Date: 26-10-2018
Business: Matter transferred from Cr. no.28.
Adv. Kunal Vaishanv Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff sought time to filing service affidavit. Granted.
Adj. For Affidavit of service on 18/01/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-01-2019
Date: 18-01-2019
Business: Adv for plff.Ms.Saurabhi present
Matter is Adjd for Affidavit of Service on 15/03/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Matter transferred from Cr. no.09.
Adv. Ms. Sonali Shelar Present for the Plff.
Ld counsel for the plff sought time to file service affidavit. Granted.
Adj. For Service affidavit on 26/06/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: None present.
Adv. Vivek Pathade for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff filed affidavit in service, summons is not executed to the defendant. Filed chamber summons for substitute service - Leave is granted.
Matter adjd to 22.07.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Adv. Aarti Nimbalkar for plaintiff present she filed original Ch/S 1167/189.
Adjd for Hearing to 26.08.2019
Next Purpose: HEARING
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Adv. Viven Patade for plaintiff present.
None present for defendant.
No R and P.
Matter adjd for S. J. hearing to 11.10.2019.
Next Purpose: HEARING
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: None present.
Matter adjd for hearing to 09.12.2019.
L.O. at 12.15pm
Adv.Arti Nimablkar for plaintiff present.
Order -It appears as per affidavit of service that writ of summons was issued by R.P.A.D and it was returned with the remark Lef. Therefore this Ch/s is allowed for issuing summons by way of paper publication as sought and Ch/s is disposed of.
Matter adjd for Compliance to 09.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: P.O. is on training. Board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Harsh Patel for plff. Present.
Adv. For deft. Absent.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. For the plff. Filed affidavit of service. Exh-5 Order- Seen and filed.
Ex-parte order passed below exh-1
Order- Defendant duely served with suit summons vide paper publication. Hence, suit to proceed exparte against the defendants.
Matter is adjd to 06.03.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Representative of Union Bank Present.
Defendant absent.
Adv. Mr. Harsh Patel for plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Filed affidavit of evidence. Exh-6 Order- Seen and filed.
Adv. For the plff. Filed list of document. Exh-7 Order- filed.
Power of attorney dated 05.03.2015 at Sr.No.1 marked as Exh-8
Loan application dated 26.05.2016 at Sr.No.2 marked as Exh-9
Sanction letter dated 27.05.2016 at Sr.No.3 marked as Exh-10
General term loan Agreement dated 27.05.2016 at Sr.No.4 marked as Exh-11
Hypothecation of the said vehicle agreement dated 27.05.2016 at Sr.No.5 marked as Exh-12
Demand promissory note dated 27.05.2016 at Sr.No.6 marked as Exh-13
Letter of continuity dated 27.05.2016 at Sr.No.7 marked as Exh-14
Interest agreement (for base rate) dated 27.05.2016 at Sr.No.8 marked as Exh-15
Id proof at Sr.No.9 marked as Exh-16
Copy of the notice dated 02.08.2017 at Sr.No.10 marked as Exh-17
Copy of the account statement for the period of 11.04.2016 to 29.11.2017 at Sr.No.11 marked as Exh-18
Particulars of Claim at Sr.No.12 marked as Exh-19
Argument heard.
Matter is adjd to 19.03.2020 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 17.04.2020 Exparte Judgment
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Business: Due to Covid-19 lockdown
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: Due to Covid- 19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Saurabh Talekar for plff. Present.
Judgment Exh- 20
For the reasons separately recorded, the following order is passed:
ORDER
1. The defendants do pay Rs.5,69,121.53/- (Rs. Five Lakhs Sixty Nine Thousand, One Hundred Twenty One and Fifty Three Paise Only) to the plaintiff with interest at the rate of 11.15% per annum from the date of filing of the suit till its realization.
2. The defendants do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per rule.
4. Decree be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 04-01-2021