Date: 25-02-2020
Business: Adv for plaintiff Mr.Prashant Shinde present.
None for the defendant.
Issue summons to all defendants.
Matter is Adjd for Affidavit of Service to 23.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
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: AFFIDAVIT OF SERVICE
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: AFFIDAVIT OF SERVICE
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: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: As the Court is on leave Board in discharged and the matter stands
adjd. to 29.10.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-10-2020
Date: 29-10-2020
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 12/11/2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-11-2020
Date: 12-11-2020
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 10.12.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Adv. Prashant Shinde for plaintiff present.
Adv.for plaintiff file affidavit of service. t.o.r.at Exh-03. As per report Writ of Summons return back with endorsement insufficient address.
Adv. for plaintiff tendered ch/s along with affidavit. Leave is granted to register ch/s.
Adv. for plaintiff file registered Ch/s-718/20. t.o.r.
adjd to 11.01.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv.Atul Gupta h/f.Adv.A.B.Shinde for plaintiff present.
None present for defendant.
Matter adjd to 13.01.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv.Anant B. Shinde for plaintiff present.
None for defendant.
ORDER ON CHAMBER SUMMONS NO.718/2020
1.The postal remark on the report on the envelop shows address is in sufficient.
2.The prayer in the present ch/s can be considered. Issue fresh suit summons on the address mentioned in the plaint.
3.Chamber summons stands disposed off.
Matter adjd 08.02.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv.Atul Gupta for plaintiff present.
None present for defendant.
Matter adjd to 16.02.2021 for service report.
Next Purpose: SERVICE
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv.Atul Gupta for plaintiff present.
None present for defendant.
The plaintiff had filed affidavit of service, Exh.4 t.o.r.
The report points out that the defendant are served on 04.02.2021. Put up for order.
Matter adjd to 03.03.2021 for appearance of defendant.
Next Purpose: FOR APPERANCE
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv.Atul Gupta for plaintiff present.
None present for defendant.
Matter adjd to 10.03.2021 for order against deft.
Next Purpose: ORDER
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv.Atul Gupta for plaintiff present.
None present for defendant.
The defendant though served had not appeared in the suit. The suit to proceed ex-parte against defendant.
Matter adjd to 30.03.2021 for statement of truth, recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv.Hemangi Kuber i/b.Anand Shinde and Co. for plaintiff present.
None present for defendant.
Matter adjd to 15.04.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
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 21.4.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2021
Date: 21-04-2021
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
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 16.06.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 05.07.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 05.08.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv.Atul Gupta for plaintiff present.
None present for defendant.
Matter adjd to 18.08.2021 for R/E (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.08 pm
Adv.Atul Gupta i/b.Anant B. Shinde for plaintiff present.
KB
LO at 12.51 pm
Adv.Atul Gupta i/b.Anant B. Shinde for plaintiff present and filed adjournment application, Exh.5 t.o.r. O-Last chance granted.
Matter adjd to 09.09.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv.Praneeta Shinde h/f.Anand Shinde and Co.for plaintiff present.
None present for defendant.
Witness Chandraprakash Panwar, PW-1 present. He tendered affidavit of evidence a/w. list of documents, Exh.7.
Affidavit of evidence is read and recorded and marked at Exh.6.
List of documents marked as Exh.7.
Statement of truth t.o.r., Exh.8.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr. No.1 is letter of authority dated 02.09.2021 (page No.1). It is marked as Exh.9.
2. The document at Sr. No.2 is letter of sanction dated 01.07.2015 (page No.2-3). It is marked as Exh.10.
3. The document at Sr. No.3 is demand promissory note for Rs.7.23 lakhs dated 01.07.2015 (page No.4). It is marked as Exh.11.
4. The document at Sr. No.4 is bearer letter dated 01.07.2015 (page No.5). It is marked as Exh.12.
5. The document at Sr. No.5 is loan installment letter dated 01.07.2015 (page No.6). It is marked as Exh.13.
6. The document at Sr. No.6 is Hypothecation cum loan Agreement dated 01.07.2015 (page No.7-22). It is marked as Exh.14.
7. The document at Sr. No.7 is Composite Agreement dated 01.07.2015 (page No.23-30). It is marked as Exh.15.
8. The document at Sr. No.8 is photocopy of certificate of registration dated 17.07.2015 (page No.31-34). It is marked as Article-X.
9. The document at Sr. No.9 is acknowledgement of debt dated 20.06.2018 (page No.35-38). It is marked as Exh.16.
10. The document at Sr. No.10 is plaintiffs advocates legal notice dated 28.03.2019 addressed to the defendants (page No.39-41). It is marked as Exh.17.
11. The document at Sr. No.11 is returned envelopes received from postal authorities (page No.42-43). It is marked as Exh.18 (colly.).
12. The document at Sr. No.12 is statement of accounts alongwith relevant certificates (page No.44-57). It is marked as Exh.19 (colly.).
Suit is ex-parte, hence, no cross.
Plaintiff filed evidence close pursis, Exh.20 t.o.r.
Matter adjd to 28.09.2021 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv.Prashant Shinde i/b.Anant B. Shinde and Co. for plaintiff present.
None present for defendant.
Written argument filed by Adv. of plaintiff, Exh.21 t.o.r.
KB
LO at 02.02 pm
Adv.Prashant Shinde i/b.Anant B. Shinde and Co. for plaintiff present.
Matter adjd to 07.10.2021 for citation.
Next Purpose: CIATATION
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv.Dakshata Sawant i/b. M/s.Anant B.Shinde and Co. for plaintiff present.
None present for defendant.
Heard the plaintiff.
KB for judgment in 2nd Session.
LO at 04.30 pm,
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is decreed with costs.
2.The defendants jointly and severally do pay to the plaintiff the amount of Rs.3,06,065.41 (Rupees Three Lakh Six Thousand Sixty Five and Paise Forty One Only) together with interest at the rate of 10 percent per annum from the date of filing of this suit till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 07-10-2021
