Date: 15-12-2020
Business: Both parties and their advocates are absent when called out.
Issue writ of summons.
Adjourned for writ of summons to 08.02.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 08-03-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Ms. Sujata Dahigaonkar for plaintiff present.
None for defendant.
Exh.2- V/P of adv. Ms. Sandhya Nanaware for plff.
Exh.3- Draft Ch/s along-with affidavit in support- Name of bank is changed to Canara Bank in view of RBI notification. Hence, it is treated as application. It will not change nature of suit. Yet there is no service of summons to deft. Hence, it is allowed. Plff to carry out amendment within four days.
Matter is adjd.to 23.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: None for plaintiff and defendant.
Plff to take proper steps.
Matter is adjd.to 22.06.2021 for service report.
Next Purpose: SERVICE
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: SERVICE
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: Both the parties absent when called out.
Next Purpose: SERVICE
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. Sujata Dahigavkar for plaintiff present and submitted that fresh writ of summons may be issue to the defendant. Considering her submission the fresh writ of summons be issue to the defendant.
Matter is adjd.to 11-10-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None for plaintiff.
The plaintiff is directed to issue writ of summons for service upon the defendant.
Matter is adjd.to 23-11-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Advocate Sujata Dahigawkar for plaintiff present and
filed affidavit of service with original writ of summons t.o.r.
and marked as Exh.4.
Matter is adjd.to 20-12-2021 for Exparte order.
Next Purpose: ORDER
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Sujata Dahigaonkarfor plaintiff present.
On perusal of record, it appears that writ of summons was sent to the defendant who refused to accept the same as per the bailiff report dtd. 08-10-2021 annexed with writ of summons and affidavit of service Exh.4. The defendant failed to appear. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to 14-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None for plaintiff.
Matter is adjd.to 07-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: The matter was on board dated 07/02/2022.
Holiday was declared on 07/02/2022 to mourn the sad demise of Bharat Ratna Lata Mangeshkar on 06/02/2022.
Matter is adjd.to 22-02-2022 for rec/evi. (P.H.).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. Sujata Dahigaonkar along with witness Vinay K. Vaidhya present and filed evidence affidavit of witness Vinay K. Vaidhya t.o.r. and marked as Exh.5
He also filed list of documents t.o.r. and marked as Exh.6
Oath is administered to witness Vinay K. Vaidhya . He stated on Oath that evidence affidavit Exh.5 bears his signature and contents therein are correct. He also proved documents filed with list Exh. 6 and they are Exhibited as under -
Exh. 7 - Loan application
Exh. 8 - Saction Letter
Exh. 9- Composing Hypothecation agreement
Exh. 10 - Receipt
Exh. 11 - Particulars of asset and liability
Exh. 12 - Letter of authority to debit monthly installments.
Exh. 13 - Letter issued by defendant.
Exh. 14 - Notice of sale issued by the plaintiff.
Exh. 15 - Legal notice
Exh. 16 - Statement of account.
Exh. 17 - Particulars of claim.
Exh. 18 - Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 05-03-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Heard Ld. Adv. Sujata Dahigaonkar for plaintiff.
Matter is adjd.to 11-03-2022 for ex parte judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Exh.19 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 466/2020 is partly decreed.
2. The defendant is directed to pay amount of Rs.8,60,248.88/- (Rupees Eight Lakhs Sixty Thousand Two Hundred Forty-eight and Paise Eighty-eight Only )to the plaintiff with interest @10.95 percent p.a. with monthly rest from the date of the suit till the date of realization within three months from the date of decree.
3. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly
Nature Of Disposal: PARTLY DECREED
Disposal Date: 11-03-2022