Date: 13-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 30.10.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Court is Vacant.
Next Purpose: REPORT
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: None present.
Matter is adjd for Report to 15.02.2022.
Next Purpose: REPORT
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: None present.
Matter is adjd for report on 10-03-2022
Next Purpose: REPORT
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: As PO is on training. Hence, matter adj. to
Next Purpose: REPORT
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: None for plaintiff.
None for defendant.
No affidavit of service is filed by the plaintiff.
Matter is adjd. to 23-08-2022 for steps.
Later on at 1.30 pm
Advocate Ms. Maya for plaintiff present.
Exh.1-Plaint.
Exh.2-VP.
Exh.3-List of documents.
Exh.4-Memorandum of address.
Exh.5-Advocate for plaintiff filed affidavit of service.TOR
From the affidavit it refuse that defendant no. 2 is duly served with however defendant no. 1 is not. Hence, plaintiff to take proper steps against defendant no.1.
Matter is adjd. to 23-08-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Maya Majumdar for Plaintiff present.
None for Defendant.
Learned Advocate for plaintiff seeks time to take steps against defendant no.1. She submits that the OTS proposal submitted by the defendant no.1 is under consideration and therefore, for that reason also, time may be granted.
In view of the submissions matter is adjourned.
Matter adjourned to 16.09.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: None for plaintiff.
None for defendant.
Inspite of the specific order dated 16.06.2022, plaintiff has not taken steps to serve defendant no.1. Still in the interest of justice time granted as a last chance. If plaintiff fails to serve defendant no.1 by next date, suit would stand dismissed against unserved defendants.
Matter adjd. To 25.11.2022 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Adv.Maya Majumdar for plaintiff present.
At the request of advocate for plaintiff matter is kept back.
Second time matter called out at 4.56pm
Adv.Maya Majumdar for plaintiff present. She tendered draft of Chamber Summons along with affidavit seeking permission to serve defendant No.1 by paper publication.
It is contended that the summons has returned unserved with the endorsement not claimed. She submits that defendant No.1 is deliberately avoiding service. She seeks leave to serve him through paper publication.
Defendant No.2 is already served. Matter is pending for service of defendant No.1. The affidavit of service (Exh-5) filed on record reveals that the service attempted through RPAD as returned unserved with the endorsement not claimed and intimation posted. Thus it appears that defendant avoided service. Hence, I find it just and proper to permit the plaintiff to serve defendant No.1 through paper publication as per rule 20 of order V of CPC. Hence, the order-
ORDER
1) Draft Chamber summons is allowed.
2) Plaintiff to serve defendant No.1 by paper publication in two news papers, one English and another Marathi, having void circulation at Nalasopara, Palghar.
3) Plaintiff to file service affidavit accordingly.
4) Draft Chamber Summons disposed of accordingly.
5) Plaintiff to register draft Chamber Summons for statistical purpose forthwith.
Matter is adj to 24/02/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: None for plaintiff.
It appears that plaintiff has not carried out amendment as per order dated 25/11/2022. No application for extension of time is filed. Still in the interest of justice, matter is adj to 03/05/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As court is busy in dictating judgment in Sessions Case No.571 of 2020 and Suit No.8098 of 2001, remaining first session board is discharged. Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 11/08/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
As morning court time is over, Matter is adj to 04.10.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Maya Mujumdar for plaintiff is present and filed affidavit of subsitute service by way of paper publication. TOR. It is marked as Exh-6.
Order below Exh-1
Permission to serve the writ of summons by way of substitute service on defendant No.1 was granted by the order dated 25.11.2022. The writ of summons published in two daily news papers i.e. in Navrashtra and Business Standard, both dated 20.04.2023. Therefore, it is declared that the writ of summons is duly served on the defendant No.1. The defendant No.1 failed to appear. Hence, the suit to proceed ex-parte against defendant No.1.
Ld. counsel for plaintiff also filed application under Order-2, Rule-2. It is marked as Exh-7.
Order below Exh-7
Perused the application. Heard the counsel for the plaintiff. According to her, defendant No.2 is a guarantor and it is under corporate insolvency resolution process under IBC and moratorium u/s 14 of the court is running after the company and therefore, the plaintiff does not want to proceed against defendant No.2 and wants to withdraw the suit with the prayer of granting leave under Order-2, Rule-2 of the CPC.
Application (Exh-3) is allowed. The suit sands withdrawn against defendant No. 2 and leave under Order-2, Rule-2 of CPC to seek the reliefs is granted, subject to the law of limitation.
Matter is adj to 05.01.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Maya Mujumdar for plaintiff is present and requested for adjournment. Adjournment is granted as last chance.
The plaintiff is directed to take positive steps to tender their evidence on next date.
Matter is adj to 24.01.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Adv. Ms. Maya Mujumdar for plaintiff is present and requested for short adjmt to file exparte-evidence.
Matter is adjd as a last chance to file ex-parte evidence.
Matter is adj to 28/02/2024 for filing original documents and Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Court is on Leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 19.06.2024 for filing original documents and ex-parte evidence.
Later on at 1.45 pm
Mr. Jitendra Singh Rawat, representative of the plaintiff is present.
Adv. Maya Mujumdar for plaintiff is present and filed an application for permission to file evidence affidavit and documents. Taken on record. It is marked as Exh-8. O-Allowed.
Evidence affidavit of Mr. Jitendra Singh Rawat is taken on record and it is marked as Exh-9.
List of documents along with documents is taken on record and it is marked as Exh-10.
Matter is adj to 19.06.2024 for hearing on admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
The plaintiff is given last to argue on hearing on admission and denial of documents.
Matter is adj to 24.07.2024 for hearing on admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-07-2024
Date: 24-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Akanksha Shukla h/f Maya Majumdar for plaintiff is present and requested for adjournment. Adjournment is granted as a last chance.
Matter is adj to 23/08/2024 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-08-2024
Date: 23-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 21.10.2024 for hearing on admission and denial of document.
Later on at 1.07 pm
Adv. Akanksha Shukla h/f Adv. Maya Majumdar for plaintiff is present.
Matter is adj to 21.10.2024 for hearing on admission and denial of document.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Akanksha Shukla h/f Adv. Maya Majumdar for plaintiff is present.
Heard counsel for plaintiff on exhibiting documents.
Matter is adj to 25.11.2024 for exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Akanksha Shukla h/f Adv. Maya Majumdar for plaintiff is present through Video conferencing.
Perused documents filed by the plaintiff vide list Exh-10. Documents at Sr. No.1 to 6, 14 are originals, documents at Sr. No.7 to 9 are office copies, Documents at Sr. No.10 and 11 are copy of Legal Notices verified from originals, document at Sr. no.12 is Statement of accounts and NPA statement supported by Certificate u/s 65B of The Indian Evidence Act. Hence, these documents are marked as Exhibits.
Documents at Sr. No.13 and 17 are photocopies. Hence, these documents are not exhibitied.
Exh-11 Loan application
Exh-12 Credit Sanction Intimaiton
Exh-13 Agreement for Term Loan
Exh-14 Agreement for Hypothecation.
Exh-15 Letter of undertaking/declaration
Exh-16 Delivery Receipt
Exh-17 Office copy of Letter written by plaintiff bank to defendant.
Exh-18 Office copy of Legal Notice dated 06.12.2019.
Exh-19 Office copy of Legal Notice dated 09.12.2019.
Exh-20 Copy of reply to letter dated dated 28.11.2019 by Premier Ltd to plaintiffs Demand Notice (Verified from original)
Exh-21 Copy of reply dated 05.12.2019 to letter dated 28.11.2019 by Premier Ltd to plaintiffs Demand Notice (Verified from original)
Exh-22(colly) Certified statement of accounts and NPA statement supported by certificate u/s 65B of The Indian Evidence Act.
Exh-23 Original acknowledgement of defendant
Matter is adj to 06.01.2025 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2025
Date: 06-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Akansha Shukla h/f Adv. Maya Majumdar for plaintiff i present and filed evidence close pursis. Taken on record. It is marked as Exh-24.
Matter is adj to 04.02.2025 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-02-2025
Date: 04-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 25.02.2025 for ex-parte argument.
Later on at 12.47 pm
Adv. Maya Majumdar for plaintiff is present.
Matter is adj to 25.02.2025 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-02-2025
Date: 25-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Akanksha Shukla h/f Adv. Maya Majumdar for plaintiff is present.
Keep back.
Later on at 12.26 pm
Adv. Maya Majumdar with Adv. Akanksha Shukla for plaintiff is present.
Heard ex-parte argument of counsel for plaintiff.
Matter is adj to 05.03.2025 for further argument/ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-03-2025
Date: 05-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Aakansha Shukla h/f Adv. Maya majumdar for plaintiff is present through video conferencing
Keep back.
Matter is fixed for ex-parte judgment. Advocate for plaintiff to clarify on the point of limitation.
Matter is adj to 21.03.2025 for argument on the point of limitation.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-03-2025
Date: 21-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Maya Mujumdar present through VC and Adv. Akanksha Shukla for plaintiff present in court.
Heard Ld. counsel for plaintiff on point of limitation.
Matter is adj to 05.04.2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 05-04-2025
Date: 05-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Akanksha Shukla h/f Adv. Maya Majumdar for plaintiff is present.
Ex-parte judgment is marked as Exh-25
FRSR following order is passed
Order
1)Summary Suit No. 460 of 2021 is hereby decreed with the costs.
2)Defendant No. 1 shall pay an amount of Rs. 2,83,667/- (Rupees Two Lakhs Eighty Three Thousand Six Hundred Sixty Seven only) to the plaintiff bank.
3)The defendant No. 1 shall pay to the plaintiff simple interest on Rs. 2,59,280/- at the rate of 7 percent p.a. from 16/12/2019, 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: 05-04-2025