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: 11-09-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 04-11-2020
Date: 04-11-2020
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 23/11/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-11-2020
Date: 23-11-2020
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 14/12/2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 14.01.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
None present for plaintiff.
None present for defendant.
Matter adjd to 08-02-2021 for directions.
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.
Matter adjd to 02.03.2021 for Compliance.
LO
Registered Chamber Summons No.328/2021 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 writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: None present.
Adj. to 11-06-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 08.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 20.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: None present.
Matter adjd on 28.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: As Court is on leave, matter is adjd to 18.08.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: HHJ is on Leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.20 pm
None present. Record shows that amendment has been carried out but writ of summons is not issued, hence,
ORDER
Issue writ of summons to the defendants. Returnable on 09.11.2021.
Matter adjd to 09.11.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.02 pm,
None present.
Matter adjd to 14.12.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022 matter adjd to 08.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: None present.
None present for defendant. In view of SOP dated 6.1.2022, matter adjd to 08/03/2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv.Kishori Tribhuvan i/b.Adv.Mahesh Chandanshiv for plaintiff present.
None present for defendant.
Plaintiff wants to file adjournment application, hence, KB.
LO at 12.16 pm,
Adv.Kishori Tribhuvan i/b.Adv.Mahesh Chandanshiv for plaintiff present.
The plaintiff filed adjournment application t.o.r. and marked as Exh.3. O-Last chance is granted.
Matter adjd to 06.04.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: None present for plaintiff.
None present for defendant.
Service affidavit is not filed. Keep for order.
Matter adjd to 10.06.2022 for order.
Judge
LO at 12.40 pm,
Adv.Kishori Tribhuvan h/f.Adv.Mahesh Chandanshiv for plaintiff present.
The plaintiff filed application for issuance of fresh writ of summons t.o.r. and marked as Exh.4.
O-Issue fresh writ of summons by RPAD.
Matter adjd to 10.06.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: None present for both parties.
K.B. L.O. at 12.50 p.m.
Adv Mahesh Chandanshiv for plff present and requested time to file affidavit of service.
Matter adjd to 27.07.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Mahesh Chandanshiv Present for Plff.
None Present for Deft.
Ex.05- adv of plff filed application for extension of time for issuing fresh writ of summons. - Granted.
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.06. - 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.07 - Adv of plff has filed application for extension of time in issuing fresh summons. - 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.
Service report is awaited.
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.
Exh.8 Adv of plaintiff has filed service affidavit a/w RPAD envelope with postal remark “Refused date 23.12.2022”. Thus defendants served with suit summons on 23.12.2022. However defendant did not appear. Hence, case be proceeded ex-parte against defendant. Case adjd for exparte evidence On 08.03.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Mahesh Chandanshiv for plaintiff present and prayed for adjournment to adduce evidence. Granted.
None present for defendant.
Matter adjd for ex-parte evidence to 05.04.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: Adv. Mahesh Chandanshiv Present for Plff.
None Present for Deft.
Adv of plff seeks time to file evidence. Granted.
Adj. For Ex-parte evidence on 08/06/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: Court is on leave. Hence, adjd.to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Adv. Mahesh Chandanshiv present for plff.
None present for deft.
Ld adv for plff has for the third time made oral request to adjourn the matter on the ground that concerned officer of the plff bank is not available today.
Order- Adjournment is hereby granted as last chance to the plff. It is hereby made clear that if adjournment is again sought on the next date then no adjournment would be granted and matter would be posted for dismissal order.
Adj. For Ex-parte evidence on 25/07/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Adv. Shri. Mahesh Chandanshiv for plaintiff is present.
Adv for plaintiff filed draft Ch/s along with affidavit for substitute the name of authorized person.
Order passed on draft Chamber Summons.
1) Draft Chamber Summons is allowed.
2) Plaintiff to carry out amendment within limitation.
3) Draft Chamber Summons is disposed of and it be registered for statistical purpose.
Adv. for plaintiff filed affidavit of evidence and compilation of documents t.o.r. and marked as Exh.9 and 10 respectively.
Matter is adj for carrying out amendment, oath and
marking of documents to 24.08.2023
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: A.R of plaintiff is present.
Adv.Mahesh Chandanshiv for plaintiff is present.
Exh. 1/1- Amended Plaint filed by A.R of plaintiff.
Witness PW-1 Mr. Sumit Keshow Kumar is present.
Oath is given to the witness for his evidence affidavit at Exh. 9.
On oral request of ld. adv of plaintiff matter is adjourned for marking of documents.
Matter is adj. for ex-parte evidence (marking of documents) 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: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Mahesh Chandanshiv for plaintiff is present.
As court is busy in recording evidence in Commercial Summary Suit No. 95/2022 hence, matter is adjourned.
Matter is adj. for ex-parte evidence to 04/03/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present and requested for time for applying for leave of Court to file additional documents, if any. O- Time granted as prayed for.
Matter is adj. for ex-parte evidence to 04/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present and submitted that the authorized officer of plaintiff bank is not available today hence, further date may kindly be given for leading secondary evidence. O-Time granted as prayed for.
On specific oral request of ld. Adv of plaintiff matter is adj. for ex-parte evidence to 24/06/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present and submitted that, the Authorized officer of plaintiff bank is not available and he needs to file affidavit regarding secondary evidence.
Matter is adj. for steps to 05/08/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: Adv. Mahesh Chandanshiv for plaintiff is present and requested to KB the matter.
Later on at 01.15 p.m.
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 26/08/2024.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: Court is vacant.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: Court is vacant hence adj. to
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-12-2024
Date: 05-12-2024
Business: Court is vacant hence adjourned to
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: This is the matter having age of more then 5 yrs.
Parties are absent.
Adv. Mahesh Chandanshiv present for plaintiff and prayed for extension of time for registration of Ch/S. O-Time extended as prayed for.
Matter is adj. for Ch/S returnable to 07.05.2025
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-05-2025
Date: 07-05-2025
Business: Parties are absent.
Adv. Mahesh Chandashiv present through V.C. for plaintiff and sought adjournment hence, adjourned. If the positive steps is not taken tomorrow order in accordance with law will follow.
None present for defendant.
Matter is adj. for Ch/S returnable to 08.05.2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-05-2025
Date: 08-05-2025
Business: Adv. Mahesh Chandanshiv present for plaintiff.
None present for defendant.
Matter is adj. for Ch/S returnable to 21.07.2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-07-2025
Date: 21-07-2025
Business: Coram-H.H.J. SHRI. S. P. PINGLE JUDGE, (C.R.No 32)
Parties are absent.
Adv. Chandanshiv present for plaintiff and informed that, leave to register chamber summons for substitution of bank officer on 05-08-2024. As per roznama matter is adjourn on 26-08-2024. When the court was vacant and the adjourn on 22-10-2024 and subsequently on 20-10-2024. Therefore, again extension was sought. Hence, time is extended. Thereafter, today tendered unregistered chamber summons with lodging no 4059/2025 dated 11-03-2025. I became shocked and surprised that, the chamber summons is not registered from 11-03-2025 upto till date. Call the explanation by sending copy of this roznama to the registration department/ board department, why from 11-03-2025 till handing over it to the ld. advocate for the plaintiff for more than 4 months chamber summons is not registered. Hence, forthwith chamber summons be register in accordance with rules.
Matter is adj. for to Chamber Summons returnable/ Report to 16-10-2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-10-2025
Date: 16-10-2025
Business: None present.
Court is busy hearing in final arguments in 655/2024 (High Court transferred Suit bearing No.1894/2004 having age of 21 yrs old. ), passing order in NM No.3197/2024 in Com. Suit No. 1089/2024 (High Court suit No.147/2022) and other matters on board. Hence, due to paucity of time matter is adjourned.
Matter is adj. for NM hearing to 08.01.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2026
Date: 08-01-2026
Business: Parties are absent.
Adv. Mahesh Chandanshiv present through V.C. for plaintiff.
None present for defendant.
Matter is old. Ch/S No. 1772/2025 is allowed subject to costs of Rs. 1000/- to be paid to the DLSA with direction to the plaintiff not to substitute the authorized representative repeatedly in future.
Matter is adj. for ex-parte evidence/costs compliance 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.
None present for defendant.
Later on at 01.25 p.m.
Adv. Mahesh Chandanshiv present for plaintiff and filed costs compliance pursis TOR. Marked as Exh. 11.
On last week Ch/S No. 1772/2025 was allowed. it was for leading seconding evidence. However, in the Roz. it is mentioned that it was for substitution of officer. Record to that effect is correct.
Following documents are exhibited.
Exh.P1/1 – Original photocopy of authority letter.
Exh.P1/2 – Original Loan applicaiotn dt. 15.03.2016 and the form of particulars of assets and liabilities dt. 04.04.2016.
Exh.P1/3 – The original sanciton letter dt. 04.04.2016.
Exh. P1/4 – The original composite Hypotecation Agreement dt. 04.04.2016.
Exh. P1/5 – The original confirmation of Delivery of Machinery/vechicles dt.29.04.2026 and the proforma invoice dt. 15.03.2016 letter dt. 04.04.2016, receipt dt. 26.03.2016.
Exh. P1/6 – The photocopy vehicle information dt. 22.04.2016.
Exh. P1/7 – The office copy of the letter dt. 30.01.2017, 01.12.2017, 18.12.2017, 19.12.2017 and letter of surrender and repossession intimation to police dt. 23.12.2017 and AOP.
Exh. P1/8 – Original valuation report dt. 25.01.2018 public notice dt. 31.08.2018 and release of vehicle dt. 25.09.2018.
Exh. P1/9 – The original letter dt. 21.10.2017, 24.08.2018 and 03.10.2018.
Exh. P1/10 – The office copy of the legal notice dt. 23.10.2018 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 of National Interst of NPA accounts.
Exh. P1/15 – The Certificate uec. 2A(c) of the Bankers Book of Evidence act 1891.
Exh. 12- 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: Parties are absent.
Adv. Mahesh Chandanshiv present through V.C. for plaintiff.
None present for defendant.
Heard arguments of ld. Adv of plaintiff.
Exh. 13- Ex-parte Judgment.
1.Commercial Suit No.377 of 2020 is partly decreed with costs.
2.Defendants shall jointly and severally pay an amount of Rs.5,75,221.76/- (Rupees Five Lakhs Seventy Five Thousand Two Hundred Twenty One and Seventy Six 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