He also filed list of documents. t.o.r. marked as Exh. 06.
O- Seen.
Oath administered to the witness.
He admits the contents of affidavit of examination-in-chief as true and correct.  It bears his signature.
Heard Adv for plaintiff on marking of documents.
Document at Sr. no. 1 is an Extract of Authority Letter marked as Exh. 07.
Document at Sr. no. 2 is an Original Loan Application along with Copy of Aadhar Card marked as Exh. 08.
Document at Sr. no. 3 is an Original Sanction Letter dated 08/07/2015 along with Process note dated 03/07/2015 marked as Exh. 09 collectively.
Document at Sr. no. 4 is an Original Composite Hypothecation Agreement marked as Exh. 10.
Document at Sr. no. 5 is an Original Confirmation of Delivery of Machinery / Vehicles dated 15/07/2015 along with Proforma Invoice marked as Exh. 11 collectively.
Document at Sr. no. 6 is Photo copy of Certificate of Registration, Permit, Fitness and Authorization marked as Exh. 12 collectively.
Document at Sr. no. 7 is an Office Copy of Four Letter along with envelopes, AD Cards and Letter of Surrender of Asset by Borrower marked as Exh. 13 collectively.
Document at Sr. no. 8 is an Office Copy of Legal Notice dated 21/06/2018 marked as Exh. 14.
Document at Sr. no. 9 is Statement of Account along with Certifiate u/s 65B of Evidence Act marked as Exh. 15 collectively.
Document at Sr. no. 10, 11 and 13 are Certificate u/s 2A(a) to (c) of Bankers Book of Evidence Act marked as Exh. 16 collectively.
Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 17.  O- Seen.
Matter stands Adj for Arguments on 21/07/2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: Adv Mahesh Chandanshiv for plaintiff present.
Heard.
Matter stands Adj for Ex-parte Judgment on 05/08/2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 05-08-2025

Date: 05-08-2025
Business: Adv Mahesh Chandanshiv for plaintiff present through VC.
Due to paucity of time, matter stands Adj for Ex-parte Judgment on 22/08/2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: Adv Mahesh Chandanshiv for plaintiff present through VC.
Due to paucity of time, matter stands Adj for Ex-parte Judgment on 08/09/2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 08-09-2025

Date: 08-09-2025
Business: Adv Mahesh Chandanshiv for plaintiff present through VC.
Exh 18 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No.949 of 2021 is partly decreed with costs.
2. The Defendants do pay jointly and severally to the Plaintiff's Bank amount of Rs.3,50,042/- (Three Lakhs Fifty Thousand and Forty Two Rupees only) together with interest at the rate of 9 percent per annum from the date of its actual due, till its realization in full.
3. Decree be drawn up accordingly.
4. Commercial Suit No.949 of 2021 disposed of accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 08-09-2025

CHAMBER SUMMONS/100565/2022
CHAMBER SUMMONS/101699/2021

Registration Number: 100949/2021
Transfer Date: 14-03-2020
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 20 - COURT 20 ADDL SESSIONS JUDGE

Registration Number: 100949/2021
Transfer Date: 27-05-2021
From Court: 20 - COURT 20 ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Registration Number: 100949/2021
Transfer Date: 20-07-2021
From Court: 32 - COURT 32 ADD. SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 100949/2021
Transfer Date: 17-07-2023
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Registration Number: 100949/2021
Transfer Date: 28-12-2023
From Court: 32 - COURT 32 ADD. SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Filing Number: 113523/2018
Filing Date: 04-10-2018
First Hearing Date: 27th November 2018
Decision Date: 08th September 2025
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE