Corporation BankVsMr. Rajesh Chandrakant Jathar

Date: 10-12-2019
Next Purpose: REPORT
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Rohan for plaintiff present.
Adv. For defendant absent.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. for plaintiff filed extension application.
Order  Granted as last chance.
Matter is adjd to 17.02.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Rohan Sinha for plff. Present.
Adv. For deft. Absent.
He orally requested for extension of time.
Matter is adjd to 16.03.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Rohan Sinha for plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Filed application for substitute of service @ affidavit. Order- application is allowed issue summons to defendant by paper publication as prayed.
Matter is adjd to 28.03.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 28-03-2020

Date: 28-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Next Purpose: REPORT
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Next Purpose: REPORT
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: Due to Covid -19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 18-06-2020

Date: 01-06-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPORT
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Business: Due to Covid-20 pandemic none appeared.
Next Purpose: REPORT
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. B. N. Joshi Plff. Present.
Adv. For plff. Tendered draft Ch/s @ affidavit in support. t.o.r.
Order - Leave granted to register.
Adv. For the plff. Filed application for private service and hand delivery. t.o.r.
Order- Application is Allowed as prayed.
Matter is adjd to 26.02.2021 for affidavit of service of ch/s.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: P.O. is on leave.
Matter is adjd to 26.04.2021 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Due to Covid-19 pandemic.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-06-2021

Date: 26-06-2021
Business: Due to Covid-19 pandemic and declared holiday.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. B.N Joshi  for the plff present.
Adv. for the plff. Tendered registered Ch/s No. 224/2021 @ affidavit in support. t.o.r.
Adv. for the plff filed affidavit of service of ch/s T.O.R.
Argument heard in Ch/s
For the reason separately recorded following order is passed.
ORDER
1. The  Chamber Summons No.224/2021 is  allowed.
2. The plaintiff to carry out amendment in the plaint on or before next date.
3. The Chamber Summons No.224/2021 is disposed off.
Matter is adjd to  21.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 11.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: Adjd.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: None present for Plaintiff.
	It appears that the plaintiff has not carried out amendment in the plaint as per order dtd.10/08/2021.
	Matter adj. To  01/07/2022  for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: None for Plaintiff.
Plaintiff has not carried out amendment.   Hence, Plaintiff to comply the same.
Matter adjourned to 17/09/2022 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: None for plaintiff.
Kept back..
Matter called out again at 03.04 P.M.
Adv. Upadhay for plaintiff present.
Plaintiff has yet not carried out amendment.  Plaintiff to comply the same by next date.
At the request of advocate for plaintiff time extended for effecting substituted service.
Matter adjd. to 25.11.2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: None for plaintiff.
It appears that plaintiff has carried out amendment. Plaintiff to serve amended copy of plaint on the defendant and file affidavit of service.
Matter is adj to 03/02/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: None for plaintiff.
No service affidavit is filed.
Matter is adj to 17/04/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
No affidavit of service is filed.
If, plaintiff fails to take proper steps by next date suit would stands dismissed for default.
Matter is adj to 28/07/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: P. O. is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Archana Bhor h/f Adv. V. B. Tiwari for plaintiff is present and filed affidavit of service. It is marked as Exh-8.
Order below Exh-1
By the order dated 16.03.2020, the plaintiff was allowed to serve the writ of summons by way of substitute service. The plaintiff filed today the service affidavit along with the copies of two daily newspaper and prayed for passing ex-parte order.
As the defendant failed to appear, despite the service of writ of summons by way of substitute service, the suit to proceed ex-parte against him.
Matter is adj to 03.01.2023 for filing original documents, if any, and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Manjula Chigari h/f Adv. V. B. Tiwari for plaintiff is present.
Keep back.
Later on at 12.29 pm
Mr. Shashi Bharadwaj, representative of plaintiff is present.
Adv. Manjula Chigari h/f Adv. V. B. Tiwari for plaintiff is present and filed evidence affidavit of Mr. Shashi Bharadwaj and list of documents along with documents. Taken on record. They are marked as Exh-9 and 10 respectively.
Heard Advocate for plaintiff on admission and denial of documents.
The documents at Sr. No. 1 to 6 are original documents, document at Sr. No. 7 is office copy of notice, document at Sr. No.8 is computer generated statement of accounts, document at Sr. No.9 is certificate u/s 2a(A), 2A (B), 2a (C) Bankers Book of Evidence Act, 1819, document at Sr. No.10 is photocopy of Power of Attorney verified from original are marked as exhibits.
Exh-11 Original loan application dated 19.12.2015.
Exh-12 Original Sanction letter dated 21.12.2015.
Exh-13 Original Demand Promissary note dated 21.12.2015.
Exh-14 Original delivery letter to D. P. Note dated 21.12.2015.
Exh-15 Original letter of undertaking/declaration form of borrower dated 21.12.2015.
Exh-16 Original common deed of hypothecation dated 21.12.2015.
Exh-17 Office copy of Legal notice dated 29.10.2018.
Exh-18 Computer generated statements of accounts.
Exh-19 (Colly) Certificate u/s 2a(A), 2A (B), 2a (C) Bankers Book of Evidence Act, 1819.
Exh-20 photocopy of Power of Attorney verified from original.
Advocate for plaintiff is also filed evidence close pursis. Taken on record. It is marked as Exh-21.
Matter is adj to 11.01.2024 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Manjula Chigari h/f Adv. V. B. Tiwari for plaintiff is present.
Keep back.
Later on at 12.15 pm
Adv. Manjula Chigari h/f Adv. V. B. Tiwari for plaintiff is present.
Heard final arguments of counsel for plaintiff.
Matter is adj to 29.01.2024 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: P.O. is on leave
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Manjula Cigari h/f Adv. V. B. Tiwari for plaintiff is present.
Judgment is marked as Exh-22.
FRSR following order is passed-
Order
1) Summary Suit No. 1004 of 2019 is hereby decreed with the costs.
2) The defendant shall pay an amount of Rs.34,016/- (Rupees Thirty Four Thousands and Sixteen only) to the plaintiff.
3)The defendant shall pay to the plaintiff simple interest on Rs. 27,896/- at the rate of 6 percent per annum from 20/12/2018, 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: 03-02-2024

CHAMBER SUMMONS/100224/2021

Registration Number: 101004/2019
Transfer Date: 16-11-2019
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 101004/2019
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 101004/2019
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 116879/2018
Filing Date: 20-12-2018
First Hearing Date: 10th December 2019
Decision Date: 03rd February 2024
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE