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. Service is not proper.
Exh. 3 - Application for service of summons to defendants through paper publication.
O. - Summons to deft. nos. 1 and 2 cannot be served on the addresses known to the plaintiff. Considering the service affidavit filed on record, there is reason to believe that defendants are keeping out of the way for the purpose of avoiding service. Therefore, summons to deft. nos. 1 and 2 be served by publishing writ of summons in daily newspaper circulating in the locality in which defendants are last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house.
The matter is adjd for filing service affidavit to 21.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv. Abhishek Bhaduri for plaintiff present.
Exh.4 - Service affidavit filed by Adv. For plaintiff. T.O.R.
Exh.5 - Bailiff report. T.O.R.
K.B.
L.O. at 05.00 pm.
As per service affidavit (Exh.4) and bailiff report (Exh.5), defendants are deemed to be served with writ of summons. But, they failed to tender their appearance. Therefore, suit to proceed ex-parte against defendants.
The matter is 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. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 11.07.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-07-2022
Date: 11-07-2022
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 27.07.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Pranil Pawar for plaintiff present. He sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 11.08.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv. Pranit Pawar along with Adv. Abhishek Bhaduri for plaintiff present.
The matter is adjd for ex-parte evidence to 25.08.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Pranil Pawar for plaintiff present. He sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 22.09.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: The Court is Vacant.
Hence, matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Matter pertains to court room no. 14
exh- 6 BY praeciep O- Allowed.
Adv. Madhura Mule for plaintiff present and tendered draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Already adjd to 18/11/2022
Next Purpose: FOR___________________
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Matter pertains to Court Room no. 14
Adv. madhura Muley for plaintiff present and tendered registered CS No. 1802/22 along with affidavit in support. T.O.R. Copy be served to other side.
Adjd for affidavit of service of chamber summons Chs reply to 12/12/2022
Next Purpose: C/S REPLY
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: The Court is Vacant.
Hence. The Matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Matter pertains to C.R. No. 14.
Adv Abhishek Bhadnri for plaintiff is present.
None for defendant.
I have gone through the record and proceed of suit. As per roznama dated 21-03-2022 the suit was proceeded exparte against defendants. The plaintiff has tendered the registered CS on last date. As the suit was proceeded exparte against the defendants, there is no need to file reply to the CS. Hence, CS to proceeded further.
Heard argument of ld adv for plaintiff on CS.
Case is adjourned for CS order to 17-01-2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-01-2023
Date: 17-01-2023
Business: The court is vacant.Hence, matter is adjd.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Matter pertains to C.R. No. 14.
Adv. Abhishek Bahaduri for plaintiff is present.
None for defendant.
F.R.S.R. following order is passed in Chamber Summons No. 1803/2022
ORDER
1. The Chamber Summons No. 1802 of 2022 in Commercial Suit No.1315 of 2021 is allowed in terms of prayer clause (a) to (c).
2. The plaintiff is permitted to carry out the amendment as per the Schedule \''A\'' annexed with this Chamber Summons within 14 days from the date of this order.
3. Re-verification of the Commercial Suit is dispensed with.
4. The proceeding of Chamber Summons No. 1802 of 2022 is closed
Case is adjourned for compliance to 10-02-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Court is Vacant. Matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: As court is vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: Adv. Madhura Mulay present for plaintiff.
On oral request of advocate Ms. Mulay. Matter adjourned.
Matter adjourned to 7.10.2023 for Exparty Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: Matter received under transfer from Court Room No. 14
Deustche Bank A.G. Vs Gurupooja Mobile Shoppe
Adv. Devangi Mehta present for plaintiff.
She is seeking oral adjournment to lead evidence by next date.
Matter adjourned to 23.10.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-10-2023
Date: 23-10-2023
Business: Adv. Madhura Mulay present for the plaintiff.
As Court is on leave, Case adjourned to 18.12.2023 for Exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Deutsche Bank V/s Gurupooja Mobile
Adv. Madhura Mule present for plaintiff.
As Court is on leave, matter adjourned.
Case adjourned to 25.01.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: None present.
KB
LO at 12.37 pm
Adv Abhishek Bhaduri for plaintiff present.
On oral request, matter stands Adj for filing ex-parte evidence on 23/02/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-02-2024
Date: 23-02-2024
Business: None for plaintiff.
Last chance granted for filing affidavit of evidnece.
Matter stands Adj for filing affidavit of evidence on 19/03/2024.
LO at 12.09 pm
Adv Abhishek Bhaduri for plaintiff present.
Matter already Adj on 19/03/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: Adv Madhura Mulay for plaintiff present.
KB
LO at 1.57 pm
Adv Abhishek Bhaduri a/w Adv Madhura Mulay for plaintiff present.
PW 01 Sanjay Pawar present.
Ld. Adv for plaintiff filed affidavit of evidence. t.o.r. marked as Exh. 07. O- R and R.
He also filed list of documents. t.o.r. marked as Exh. 08.
O- Seen.
Oath administered to the witness.
He admits the contents of affidavit of evidence as true and correct. It bears bank seal and his signature.
Matter stands Adj for marking of documents on 02/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: Adv Madhura Mulay for plaintiff present.
On oral request, matter stands Adj for marking of documents on 30/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: P. O. is on Leave.
Adv Madhuri Mulay for plaintiff present.
Matter stands Adj for Ex-parte Evidence on 10/05/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-05-2024
Date: 10-05-2024
Business: Adv Madhura Mulay for plaintiff present.
PW 01 Sanjay Pawar present.
KB
LO at 3.50 pm
Adv Madhura Mulay for plaintiff present.
PW 01 Sanjay Pawar present.
True copy of Deed of Assignment marked as Exh. 09.
True copy of Resolution marked as Exh. 10.
Unsecured Business Loan Application Form marked as Exh. 11.
An Original Sanction Letter marked as Exh. 12.
An Original unsecured Business Loan Agreement marked as Exh. 13.
An Original Office copy of demand notice along with postal receipts marked as Exh. 14 collectively.
Statement of Accounts marked as Exh. 15 collectively.
Document at Sr. no. 9 is Particulars of claim marked as Exh. 16.
Ld. Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 17. O- Seen.
Matter stands Adj for Arguments on 26/06/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-06-2024
Date: 26-06-2024
Business: None present for plaintiff.
KB
LO at 2.48 pm
Adv Abhishek Bhaduri for plaintiff present.
Heard.
Matter stands Adj for Ex-parte Judgment on 03/07/2024.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: Adv Arif Ansari a/w Adv Abhishek Bhaduri i/b Goenka Law Associates for plaintiff present.
Exh 18 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No. 1315/2021 is decreed with Costs.
2. Defendants do pay jointly and severally an amount of Rs. 4,76,370/- together with interest @ 9 percent per annum from the date of filing of suit till its full realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No.1315/2021 disposed of accordingly.
Nature Of Disposal: DECREED
Disposal Date: 03-07-2024