Date: 06-05-2021
Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 17.08.2021.
Next Purpose: REPORT
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Both the parties and their advocates are absent.
L.O. at 12.00 p.m.
Plaintiff absent.
Defendant and his advocate are absent.
Adv. Maya for the plff present.
Matter is adjd to 12.10.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Court is on leave hence, matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: None present.
Matter is adjd for report on 05-05-2022
Next Purpose: REPORT
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: PO is on training. Matter adj. to
Next Purpose: REPORT
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: None for Plaintiff.
None for defendant.
No proper steps are taken since long time to serve writ of summons on defendant. If no proper steps are taken by next date, suit would stand dismissed as per Rule 5 of Order IX of CPC.
Matter adjourned to 20.10.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Adv.Maya Mujumdar for plaintiff present. She filed affidavit of service (Exh-2) O-Filed.
From the service affidavit it transpires that defendants are duly served through RPAD in the month Aug-2021.
In spite of the service defendant failed to cause appearance Hence, suit to proceed ex-parte.
Matter is adj to 18/01/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: None for plaintiff.
No ex-parte evidence is filed.
Matter is adj to 27/03/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Maya Majumdra for plaintiff present. She seeks time to file ex-parte evidence.
Time granted.
None for defendant (Ex-parte).
Matter is adj to 10/07/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Maya Majumdar for plaintiff present.
Application filed by Ld. Counsel for the plaintiff under O-2, R-2 of CPC. TOR. It is marked as Exh-3.
Order below Exh-3
The plaintiff has filed an application under O/2, R/2 of the CPC stating therein that plaintiff does not want to proceed against defendant No.2. The counsel for the plaintiff submits that defendant No.2 is a garantor and he is under Corporate insolvancy resulution process under the IBC and matter cannot proceed against the defendant No.2. She further submits that the plaintiff wants to withdraw the suit against the defendant No.2 with the liberty to file the suit a fresh against him, if the ocassion so arise.
In view of the submissions of the counsel plaintiff, application (Exh-3) is allowed. The suit stands withdrawn against the defendant No.2 with the liberty to file the suit afresh against him is granted, subject to the period of limitation.
Matter adjourned to 08.09.2023 for Evidence (Ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: P.O.is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-11-2023
Date: 22-11-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Maya Mujumdar for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 27.02.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-02-2024
Date: 27-02-2024
Business: Court is on Leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-04-2024
Date: 10-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chance to file ex-parte evidence.
Matter is adj to 26.06.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-06-2024
Date: 26-06-2024
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 and filed draft Chamber Summons for amendment along with affidavit in support. O-Leave is granted to register the draft Chamber Summons.
Matter is adj to 22.08.2024 for filing registered chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-08-2024
Date: 22-08-2024
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 and filed registered Chamber summons No.1362/24 along with affidavit in support. She also filed application under Order-2, Rule-2. Taken on record. It is marked as Exh-4.
Heard counsel for plaintiff on Exh-4.
Matter is adj to 04.10.2024 for Order on Exh-4 and hearing on chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-10-2024
Date: 04-10-2024
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.
Order on CS No.1362/2024
Order
The plaintiff has taken out Chamber summons on 26.06.2024 to substitute authorized representative of plaintiff Bank. It is the contention of the plaintiff that the plaintiff Bank had authorized Smt. B. Shambhabi G. Kamath to file the present suit. However, she is retired. Further, plaintiff Bank has authorized Mr. Jitendra Singh Rawat, Senior Manager as per Authority letter(Exh-A) as Authorized representative of plaintiff Bank. Thus, it appears that considering the facts and circumstances of the case, it is necessary to condon the delay to bring Authorized representative of plaintiff Bank on record. If Chamber summons will allowed, no prejudice would cause to the defendants nor nature of suit will changed. Hence, I proceed to pass following order-
Order
1. Chamber summons No.1362 of 2024 is allowed.
2. The plaintiff is directed to substitute Authorized representative of plaintiff\''s Bank, as prayed.
3. The plaintiff to carry out necessary amendment and file amended copy of the amended plaint within 14 days.
4. The plaintiff is directed to serve the amended copy of the plaint to the other side.
5. Chamber summons No.1362/2024 is disposed of accordingly.
Matter is adj to 06.11.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-11-2024
Date: 06-11-2024
Business: P.O. IS ON LEAVE
Next Purpose: COMPLIANCE
Next Hearing Date: 24-01-2025
Date: 24-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Akanksha Shukla i/b Adv. Maya Majumdar for plaintiff is present and requested for adjournment to file copy of amended plaint. Adjournment is granted.
Matter is adj to 24.02.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-02-2025
Date: 24-02-2025
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 and requested for adjournment to file amended copy of plaint. Adjournment is granted subject to provisions of law to file amended copy.
The defendant and his counsel are absent.
Matter is adj to 02.04.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: PO is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 20-06-2025
Date: 20-06-2025
Business: P. O. has on half day leave(first session).
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2025
Date: 29-07-2025
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 and filed amended plaint. Taken on record. She also filed affidavit of service of amended plaint. On perusing affidavit of service, it appears that amended copy sent to defendant through RPAD, is returned with remark insufficient address.
The defendant and his counsel are absent.
Counsel for plaintiff also filed Evidence affidavit and list of documents along with documents. Taken on record. They are marked as Exh-5 and 6 respectively.
Mr. Jitendra Singh Rawat, Age-32 years, Service, attached to Mumbai Samachar Marg branch, Chembur Mumbai, representative of Plaintiff is present and admitted contents of evidence in affidavit and identified his signature.
Matter is adj to 10.09.2025 for hearing on exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-09-2025
Date: 10-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff and advocate absent.
kb
Later on 1.00pm
Representative of plaintiff is present, Adv absent.
Matter is adj to 14.10.2025 for hearing on Exhibiting the documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-10-2025
Date: 14-10-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Representative of plaintiff is present.
Adv. Maya Majumdar for plaintiff is present.
Heard counsel for plaintiff on exhibiting documents.
Matter is adj to 20.11.2025 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-11-2025
Date: 20-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Maya Majumdar for plaintiff is present.
Perused documents fild by plaintiff vide list Exh-6. Document at Sr. No. 1 to 6 and 15 are original, documents at Sr. No.7 to 9 are office copies, documents at Sr. No.10 and 12 are verified from original, document at Sr. No.13 is printout of statement of account and NPA statement supported by certificate u/s 65B of The Indian Evidence Act and Certificate u/s 2A of the Banker's Books of Evidence Act, 1891. Hence these documents are marked as Exhibits.
Exh-7 Original Loan application dated 10.03.2014.
Exh-8 Original Credit Sanction Intimation dated 22.03.2014
Exh-9 Original Agreement for term loan dated 25.03.2014
Exh-10 Original Agreement for Hypothecation of Vehicles dated 25.03.2014.
Exh-11 Original Letter of undertaking/declaration dated 25.03.2014.
Exh-12 Original Delivery receipt dated 25.03.2014
Exh-13 Office copy of Letter dated 15.11.2019 written by plaintiff bank to the defendant.
Exh-14(colly) Office copy of Legal notice sent by advocate for plaintiff bank to the defendant dated 25.11.2019 along with postal receipt, A. D. card and returned sealed envelope.
Exh-15 Office copy of legal notice sent by advocate of plaintiff bank to premier Ltd. dated 25.11.2019.
Exh-16 Copy of reply letter by Premier Ltd to Plaintiff's Advocate dated 28.11.2019 verified from original.
Exh-17 Copy of rejoinder letter of plaintiff Advocate to Premier Ltd dated 05.12.2019 verified from original.
Exh-18(colly) printout of statement of account and NPA statement supported by certificate u/s 65B of The Indian Evidence Act and Certificate u/s 2A of the Banker's Books of Evidence Act, 1891.
Exh-19 Original Acknowledgment of debt by defendant dated 18.12.2016
Matter is adj to 11.12.2025 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-12-2025
Date: 11-12-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vaishnavi Tathe i/b Adv. Maya Majumdar for plaintiff is present and filed evidence close pursis. TOR and marked as Exh-20.
Matter is adj to 12.01.2026 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-01-2026
Date: 12-01-2026
Business: Court is on half day leave(in morning session)
Next Purpose: ARGUMENTS
Next Hearing Date: 09-02-2026
Date: 09-02-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Maya Majumdar for plaintiff is present through video conference and requested for adjournment. Adjournment is granted.
Matter is adj to 02.03.2026 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2026
Date: 02-03-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Maya Majumdar for plaintiff is present and filed an application for leave under Order-2, Rule-2 of Civil Procedure Code. TOR and marked as Exh-21.
Heard advocate for plaintiff on Exh-21
Matter is adj to 17.03.2026 for Order on Exh-21.
Next Purpose: ORDER
Next Hearing Date: 17-03-2026
Date: 17-03-2026
Business: Decreed
Nature Of Disposal: DECREED
Disposal Date: 17-03-2026
