Date: 04-01-2022
Business: Adv. Aarti Dharamsay for plaintiff present.
Issue suit summons to defendant along with plaint and documents annexed with plaint for settlement of issues and for filing written statement within 30 days from the date of service of summons to defendant.
The matter is adjd for filing service affidavit to 08.02.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Adv. Aarti Dharamasay for plaintiff present.
Exh. 2 - Advocate for plaintiff tendered service affidavit. T.O.R. Writ of Summons are served to deft. nos. 1 to 3.
The matter is adjd for passing Ex-Parte order against deft. no. 1 to 3 to 21.03.2022.
Next Purpose: FOR___________________
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv. Abhishek Bhaduri for plaintiff present.
As per service affidavit (Exh.2), deft. nos.1 to 3 are duly served with writ of summons. But, they failed to tender their appearance. Therefore, suit to proceed ex-parte against deft. nos.1 to 3.
The matter is adjd for ex-parte evidence to 28.04.2022.
L.O.
Deft. no.2 present.
The matter is already adjd for ex-parte evidence to 28.04.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv. Abhishek Bhaduri for plaintiff present. He sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 21.06.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Aarti Dharamsay for plaintiff present.
Exh.3 - Adv. For plaintiff filed affidavit of evidence of PW-1 Vithoba Korgaonkar. T.O.R.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.4 - List of documents. T.O.R.
From the evidence of PW-1 Vithoba Korgaonkar, following documents are proved, therefore, they are exhibited.
Exh.5 - Authority letter.
Exh.6 - Loan application.
Exh.7 - Sanction letter.
Exh.8 - Loan agreement.
Exh.9 - Electronic service registration form.
Exh.10 - Office copy of the legal notice.
Exh.11 - Statement of account.
Exh.12 - Adv. For plaintiff filed evidence closing pursis. T.O.R.
The matter is adjd for arguments to 24.06.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Adv. Aarti Dharamsay for plaintiff present.
Heard arguments of Adv. For plaintiff.
K.B.
L.O.
Exh.13 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial suit is decreed with costs.
2. Defendants shall pay an amount of Rs.7,58,859.66/- (Rupees Seven Lacs Fifty Eight Thousand Eight Hundred Fifty Nine and Sixty Six paise only) alongwith interest @ 13.9percent p.a. to plaintiff from the date of the suit till its realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
4. Decree thus follow.
Nature Of Disposal: DECREED
Disposal Date: 24-06-2022
