Date: 16-03-2020
Business: Adv. Mahesh Chandanshiv for plaintiff present.
None for defendant.
Matter adjd to 8/4/2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 20-04-2020
Date: 20-04-2020
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: 11-05-2020
Date: 11-05-2020
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: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 13.10.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: As the Court is on leave Board in discharged and the matter stands
adjd. to 27.10.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-10-2020
Date: 27-10-2020
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 12/11/2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-11-2020
Date: 12-11-2020
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 07.12.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None for palintiff.
None for defendant.
Matter adjd to 07.01.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 03.02.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Plaintiff absent.
Defendant absent.
Adv.Mahesh Haridas Chandanshiv for plaintiff present.
On oral request of advocate for plff. time granted.
Matter adjd to 8/2/ 2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv.Mahesh Chandanshive for plaintiff present.
None present for defendant.
Ld. Adv.for the plaintiffs submits that the plaintiffs Syndicate Bank is merged with Canara Bank. He seeks to carry out the necessary amendment in the plaint, he prays for time. Time granted.
Matter adjd to 16.02.2021 for Amendment.
Next Purpose: FOR___________________
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
KB
LO
Adv.Mahesh Chandanshiv for plaintiff present.
Draft chamber summons a/w. affidavit of draft chamber summons filed by Adv.of plaintiff t.o.r. O-Leave granted to register draft chamber summons.
Heard Ld. Adv. for the plaintiff. The contentions in the chamber summons that the suit was filed initially in the name of Syndicate Bank. The Syndicate Bank now amalgamated with Canara Bank. It is the case of the plaintiff that the Syndicate Bank now functions as Canara Bank. The plaintiff accordingly has sought to amend the plaint. The amendment would not prejudice the defendant. In the interest of justice the amendment is to be allowed.
ORDER
1. The draft chamber summons is allowed.
2. The plaintiff is directed to carry out the amendment within two weeks from today.
3. Draft chamber summons be disposed of.
4. Draft chamber summons be registered for statistical purpose.
LO
Registered Chamber Summons No.329/2021 received from board department which is already disposed of.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application, Exh.2 for extension of time to carry out amendment t.o.r.
O-Time granted till 23.03.2021 to carry out the amendment.
Matter adjd to 23.03.2021 for amendment.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv.Mahesh Chandanshive for plaintiff present.
None present for defendant.
Issue summons to the defendant.
Matter adjd to 20.04.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: None present.
Adj. to 15-06-2021 for report.
Next Purpose: REPORT
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 29.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 14.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.55 pm
None present.
Matter adjd to 17.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.45 pm
None present.
KB
LO at 04.45 pm
None present.
The suit is pending for report of summons/filing of service affidavit. The plaintiff to comply with the same in default suit will be posted for order of dismissal for want of steps.
Matter adjd to 04.10.2021 for service affidavit/steps.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Mahesh present for plaintiff.
None present for defendant.
Plaintiff filed application for extension of time to serve the suit summons t.o.r marked as Exh.03.
O - Time is extended for service of suit summons.
Matter adjd to 16.11.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
The plaintiff tendered application for extension of time, Exh.4 t.o.r.
O-Time is extended.
Matter adjd to 17.12.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
The plaintiff submits that service is awaiting, hence, adjd for affidavit of service on 17.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 07.02.2022 for Service Affidavit
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per office order 27 of 2022 holiday declared.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: None present for plaintiff.
None present for defendant.
Service affidavit is not filed. Keep for order on 29.03.2022.
Judge
LO at 12.33 pm,
Adv.Kishori Tribhuvan h/f.Adv.Mahesh Chandanshiv for plaintiff present. She filed adjournment application t.o.r. and marked as Exh.5. O-Heard. Already matter is adjd for order against plaintiff for not filing affidavit of service. Hence, plaintiff to comply with the requirement.
Matter adjd to 29.03.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.05 pm,
Adv.Kishori Tribhuvan h/f.Adv.Mahesh Chandanshiv for plaintiff present.
The plaintiff filed service affidavit a/w.summons, returned packets t.o.r. and marked as Exh.6 (colly.).
Matter adjd to 19.04.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 16.06.2022 for steps.
Judge
LO at 01.05 pm,
Adv.Mahesh Chandanshiv for plaintiff present.
Matter adjd to 16.06.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Adv Mahesh Chandanshiv present for plaintiff.
None present for defendant.
Adv of plff submitted that on next date he will file Ch/s for substitute service of summons on deft.
Matter adjd to 19.07.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
None Present for Deft.
Adv of plff seeks time for taking necessary steps. Granted.
Adj. For Steps on 27/07/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
None Present for Deft.
Adv of plff filed draft CS along with affidavit for substitute service of suit summons on deft by way of publication in newspaper. Record shows that suit summons were issued to defts by RPAD but it returned with postal remark “intimation” . Thus, Chamber Summons for substitute service is allowed as under.
1. Suit summons be served on defendants by way of publication in newspaper as prayed.
2. Simultaneously plaintiff shall serve suit summons on defendants by pasting it on the door, as well as by Email to the defendants
3. Chamber summons be registered for statistical purposes.
Adj. For Service affidavit on 07/09/2022.
LO 1.00
Adv of plff tendered registered CS 1080/22 along with affidavit which is already disposed of.
Adj. For Service affidavit on 07/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
None Present for Deft.
Ex.07. - Adv of plff filed application for extension time for serve writ of summons. - Granted.
Adj. For Service affidavit on 18/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
None Present for Deft.
Ex.08 - Adv of plff has filed application for extension of time to serve deft by way of substitute service. - Granted.
Adj. For Service affidavit on 01/12/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv. Tanmay Mehta h/f. Mahesh Chandanshiv for plaintiff present.
Advocate of plaintiff seeks time for extension of time to serve suit summons. Granted.
Case adjourned for service affidavit to 4.1.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Adv. Mahesh Chandanshiv Present for Plff.
None Present for Deft.
Exh.09- Adv of plff has filed application for extension of time to serve suit summons by way of pasting. Granted.
Adj. For Service affidavit on 31/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Adv Mahesh Chandanshiv for plaintiff present.
Representative/Manager of plaintiff Mr. Sumit Kumar present
Exh.10 Adv of plaintiff has filed application for extension of time to serve suit summons. Granted.
Adv of plaintiff contended that service report is awaited.
Case adjd for service affidavit on 08.03.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Mahesh Chandanshiv for plaintiff present.
None present for defendant.
Exh.11 Adv.of plaintiff has filed application for extension of time to serve suit summons. Granted.
Case adjd for service affidavit to 26.04.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv. Mahesh Chandanshiv Present for Plff.
Noen Present for Deft.
Exh.12. - adv of plff has filed bailiff report regarding pasting of suit summons on the door of the deft no.1.
adv of plff seeks extension of time for publishing suit summons in newspaper. Granted.
Adj. For Service affidavit on 26/06/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: 26.06.2023
17
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 379/2020
Adv. Mahesh Chandanshiv for plaintiff present.
Ld. Adv. for plaintiff orally requested for time to publication notice of suit summons against the defendant in a news paper.
O- Time granted as prayed for as last chance.
Adjd to 01/08/2023 for affidavit of service.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: None present for plaintiff.
Matter is adj for affidavit of service to 14/09/2023.
L.O at 01.35 p.m.
Adv. Mahesh Chandanshiv for plaintiff is present.
Exh.13 - Filed affidavit of service in respect of paper publication.
Matter is adj for order against defendant to 14/09/2023.
Next Purpose: ORDER
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: Adv. Mahesh Chandanshiv for plaintiff is present.
O- As per service affidavit Exh. 13 the defendant is served through paper publication. None appears for it. Therefore, matter to proceed ex-parte.
Matter is adj for ex-parte evidence to 16/10/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-10-2023
Date: 16-10-2023
Business: Adv. Mahesh Chandanshiv for plaintiff is present and orally prayed for recording evidence. O- Time granted as prayed for.
Witness absent.
Matter is adj for ex- parte evidence to 07/11/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Adv. Mahesh Chandanshiv for plaintiff is present and submitted that, on the next date he shall file draft Ch/S for substitution of A.R. of plaintiff.
Matter is adj for Ex-parte evidence to 12/01/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-01-2024
Date: 12-01-2024
Business: A.R. of plaintiff is present. Advocate of plaintiff is absent.
Matter is adj. for ex-parte evidence to 01/02/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-02-2024
Date: 01-02-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present and tendered draft Ch/S along with affidavit in support. O.-Leave granted to register it.
Matter is adj. for Ch/S returnable to 16/02/2024.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: Matter pertains to C.R.No. 32.
Adv. Mahesh Chandanshiv for plaintiff is present and requested for extension of time to register Ch/S. O- Time extended as prayed for till next date.
Matter is adj. for Ch/S returnable to 26/03/2024.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-03-2024
Date: 26-03-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present and seeks extension of time for registering Ch/S. O- Time extended as prayed for.
Matter is adj. for Ch/S returnable to 18/04/2024.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present and orally requested time for filing registered Ch/S. O-Time granted as prayed for.
Matter is adj. for Ch/S returnable to 24/06/2024.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present and tendered registered Ch/S No. 748 of 2024 along with affidavit in support.
Heard ld. Adv of plaintiff on Chamber Summons.
Order Below Chamber Summons No. 748 of 2024.
The present Chamber Summons is filed by the plaintiff for substituting its authorized officer Mr. K. Krishna Murthy and for bringing on record the newly appointed authorized officer namely Mr.Sumit Kumar Ld. advocate for plaintiff submitted that, the earlier authorized officer has been transferred from the branch of plaintiff bank. If the proposed amendment is allowed then there will be no change in the nature of suit hence, the name of the newly appointed authorized officer needs to be taken on record to represent the plaintiff bank in the suit proceedings.
Therefore, following order is passed.
1) Chamber Summons No. 748 of 2024 is hereby allowed.
2) The plaintiff is directed to carry out the appropriate amendment in the plaint and file the amended copy of plaint on record.
3) Fresh verification of amended plaint is dispensed with.
4) Chamber Summons is hereby disposed off.
Matter is adj. for compliance to 05/08/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: Adv. Mahesh Chandanshvi for plaintiff is present and orally requested time for amended plaint. O-Time granted as prayed for.
Matter is adj. for compliance to 26/08/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: Court is vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: Court is vacant hence adj to
Next Purpose: COMPLIANCE
Next Hearing Date: 12-12-2024
Date: 12-12-2024
Business: Court is vacant hence adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2025
Date: 12-06-2025
Business: None present.
The matter is under the caption of compliance. Hence, parties are directed to comply without fail on or before next date. else appropriate order would follow. If compliance is not made or steps not taken suit would stand dismiss for want of prosecution.
Matter is adj. for compliance/steps to 30.06.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2025
Date: 30-06-2025
Business: Parties are absent.
Adv. Chandanshiv present through V.C for plaintiff.
None present for defendant.
Exh.1/A - Amended plaint filed by plaintiff through his clerk.
Matter is adj. for ex-parte evidence to 19.09.2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-09-2025
Date: 19-09-2025
Business: Parties are absent.
Adv. Mahesh Chandanshiv present through V.C for plaintiff and sought time for filing ex-parte evidence.
None present for defendant.
Matter is adj. for ex-parte evidence to 27.11.2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-11-2025
Date: 27-11-2025
Business: None present.
Court is busy in recording evidence in Commercial suit Nos.1100/2021 and Commercial Suit No. 264/2019 and passing Judgment in Commercial Summary Suit No. 219 of 2024 (High Court transferred Suit bearing No.29/2010 having age of 15 yrs old). Hence, due to paucity of time board is discharged.
Matter is adj. for ex-parte evidence to 24.02.2026.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2026
Date: 24-02-2026
Business: Parties are absent.
Adv. Mahesh Chandanshiv present for plaintiff.
Exh.14 – Evidence affidavit filed by ld. Adv of plaintiff . TOR.
Exh.15 – List of documents filed by ld. Adv of plaintiff. TOR.
Witness PW-1 is present.
Oath is given to witness PW-1
None present for defendant.
Following documents are exhibited.
Exh. P1/1 – The original /photocopy of Authority letter dt. 23.02.2026.
Exh. P1/2 – The original loan application dt. 28.04.2016 and the form of particulars of assets and liabilities dt. 28.04.2016.
Exh. P1/3 – The original sanction letter dt. 28.04.2016.
Exh. P1/4 – The original composite hypothecation agreement dt. 28.04.2016.
Exh. P1/5 – The original the proforma invoice dt. 28.04.2016 Tax invoice dt. 10.05.2016 letter dt. 28.04.2016, receipt dt. 28.04.2016.
Exh. P1/6 – The photocopy Vehicle information dt. 19.05.2016.
Exh. P1/7- The office copy of the letter dt. 18.12.2017, 19.12.2017, 24.08.2018 and 05.09.2018.
Exh. P1/8 – The original valuation report dt. 17.09.2018 public notice dt. 31.08.2018 and release of vehicle dt. 26.09.2018.
Exh. P1/9- The original letter dt. 03.10.2018.
Exh. P1/10 – The office copy of the legal notice dt. 23.01.2018 issued by advocate M. Janardhan and courier receipt and report.
Exh. P1/11 – the copy of the statement of account and 65B certificate.
Exh. P1/12 – The certificate under sec. 2A (a) of the Bankers Book of Evidence Act, 1891.
Exh. P1/13 – The certificate under sec. 2A(b) of the Bankers Book of Evidence Act, 1891.
Exh. P1/14 – The certificate under sec. 2A(c) of the Bankers Book of evidence Act, 1891.
Exh. P1/15 – The certificate of National interest of NPA accounts.
Exh. 16 – Evidence closure pursis filed by ld. Adv of plaintiff.
Matter is adj. for arguments to 27.04.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2026
Date: 27-04-2026
Business: Adv. Mahesh Chandanshiv present through V.C. for plaintiff.
None present for defendant.
Heard arguments of ld. Adv of plaintiff.
Exh.17 Ex-parte Judgment.
Operative part of Judgment.
1.Commercial Suit No.379 of 2020 is partly decreed with costs.
2.Defendants shall jointly and severally pay an amount of Rs.3,41,740.65/- (Rupees Three Lakhs Forty One Thousand Seven Hundred Forty and Sixty Five Paise Only) to plaintiff with interest at the rate of 10.90 percent p.a. from the date of suit till its realization.
3.Decree be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 27-04-2026