Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
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
Next Purpose: DIRECTIONS
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 15.10.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 27/11/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 14/12/2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv.Alizain Patel for plaintiff present.
Defendant absent.
In view of order dtd. 27.11.2020 plaintiff filed draft NM and tender register NM 10.12.2019. Since 10.12.2019 till today plaintiff fail to take steps to secure presence of defendant.
Advocate for plaintiff present today fail to take steps to secure presence of defendant hence suit is kept for further order on next date.
Adjd to 12.01.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Adv.Patel h/f. Adv.Jamshed Ansari for plaintiff present.
None present for defendant.
Adv.of plaintiff filed application for extension of summons, Exh.2 t.o.r. O-Time extended, application, Exh.2 is disposed off.
Matter adjd to 05.02.2021 for Return of summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv.Anand h/f. Adv.Jamdesh Ansari for plaintiff present.
None present for defendant.
Matter adjd to 20.02.2021 for Chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: court is on Leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Patel i/b Adv. Jamshed Ansari for plaintiff present.
Adv. for defendant absent.
Ld.Adv. for the plaintiff had filed Service Affidavit for Marked Exh. 3
Ld.Adv. for the plaintiff had filed writ of summons for Marked Exh. 4
Summons not served on the defendant. Ld. Adv. for plaintiff seeks time to take steps. Time granted.
Matter adjd to 04.03.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: None present from defendant.
Adv. Mizail Patel i/b advocate Jameshed Ansari for plaintiff present.
The present application Exh.05 filed by plaintiff seeks to publish the writ of summons in free Press Journal Mumbai( English), Divya Bhaskar(Gujrati) news paper and Navshakti (Marathi) as substituted service. The earlier summons issued to the defendant could not be served on him. There is endorsement of Postal Department \''left\'' on the packet containing the summons. In circumstances issue summons as prayed to the defendant.
Matter adjd to 01/04/2021 for issuance of summons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv. Anand Shitap for plaintiff is present.
None for defendant.
Matter adjd to 28/04/2021 for await service report.
Next Purpose: REPORT
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd
Next Purpose: REPORT
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: REPORT
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv.Patel h/f. Adv.Jamshed Ansari for plaintiff present.
None present for defendant.
The plaintiff prays to extend the time for service of suit summons. Time extended.
Matter adjd to 27.09.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv.Yusuf Sharif h/f.Adv.Jamshed Ansari for plaintiff present.
None present for defendant.
Report of service affidavit is awaiting.
The plaintiff prays for extension of time limit for service of suit summons. O-Time is extended for service of suit summons.
Matter adjd to 26.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None present for plaintiff.
None present for defendant.
LO at 12.31 p.m.
Adv. Yusuf Sharif for plaintiff present.
The plaintiff filed service affidavit Exh.06 t.o.r.
Matter adjd to 24.11.2021 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv.Anand Shitap h/f.Adv.Jamshed Ansari for plaintiff present.
None present for defendant.
ORDER IN NM NO.4625/2019
This notice of motion is taken out by the plaintiff to issue direction to the defendant to furnish security in sum of Rs.18 Lakh and interim injunction restraining the defendant from creating third party in the hypothecated property and in the event of not furnishing the security for attachment of their properties.
Today, the plaintiff by making endorsement on the notice of motion has not pressed it. The plaintiff do not wish to proceed with this notice of motion. Hence, The notice of motion will not survive further. It is required to be dismissed as not pressed. Hence, I passed the following order.
ORDER
1. The notice of motion No.4625/2019 is dismissed for want of prosecution.
2. Costs shall follow the event.
ORDER ON EXH.1
Read the service affidavit Exh.6 with respect to service of summons by paper publication. Read the bailiff report below Exh.4. Read the service affidavit dated 16.01.2021. The summons issued by RPAD on address of Kalbadevi is returned as \''unclaimed\''. The bailiff on summons Exh.4 mentions that address is incomplete. Hence, issue fresh suit summons through bailiff on address at Kalbadevi by pasting.
Matter adjd to 16.12.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv.Anand Shitap for plaintiff present.
None present for defendant.
On oral request of the plaintiff matter adjd to 11.01.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv.Anand Shitap i/b. Jamshed Ansari for plaintiff present.
None present for defendant.
The plaintiff filed service affidavit of pasting t.o.r. marked as Exh.6.
One Mr.Manohar Soni appeared and filed affidavit in respect of pasting of service summons on his property a/w. annexures. It is t.o.r. and marked as Exh.7. Copy of same is furnished to the plaintiff.
Matter adjd to 08.02.2021 for order against deft.
Next Purpose: ORDER
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Adv. Yusuf Sharif present for plaintiff.
None present for defendant.
Matter adjd to 07/03/2022 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv.Yusuf Sharif for plaintiff present.
None present for defendant.
KB for order against defendant.
LO at 12.22 pm,
None present.
KB
LO at 05.40 pm,
None present.
Plaintiff to make submission of Exh.7.
Matter adjd to 30.03.2022 for order against deft.
Next Purpose: ORDER
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.38 am,
Adv.Anand Shitap h/f. Adv.Jamshed Ansari for plaintiff present.
KB
LO at 02.50 pm,
Adv.Anand Shitap h/f. Adv.Jamshed Ansari for plaintiff present.
Matter adjd to 16.04.2022 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: HHJ is on training.
Next Purpose: ORDER
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Court is on Leave
Next Purpose: ORDER
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Adv. Amamd Shitap I/b. Jamshed Ansari for plaintiff present.
None present for defendant.
KB for order.
L.o
None present.
As per service affidavit and bailiff report of this Court(Exh. 6), defendant served with summons by way of newspaper publication and affixing summons on the conspicuous part of the door. Defendant did not appear in-spite of service of summons. Hence suit be proceeded ex-parte against defendant.
Adj. to 11.07.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Yusuf Sharif for plaintiff present.
Adv. Plaintiff seeks adjournment for evidence. Granted.
Case adjd to 25.07.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv Yasuf Sahriff for plaintiff present.
None for defendant.
Adv of plaintiff seeks adjournment.
Case adjd for 03.08.2022 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: None present.
KB. LO.
Adj. For Ex-parte Evidence on 26/08/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv Yusuf Sherif for plaintiff present.
None for defendant.
Advocate of plaintiff seeks time for adducing evidence. O: Granted as last chance.
Case adjd to 15.09.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv.Aanad Shitare I/b Jamshed Ansari Present for Plff and seeks time for evidence. Granted.
None Present for Deft.
Adj. For Evidence of Plff on 04/10/2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Yusuf Sherif Present for Plff.
None Present for Deft.
Ex.08. - Adv of plff has filed application for adjournment. Adj. Granted.
Adj. For Ex-parte evidence on 01/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Yusuf Sherif Present for Plff.
None Present for Deft.
Ex.09 - Adv of plff filed application for adjournment on the ground that concerned bank officer has been transferred and therefore case be adjourned for evidence. Granted.
Adj. For Ex-parte Evidence on 16/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. Aanad Shitap I/b Jamshed Ansari Present for Plff.
None Present for Deft.
Ex.10 - Adv of plff has filed adjournment application on the ground that authorize of plff is transferred. Adj. Granted.
Adj. For Ex-parte evidence on 10/12/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: Adv. Anand Shitap I/b Jamshed Ansari Present for Plff.
None Present for Deft.
Adv of plff seeks adjournment on the ground that today there is holiday to the plff bank and therefore authorised officer of can not remain present. Adjournment granted.
Adjourned for Evidence of plff on 19/12/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Adv. Anand Shitap I/b Jamshed Ansari Present for Plff.
None Present for Deft.
Exh.11. - Adv of plff has filed chief examination of PW-1.
PW-1 present. Oath given to witness.
Exh.12. Adv of plff has filed documents with list.
Heard Adv. of plaintiff on the point of exhibiting documents. As the suit is ex-parte, no argument of defendant. Documents filed with list Exh.12 which are referred in chief examination are marked exhibit as under.
Ex.13- Original Supplementary hypothecation agreement executed in favour of plff dt. 17/01/2007.
Ex.14- original letter of continuity executed by the deft dt. 17/01/2007.
Ex.15- Original demand promissory note executed by the deft dt. 17/01/2007.
Ex.16- Original letter of guarantee executed by the deft dt. 17/01/2007.
Ex.17- Original demand promissory note dt. 11/08/2008.
Ex.18- Original letter of confirmation dt. 28/06/2011.
Ex.19- Original proposal for renewal of cash credit facility.
Ex.20- Original sanction advice dt. 05/09/2014.
Ex.21- original letter of undertaking dt. 11/12/2014
Ex.22- original supplementary hypothecation dt.11/12/2014.
Ex.23- original memorandum dt. 30/07/2016.
Ex.24 - Original demand promissory note dt 27/12/2017.
Ex.25- Original debit balance confirmation dt.11/08/2008, 25/05/2013, 25/05/2013, 25/05/2013, 24/04/2014, 24/04/2014, 25/03/2015, 24/08/2016, 01/04/2018.
Ex. 26- Original demand notice dt. 14/11/2019.
Ex.27 colly- two original returned packet.
Ex.28- original statement of account dt. 15/11/2019.
Ex.29- certificate of NPA dt. 01/07/2011.
Ex.30 colly- Certificate under section 2A (a) of the Banker’s Book Evidence Act.
Certificate under section 2A (b) of the Banker’s Book Evidence Act.
Certificate under section 2A (c) of the Banker’s Book Evidence Act.
Ex.31- Power of attorney dt. 11/09/2012.
Suit is ex-parte, hence, no cross.
adv of plff contended that he will file separate calculation sheet regarding outstanding principal amount and interest amount on next date.
Adj. For further Evidence on 21/01/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Adv. Yusuf Sharif h/f Adv. Jamshed Ansari Present for Plff.
None Present for Deft.
Exh.32- Adv of plff has filed evidence closure pursis.
Heard argument of adv of plff.
Exh.33- Judgment.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.18,00,362/- and interest @ 14 % p.a. on principal sum of Rs.16,54,118/- from the date of suit till realization of the said amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 21-01-2023