Date: 14-11-2019
Date: 18-06-2022
Next Purpose: DIRECTIONS
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Sonali Kolande for plaintiff present.
Issue suit summons to defendants along with plaint and documents annexed with plaint for settlement of issues and for filing written statement within 30 days from the date of service of summons to defendants.
The matter is adjd for affidavit of service to 19.08.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Pooja Sahu for plaintiff present.
Exh.2 - Adv. For plaintiff tendered application for extension of time for service of writ of summons.
O. - Extension of time for service of writ of summons is granted.
The matter is adjd for affidavit of service to 27.09.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: The court is vacant.
Hence, matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: As court is vacant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: The court is vacant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: Court is vacant. Hence adjd. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: As court is vacant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Matter received from C.R.No. 14.
None present.
Matter is adj for service affidavit to 27/09/2023.
L.O at 01.20 p.m.
Adv. Pooja Shahu for plaintiff is present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: None present for plaintiff.
Matter is adj. for affidavit of service to 20/12/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2023
Date: 20-12-2023
Business: None present.
Matter is adj. for affidavit of service to 18.01.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-01-2024
Date: 18-01-2024
Business: None present for plaintiff.
Roznama shows that since 17.08.2023 none present for plaintiff. Matter is of the year 2020. till date service was not effected upon the defendant. No steps taken since long. Hence matter be kept for dismissal order.
Matter stands Adj for dismissal on 17.02.2024
Next Purpose: DISMISSAL
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: P. O. is on Leave.
Next Purpose: DISMISSAL
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: None present.
KB
LO at 12.50 pm
Adv Pooja Sahu for plaintiff present and filed an application for exetnsion of time to serve writ of summons upon defendants. t.o.r. marked as Exh. 03. O- Seen.
Heard.
O- It is to be seen that today the matter is under the caption dismissal. The plaintiff has filed the present suit on 06/06/2019. However till date the plaintiff failed to serve writ of summons upon defendants. Therefore, the matter is kept for dismissal. Now at this belated stage again the plaintiff has filed an application for extension of time to serve writ of summons. Therefore, in the interest of justice application stands allowed subject to cost of Rs. 5000/- paid by the plaintiff to DLSA, Mumbai within 15 days from the date of order, failing which the suit stands dismissed.
Matter stands Adj for Compliance and Affidavit of Service on 12/04/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2024
Date: 12-04-2024
Business: Adv P. S. Kharat h/f Adv Manish Tiwari and Associates for plaintiff present.
The Ld. Adv for plaintiff filed an application for setting aside order dated 27/03/2024 thereby cost of Rs. 5000/- imposed upon the plaintiff. t.o.r. marked as Exh. 04. O- Seen.
It is submitted that the matter was for issuance of writ of summons, but after collecting writ of summons as the Court was vacant on 09/11/2022 to 05/07/2023, hence the plaintiff could not file the affidavit of service.
Thereafter again the plaintiff on 08/05/2023 sent writ of summons to the defendant and get it affirmed from Assistant Superintendent on 27/09/2023, but as the Court was vacant, therefore, the affidavit of service could not be filed. Thereafter, due to some unavoidable circumstance the Ld. Adv for plaintiff could not attend the matter and failed to take steps for serving writ of summons and file affidavit of service. Therefore, the order dated 27/03/2024 may kindly be set aside.
Herein it is to be noted that the present suit is filed in the year 2019. Though it is submitted that the Court was vacant but the charge of vacant court is always kept with another Court and therefore, there is no reason for the plaintiff for non filing affidavit of service. Hence no ground made out by the plaintiff for setting aside order dated 27/03/2024. Hence the application stands rejected.
KB
LO at 3.05 pm
Same appearance for plaintiff.
The Ld. Adv for plaintiff filed pursis along with receipt of Rs. 5000/-. t.o.r. marked as Exh. 05. O- Seen.
It is submitted that the plaintiff has complied with payment of cost of Rs. 5000/-.
The Ld. Adv for plaintiff filed affidavit of service. t.o.r. marked as Exh. 06. O- Seen. It is submitted that the writ of summons returned unserved.
The Ld. Adv for plaintiff filed an application for substitute service. t.o.r. marked as Exh. 07. O- Seen. It is submitted that despite of efforts the service could not be effected upon the defendants. Hence considering the submissions permission to publish notice in two daily news papers i.e. Marathi and English language videly circulated from the area where the defendants lastly known to reside or carries their business. Application (Exh. 07) stands disposed of.
Matter stands Adj for Affidavit of service on 18/06/2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Date: 06-07-2024
Business: Adv Pooja Sahu for plaintiff present.
KB
LO at 12.10 pm
Same appearance for plaintiff.
On oral request matter is removed from the caption of dismissal.
She filed affidavit of service. t.o.r. marked as Exh. 08.
O- Seen.
It is submitted that the writ of summons is duly served upon the defendants through paper publication published in daily news paper Business Standard and Pratahkal dated 28/06/2024. However defendants failed to appear. Hence matter be kept for passing ex-parte order.
Matter stands Adj for passing Ex-parte Order on 30/07/2024.
Next Purpose: ORDER
Next Hearing Date: 30-07-2024
Date: 30-07-2024
Business: None present for plaintiff.
KB
LO at 12.50 pm
Adv Pooja Sahu for plaintiff present.
None appeared for defendant though duly served. Hence matter to proceed ex-parte against the defendant.
Matter stands Adj for Ex-parte Evidence on 30/08/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-08-2024
Date: 30-08-2024
Business: P. O. is On Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: None present, as a last chance matter stands Adj for Ex-parte Evidence on 16.10.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: Adv Pooja Sahu for plaintiff present.
She filed draft CS along with affidavit in support of it.
O- Leave to register is granted.
Matter stands Adj for CS Hearing on 07/11/2024.
Next Purpose: C/S HEARING
Next Hearing Date: 07-11-2024
Date: 07-11-2024
Business: Adv Manisha Sonawane for plaintiff present.
On oral request, matter stands Adj for CS Hearing on 29/11/2024.
Next Purpose: C/S HEARING
Next Hearing Date: 29-11-2024
Date: 29-11-2024
Business: Adv Pooja Sahu for plaintiff present.
She tendered registered CS 2290/2024. t.o.r.
Heard.
Order below Chamber Summons no. 2290 of 2024 -
The plaintiff has taken out the present Chamber Summons to allow the plaintiff\''s bank to substitute the new officer Mr. Manojkumar H. Parmar in place of its earlier officer Mr. Dilip Raj Satpathy. It is submitted that, the suit is filed through earlier authorized officer Mr. Dilip Raj Satpathy, however he was transferred from the plaintiff\''s branch and in place of him above stated new officer has been appointed. Therefore, the plaintiff wants to substitute the name of Mr. Manojkumar H. Parmar in place of Mr. Dilip Raj Setpathy. Considering this aspect and the fact that said amendment is neither going to change the nature of suit nor cause any prejudice to other side, I am inclined to pass following order -
1. Chamber Summons no. 2290 of 2024 stands allowed and made absolute in terms of prayer clause (2).
2. The plaintiff to carry out amendment within 14 days from the date of order.
3. Plaintiff to file amended copy of plaint on record.
4. Chamber Summons no. 2290 of 2024 stands disposed of.
Matter stands Adj for Compliance on 13/12/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-12-2024
Date: 13-12-2024
Business: Adv Pooja Sahu for plaintiff present.
She filed copy of amended plaint. t.o.r. marked as Exh. 1A. O- Seen.
Matter stands Adj for Ex-parte Evidence on 23/01/2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-01-2025
Date: 23-01-2025
Business: Adv Pooja Sahu for plaintiff present.
On oral request last chance granted for filing ex-parte evidence.
Matter stands Adj for Ex-parte Evidence on 06/02/2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-02-2025
Date: 06-02-2025
Business: None present for plaintiff.
KB
Later on at 13.11 pm
Adv. Manisha Sonawane for plaintiff present.
Witness of the plaintiff Manoj Kumar Hemchand Parmar is present.
O. Oath administered and he admits the contents of the affidavit of examination in chief to be true and correct.
Exh.9 Affiadvit of examination in chief filed by adv for plaintiff. t.o.r. and marked as exh.9
Exh.10 List of documents taken filed by adv for plaintiff. t.o.r. and marked as exh.10
Adv for the plaintiff filed evidence closing pursis. TOR.
O. Seen
Matter stands Adj for marking of documents on 13-03-2025.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-03-2025
Date: 13-03-2025
Business: Adv Pooja Sahu for plaintiff present.
Document at Sr. no. 1 is an Original Loan Application Form marked as Exh. 11.
Document at Sr. no. 2 is an Original Sanction Letter marked as Exh. 12.
Document at Sr. no. 3 is an Original Proprietorship / Individual marked as Exh. 13.
Document at Sr. no. 4 is an Original Letter of Continuity marked as Exh. 14.
Document at Sr. no. 5 is an Original General Term Loan Agreement marked as Exh. 15.
Document at Sr. no. 6 is an Original Hypothecation of Vehicle Agreement marked as Exh. 16.
Document at Sr. no. 7 is an Original Agreement rate of interest marked as Exh. 17.
Document at Sr. no. 8 is an Original Letter of Confirmation marked as Exh. 18.
Document at Sr. no. 9 is an Original Letter of Undertaking from the Borrower marked as Exh. 19.
Document at Sr. no. 10 is Detail of Hypothecated Vehicle marked as Exh. 20.
Document at Sr. no. 11 is an Original Tax Invoice, Debit Notice and Receipt (BWD) voucher marked as Exh. 21 collectively.
Document at Sr. no. 12 is an Office Copy of Legal Notice along with Postal Receipt and returned envelopes marked as Exh. 22 collectively.
Document at Sr. no. 14 is Statement of Account marked as Exh. 23.
Document at Sr. no. 15 is Certificate u/s 2A(a) to (c) of Banker's Book of Evidence Act marked as Exh. 24.
Document at Sr. no. 16 is an Original Authority Letter marked as Exh. 25.
Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 26.
Matter stands Adj for Arguments on 29/03/2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-03-2025
Date: 29-03-2025
Business: Adv Dhanashri Kadam for plaintiff present.
Heard.
Matter stands Adj for Ex-parte Judgment on 11/04/2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 11-04-2025
Date: 11-04-2025
Business: Adv Pooja Sahu for plaintiff present.
Matter stands Adj for Ex-parte Judgment on 24.04.2025.
Sheristedar
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 24-04-2025
Date: 24-04-2025
Business: Adv Pooja Sahoo for plaintiff present.
Due to paucity of time, as Court is busy in deciding time bound matter i.e. NM in Commercial Suit 471/2024 time bound by Hon'ble Chief Justice, matter stands Adj for Ex-parte Judgment on 06/05/2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 06-05-2025
Date: 06-05-2025
Business: Adv Pooja Sahu for plaintiff present.
Due to paucity of time, matter stands Adj for Ex-parte Judgment on 09/05/2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 09-05-2025
Date: 09-05-2025
Business: None present for plaintiff.
Due to paucity of time, matter stands Adj for Ex-parte Judgment on 09/06/2025.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 09-06-2025
Date: 09-06-2025
Business: Adv Pooja Sahu for plaintiff present.
Exh 27 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No.473 of 2020 is partly decreed with Costs.
2. Defendants do pay jointly and severally an amount of Rs.4,54,193/- together with interest at the rate of 9 percent per annum from the date of filing of suit till its full realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No.473 of 2020 stands disposed off accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 09-06-2025
