Date: 06-05-2021
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As per office order dated 12/10/2021
Next Purpose: REPORT
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to 21-03-2022 for Report.
Next Purpose: REPORT
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Advocate Ms. Maya Mujumdar for plaintiff present.
None for defendant.
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5-She filed service affidavit TOR
Matter is adjd. for ex-parte order to 09-06-2022.
Next Purpose: ORDER
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: None present.
The affdvt of service of w/summons upon defendant no.1 and 2 at Exh-5. As per the affdvt Exh-5 both the defts have been served but they remained absent. Hence, matter to proceed exparte against deft no.1 and 2. Adjd to 11/7/2022 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR (C.R. No.15)
None present for Plaintiff.
Kept for Dismissal.
Adjd to 30/07/2022 for Dismissal Order.
Judge
Next Purpose: DISMISSAL
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: As court is vacant.
Next Purpose: DISMISSAL
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: As court is vacant
Next Purpose: DISMISSAL
Next Hearing Date: 26-11-2022
Date: 26-11-2022
Business: As per Office Order No.229 of 2022 dt.31.10.2022, matter is adjourned to 10-12-2022.
Next Purpose: DISMISSAL
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: As court is vacant
Next Purpose: DISMISSAL
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: As court is vacant
Next Purpose: DISMISSAL
Next Hearing Date: 06-05-2023
Date: 06-05-2023
Business: Matter pertains to C.R.No.15
Adv. Majumdar for plaintiff present.
None present for defendant.
Exh.06 - Application for removing the matter from caption of dismissal. O-Application is allowed in the interest of justice.
Matter Adjd for filing ex-parte evidence on 18/08/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: Adv.Maya Majumdar for plaintiff, tendered application for withdrawal of claim against defendant no.2 with leave TOR marked as Exh.7.
None present for defendant.
Heard. It is contended that the defendant No.2 is under liquidation and moratorium is running against defendant no.2, hence, claim can not be proceeded against defendant no.2, therefore plaintiff wants to withdraw the claim against defendant no.2 with leave to proceed at later stage as on when the defendant no.2 if necessary. Considering submission application stands allowed as prayed for.
Matter to proceed against defendant No.1 only.
Matter stands adjourned for ex-parte evidence on 12-10-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-10-2023
Date: 12-10-2023
Business: None present.
Matter stands adjourned for Ex-parte evidence on 03-01-2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Business: Adv.Maya Majumdar present for plaintiff. Seeking time. Time is granted.
None present for defendant.
Matter stands adjourned for Ex-parte evidence on 03-02-2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: None present.
KB.
L.O. at 1.00 pm.
Adv.Maya Majumdar present for plaintiff, tendered affidavit of evidence along with compilation of documents TOR marked as Exh.8 and Exh.9.
None present for defendant.
Matter stands adjourned for Exhibiting of Documents on 30-03-2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: Adv.Maya Majumdar present for plaintiff.
None present for defendant.
The following documents are verified under the list Exh.9.
Documents at Sr.No.9,10 and 11 are verified and returned to plaintiffs Advocate.
Matter stands adjourned for admission denial on 25-06-2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: Adv.Akansha Shukla h/f Maya Majumdar present for plaintiff.
None present for defendant.
Kept back.
L.O. at 3.00 pm
Adv. Maya Majumdar present for plaintiff.
None present for defendant.
The following documents are exhibited under the list Exh.9.
The Document at Sr.No.1 is the loan application TOR marked as Exh.10-Colly.
The Document at Sr.No.2 is the credit sanction intimation TOR marked as Exh.11-Colly.
The Document at Sr.No.3 is the original agreement for term loan TOR marked as Exh.12-Colly.
The Document at Sr.No.4 is the original agreement for hypothecation TOR marked as Exh.13-Colly.
The Document at Sr.No.5 is the original letter of undertaking/declaration TOR marked as Exh.14-Colly.
The Document at Sr.No.6 is the original delivery receipt TOR marked as Exh.15.
The Document at Sr.No.7 is the copy of letter written by plaintiff bank of the defendant TOR marked as Exh.16-Colly.
The Document at Sr.No.8 is the copy of legal notice dated 20.11.2019 sent by plaintiff bank to the defendant No.1 TOR marked as Exh.17-Colly.
The Document at Sr.No.9 is the copy of the legal notice dated 25.11.2019 sent by Advocate for plaintiff bank to the premier ltd TOR marked as Exh.18-Colly.
The Document at Sr.No.10 is the copy of reply dated 28.11.2019 by premier ltd to plaintiffs demand notice sent through its advocate TOR marked as Exh.19-Colly.
The Document at Sr.No.11 is the copy of the reply dated 05.12.2019 by plaintiffs Advocate to letter dated 28.11.2019 TOR marked as Exh.20-Colly.
The Document at Sr.No.12 is the certified statement of statement of accounts TOR marked as Exh.21-Colly.
The Document at Sr.No.14 is the original acknowledgment of defendant by defendant TOR marked as Exh.22-Colly.
The Document at Sr.No.15 is the certificate under 65B Indian evidence Act TOR marked as Exh.23-Colly.
Matter stands adjourned for evidence on 14-08-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: Adv.Akanksha Shukla present for plaintiff, tendered evidence closing pursis TOR marked as Exh.24.
None present for defendant.
Matter stands adjourned for argument on 19-09-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2024
Date: 19-09-2024
Business: Adv. Maya Majumdar present for plaintiff.
None present for defendant.
Heard the counsel of plaintiff.
Ex-parte Judgment Exh.25.
F.R.S.R. following order is passed-
ORDER
1.Summary Suit No.289 of 2021 is hereby partly decreed with costs.
2.Plaintiff do recover an amount of Rs.2,77,811/- from defendant No.1 alongwith interest at the rate of 9 percent per annum from 20/11/2019, till realisation of entire amount.
3.Summary Suit No.289 of 2021 stands disposed of against defendant No.2.
4.Court fees, if any, be refunded as per rule.
5.Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
Nature Of Disposal: PARTLY DECREED
Disposal Date: 19-09-2024