Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
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
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Both parties and their advocates are absent when called out.
Issue writ of summons.
Adjourned for writ of summons to 11.01.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Patel for plaintiff present.
None for defendant
Exh.2 - Application submitted by plaintiff for extension of time to serve writ of summons - granted.
Matter is adjd.to 12-03 -2021 for writ of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Anand Shitap h/f Jamshed Ansari for plaintiff present.
None for defendant.
Exh.3- Application submitted by plaintiff for extension of time to issue fresh writ of summons- Granted.
Matter is adjd.to 23/04/2021 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 02.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Adv. Mr. Jamshed Ansari for Plff present and sought time to file service affidavit of writ of summons. Time granted.
None for Deft.
Matter is adjd.to 26.07.2021 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Adv.Ranasingh for plaintiff present.
None for defendent.
Adv. for plff filed application for service of writ of summons. Order – Considering report on writ of summons application is allowed. Writ of summons be issued to the defendant on the address mentioned in this application.
Adv. for plff filed writ of summons report. It is t.o.r.
Adjourned to 27.08.21 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv. Mr. Patel for plaintiff present and filed application for substituted service with fresh original writ/sum. Application is taken on record and marked as Exh.4. Considering contents in application as well as report of Sheriff on this writ/sum., application is allowed. Substituted service be effected in terms of prayer clause (a). Issue writ/sum accordingly.
None for defendant.
Matter is adjd.to 13.10.2021 for writ/sum.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv. Anand h/f Jamshed Ansari for plaintiff present and filed affidavit of service with copies of paper publication and original writ of summons t.o.r. and marked as Exh. 5
Matter is adjd.to 18-11-2021 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. Yusuf Sharif h/f Jamshed Ansari for plaintiff present.
On perusal of record, it appears that writ of summons is served upon the defendant through paper publication as per affidavit of service Exh. 5, but he failed to appear. Hence, suit to proceed ex parte against the defendant.
Adv. Yusuf Sharif not pressed NM No. 4626/19. Hence, NM No. 4626/19 is disposed of as not pressed.
Matter is adjd.to 01-12-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Anand Shitap h/f Jamshed Ansari for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 10-01-2022 for ex parte R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Anand for plaintiff present.
None for defendant.
Matter is adjd.to 02-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Adv. Anand Shitap for plaintiff present and prayed for adjournment short date be given.
Matter is adjd.to 01-03-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Yusuf Shaikh for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 22-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Adv. Yusuf Sharif for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 18-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv. Anand Shitap for plaintiff present.
Matter is adjd.to 21-06-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: None present when called
Adjd for exparte evidence to 06/07/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: None present when called. Plaintiff has not adduced evidence.
Adjd for dismissal to 01/08/2022
L. O
Adv. Anand Shitap for plaintiff present.
Next Purpose: DISMISSAL
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Jamshed Ansari for plaintiff present.
Exh-6 adv. for plaintiff filed Application for removing caption of dismissal. O- Heard. In the interest of Justice adjournment granted.
Adjd for filing affidavit of evidence to 08/08/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. Misbah Ansari for plaintiff present.
Anand Kumar, Witness of plaintiff present.
Exh-7 Affidavit of evidence of Anand Kumar, Sr. manager of plaintiff filed. O- Read and recorded in evidence.
Exh- 8 Compilation of documents filed by plaintiff. O- Filed.
Exh-9 Loan application.
Exh-10 Sanction advice.
Exh-11 Sanction letter.
Exh-12 Demand promissory note.
Exh-13 Letter of continuity.
Exh-14 Agreement on rate of interest.
Exh-15 Letter of undertaking.
Exh-16 Term loan agreement.
Exh-17 Letter of undertaking not to alienate hypothecated goods from defendant.
Exh-18 Undertaking of credit discipline annexure X (d)
Exh-19 Letter of undertaking for disclosure.
Exh-20 Undertaking.
Exh-21 Renewal/sanction letter.
Exh-22 Agreement on rate of interest.
Exh-23 demand promissory note.
Exh-24 Demand notice.
Exh-25 postal receipt.
Exh-26 statement of account.
Exh-27 certificate under section 2A (a) of Bankers Book of evidence Act, 1891.
Exh-28 Certificate under section 2A (b) of Bankers book evidence Act. 1891
Exh-29 Certificate under section 2A (c) of Bankers book evidence Act. 1891
Exh- 30 Certificate for notional interest in NPA account.
Exh-31 Authority letter.
Adjd for further evidence to 20/08/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Adv. Misbah Ansari for plaintiff present.
Exh-32 Evidence closing pursis filed by adv. for plaintiff. R and R.
Adjd for exparte arguments to 08/09/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: Adv. Anand Shitap for plaintiff present and seeks time to argue. None for defendant when called.
Adjd for arguments to 19/11/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Adv. Mishbah Ansari for plaintiff present
Adv. for plaintiff sought time for argument. O- time granted
Adjd. to 28.11.2022 arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Adv. Misbah Ansari along with adv. Anand Shitap i/b Adv. Jamshed Ansari for plaintiff present.
Heard arguments of adv Ansari for plaintiff partly.
Adjd for further arguments of plaintiff to 01/12/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Date: 10-12-2022
Business: Adv. Misbah Ansari for plaintiff present.
Adjd for arguments to 17/01/2023
Next Purpose: ARGUMENTS
Next Hearing Date: 17-01-2023
Date: 17-01-2023
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: adv. Misbah Ansari i/b Adv. Jamshed Ansari for plaintiff is present.
None for defendant.
KB L.O. at 12.40 pm
Heard ld adv for plaintiff.
Case is adjourned for exparte judgment to 13-02-2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: PO on leave. Board discharged. Matter adjd.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv Anand Shitap for plaintiff is present.
Court is busy hearing in NM no. 121 of 23, partly hearing on commercial summary suit 280 of 22 and dictating judgment in Commercial Suit No. 342 of 22, 343 of 22 and 344 of 22.
Case is adjourned for judgment to 04-03-2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: Adv. Minsba Ansari h/f Jamshed Ansari for plaintiff is present.
None for defendant.
Court pronounced judgment in open Court.
Exh.33 - Exparte judgment.
F.R.S.R. following order is passed-
ORDER
1. Commercial Suit No. 404 of 2020 is decreed with costs.
2. The defendant do pay an amount of Rs. 11,46,402.65ps (Rs. Eleven Lakhs Fourty Six Thousand Four Hundred Two Nine and Sixty Five Paise Only) to the plaintiff bank along with interest at the rate of 13.75 percent per annum on the principal amount from the date of filing of the suit till realization within three months from the date of this order.
3. It is hereby declared that there is valid and subsisting Hypothecation on all Goods, Book debts both present and future and Assets and the Plaintiff has right to sell the same for recovery of the amount outstanding.
4. Defendant to bear the cost of the suit.
5. Court fee, if any, be refunded to the plaintiff as per rule.
6. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 04-03-2023