Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 14.10.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Court is on leave. Matter adjd to 03.11.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-11-2020
Date: 03-11-2020
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 24/11/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-11-2020
Date: 24-11-2020
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 07/12/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 07.01.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 06.02.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv.Priya Nigvekar for plaintiff present.
None present for defendant.
Matter adjd to 17.02.2021 for Awaiting service report.
Next Purpose: SERVICE
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv.P.A. Das for plaintiff present.
None present for defendant.
Affidavit of service of writ of summons, Exh.2 filed by Adv. of plaintiff t.o.r.
The defendant No.2 i.e. the proprietor of defendant No.2 is served by Post. The acknowledgement is also filed with the affidavit. The defendant No.2 is the proprietor of defendant No.1. Therefore, the defendant No.1 is deemed to be served. The defendant no.1 and 2 are served. They have not appeared in the suit. The suit is proceeded Ex-parte against defendants.
Matter adjd to 02.03.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: None present for plaintiff.
None present for defendant.
Steps not taken by plaintiff. Matter adjd for order against plaintiff.
Matter adjd to 17.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv.Priya Nigwekar i/b. O.A. Das for plaintiff present.
None present for defendant.
KB
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Adv.Priya Nigwekar i/b. O.A. Das for plaintiff present.
Witness present.
Affidavit of examination-in-chief, Exh.3 filed by Adv. of plaintiff t.o.r.
PW No.1-Mr.Rashmi Dinesh Kujur resumed on S.A.
List of documents, Exh.4 filed by adv. of plaintiff t.o.r.
O-The documents annexed with the list are exhibited formally. Its evidentiary value will be considered at the time of final argument of suit.
Authority letter, Exh.5
Application dated 01.08.2016, Exh.6 colly.
Sanction letter bearing Ref.No.DDW/ADV/SRM/2016-17 dated 06.08.2016, Exh.7 colly.
(L-434) Demand promissory note of Rs.8,00,000/-, Exh.8.
(L-435) Bearer Letter of Rs.8,00,000/-, Exh.9
(L-515) Non relation with any director of Bank, Exh.10 colly.
(L-516) Multipurpose document of Rs.8,00,000/-, Exh.11 colly.
(IFD-010) Hypothecation cum loan agreement of Rs.8,00,000/-, Exh.12 colly.
Notice u/s.13(2) of SARFAESI Act, 2002 to defendant Nos.1 and 2 secured by Hypothecation of Book debts, Exh.13 colly.
Office copy of advocate notice dated 25.06.2019, Exh.14 colly.
Statement of account alongwith I.T. Certificate, Exh.15 colly.
Particulars of claim dated 27.06.2019, Exh.16.
Matter adjd to 23.03.2021 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv.Priya Nigwekar for plaintiff present.
None present for defendant.
Evidence closure pursis, Exh.17 filed by adv. of plaintiff t.o.r.
Matter adjd to 24.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv.Priya Nigwekar for plaintiff present.
None present for defendant.
Heard final argument of Adv.Priya Nigwekar.
Matter adjd to 25.03.2021 for judgment
Next Purpose: JUDGMENT
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: None present for plaintiff.
None present for defendant.
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 are directed to pay to the plaintiff a sum of Rs.9,55,203.55 (Rupees Nine Lakhs Fifty Five Thousand Two Hundred and Three and Fifty Five Paise Only). The defendants are further directed to pay to the plaintiff the interest at the rate of 10.85 percent per annum on the principal amount of Rs.7,57,719.70 (Rupees Seven Lakhs Fifty Seven Thousand Seven Hundred and Nineteen and Seventy Paise Only) from the date of filing of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 25-03-2021