Date: 25-02-2020
Business: Adv Prashant Shirke for plff present.
Issue writ of summons on defts.
Matter stands Adj for writ of summons to 23/03/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 23.10.2020 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 09.11.2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 26/11/ 2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 19.12.2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Adv.Atul Gupta for plaintiff present.
None for defendant.
Adv. for plaintiff tender affidavit of service as per endorsement over envelope writ of summons returned due to insufficient address.
Adv. for plaintiff tender draft ch/s alongwith affidavit of service.
Leave to register is granted.
Plaintiff is directed to file statement of truth.
Matter adjd to 16.01.2021 for affidavit of service.
L.O. at 12.25pm
Adv. for plaintiff tender register Ch/s No - 771/2020. t.o.r.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv.Atul Gupta for plaintiff present.
None present for defendant.
Chamber summons No.771/2020 filed as not pressed.
Issue fresh summons to the defendant.
Matter adjd to 12.02.2021 for Summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv.Atul Gupta for plaintiff present.
None present for defendant.
Statement of truth, Exh.3 filed by Adv. of plaintiff t.o.r. O-filed.
The plaintiff had filed affidavit of service of summons, Exh.4 t.o.r.
O-Defendant not served, the plaintiff to take steps.
Matter adjd to 26.02.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Atul Gupta for plaintiff present.
Adv. for defendant absent.
Draft Chamber Summons filed by Adv. Gupta. For the reasons in the chamber summons, issue suit summons to the defendant by Paper Publication in News Paper \"Business Standard\" in English and the \"Lakshadweep\" in Marathi. The Draft Chamber Summons stands disposed of. Chamber Summons be registered for office record.
Matter adjd to 22.03.2021 for report of service of summons.
L.O. at 3.00 pm.
Register Chamber Summons received from department vide Ch/s.No.438/2021 which is disposed of as Draft Ch/s.
Next Purpose: REPORT
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv.Hemangi Kuber i/b. A.B. Shinde and Co. for plaintiff present.
None present for defendant.
The plaintiff had filed affidavit of service of summons, Exh.5.
O-It is mentioned in the affidavit that the summons were published in \''Business Standard\'' English newspaper and \''Mumbai Lakshvedi\'', Marathi newspaper on 15.03.2021.
Matter adjd to 15.04.2021 for appearance of defendant.
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 03.5.2021 for apperance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 30.06.2021 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.07.2021 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: As Court is on leave, matter is adjd to 23.08.2021 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.40 pm
None present.
Matter adjd. to 21.09.2021 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv.Aditya Dilip Waghate i/b.Anand Shinde and Co. for plaintiff present.
None present for defendant.
Read the affidavit of service of summons. Paper publication has been made but the summons was not issued for pasting. Hence, summons be served by pasting.
Matter adjd to 30.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.44 pm,
Adv.Prashant Shinde i/b.Adv.Anant Shinde for plaintiff present.
On oral request adjd for filing service affidavit on 27.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Adv.Priyanka Sugdare i/b.Anant B. Shinde and Co.for plaintiff present.
None present for defendant.
On oral request matter adjd for affidavit of service on 20.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv.Priyanka Sugdare i/b.Anant B. Shinde and Co. for plaintiff.
None present for defendant.
The plaintiff failed to file service affidavit. Oral request for adjournment is rejected. Since, last three dates suit is pending for service affidavit.
Matter adjd to 18.01.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Adv.Dakshata Sawant h/f.Anant B. Shinde and Co. for plaintiff present.
None present for defendant.
The plaintiff filed affidavit of service, Exh.6 t.o.r.
In view of SOP dated 06.01.2022, matter adjd to 21.02.2022 for consideration of service affidavit/steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: Adv.Dakshata Sawant i/b.A.B. Shinde and Co. for plaintiff present.
None present for defendant.
The plaintiff tendered original summons with bailiff report t.o.r. and marked as Exh.7.
ORDER BELOW EXH.1
Heard the Ld.Adv.for the plaintiff. Read the service affidavit, Exh.2. The postal envelope of RPAD returned back as \''address insufficient\''. Read the service affidavit Exh.5. Summons was served by paper publication. Read the service affidavit Exh.6 a/w. original summons, Exh.7 and bailiff report. The defendant\''s premises has been demolished, hence, service by pasting is not possible. Considering the paper publication due service is accepted. The defendants failed to appear, hence, suit to proceed ex-parte against defendant.
Matter adjd to 17.03.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: None present for plaintiff.
None present for defendant.
Plaintiff is absent. No evidence is adduced.
Matter adjd to 28.03.2022 for order against plaintiff.
L.O. at 12.32 p.m.
Adv. Praneeta Shinde for the plaintiff present.
Advocate for the plaintiff filed affidavit of evidence of Mr. Chandraprash Panwar (PW-1) t.o.r and marked as exh.8. and also tendered compilation of documents. t.o.r. and marked as exh.9.
Heard the ld. advocate for the plaintiff on admissibility of the documents at list exh.9. No argument of the defendant. Following order is passed:
The document at Sr.No.1 is the letter of authority dated 16.03.2022 (page No.1). The document is marked as Exh.10.
The document at Sr.No.2 is the letter of sanction dated 29.08.2015 (page Nos.2 and 3). The document is marked as Exh.11.
The document at Sr.No.3 is the demand promissory note for Rs.6.95 lacs dated 29.08.2015 (page No.4). It is marked as Exh.12.
The document at Sr.No.4 is the bearer letter dated 29.08.2015 (page No.5). The document is marked as Exh.13.
The document at Sr.No.5 is the loan installment letter dated Nil (page No.6). The document is marked as Exh.14.
The document at Sr.No.6 is the hypothecation cum loan agreement dated 29.08.2015 (page Nos.7 to 20). The document is marked as Exh.15.
The document at Sr.No.7 is the composite agreement dated 29.08.2015 (page Nos.21 to 28). The document is marked as Exh.16.
The document at Sr.No.8 is the acknowledgment of debt dated 20.06.2018 (page Nos.29 to 32). It is marked as Exh.17.
The document at Sr.No.9 is the office copy of plaintiffs advocates legal notice dated 28.03.2019 addressed to the defendants (page Nos.33 to 35). It is marked as Exh.18.
The document at Sr.No.10 is the returned envelopes received from postal authorities. (page Nos. 36 & 37). It is marked as Exh.19.
The document at Sr.No.11 is statement of accounts (page Nos. 38 to 44). It is marked as Exh.20.
The document at Sr.No.12 is certificate under the Banker\''s Book of Evidence Act,1891 and Section 65B of the Evidence Act, 1891 dated 17.03.2022 (page Nos. 45 to 50). It is marked as Exh.21.
Ld. advocate for the plaintiff filed evidence close pursis. t.o.r. and marked as exh.22.
Heard argument of ld. advocate for the plaintiff.
Matter is adj. to 28.03.2022 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: None present for plaintiff.
None present for defendant.
KB for judgment.
LO at 05.05 pm,
Judgment dictated and pronounced in open Court.
F.R.S.R. following order is passed
ORDER
1. Suit is decreed with costs
2. The defendants do pay jointly and severally to the plaintiff an amount of Rs.4,23,920.41 (Rupees Four Lakh Twenty Three Thousand Nine Hundred Twenty and Paise Forty One only) alongwith interest at the rate of 11.90 percent p.a. from the date of filing of suit till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 28-03-2022