Date: 22-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.03 pm
Adv.Prince Kumar Upadhyah i/b.Adv.Veena Kumari for plaintiff present.
KB for filing service affidavit.
LO at 04.30 pm
None present.
Matter adjd to 02.09.2021 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv.Prince h/f.Adv.Veena Kumari for plaintiff present.
None present for defendant.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
Plaintiff wants to file service affidavit, hence keep back.
LO at 12.57 pm
Adv.Prince h/f.Adv.Veena Kumari for plaintiff present and filed service affidavit, Exh.5 t.o.r.
Summons are unserved on the defendant. Plaintiff to take steps. KB as plaintiff is filing application for service of summons.
LO at 03.03 pm
Adv.Prince h/f.Adv.Veena Kumari for plaintiff present and filed application for service of summons, Exh.6 t.o.r.
O-Summons be served through bailiff.
Matter adjd to 05.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 11.45 a.m.
Adv. Veena Kumari for plaintiff present.
Matter adjd to 12.11.2021 for steps of service.
Next Purpose: SERVICE
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv.Deepak Kumar Pandey h/f. Adv.Veena Kumari for plaintiff present.
None present for defendant.
On oral request of adv.of plaintiff matter adjd for service affidavit on 09.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv.Prince Kumar Upadhyaya h/f Adv.Venna Kumari for plaintiff present.
None present for defendant.
Plaintiff filed affidavit of service t.o.r. marked as Exh.07 alongwith summons and bailiff report.
Summons is unserved.
Matter adjd to 12.01.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022 matter adjd to 08.02.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Adv. Rahul Thakur i/b Adv. Veena Kumari present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 08/03/2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: None present for plaintiff.
None present for defendant.
Read roznama dated 09.12.2021. Since then the plaintiff has not taken any steps for service for suit summons. Keep for order against plaintiff.
Matter adjd to 29.03.2022 for order against plaintiff.
LO at 03.30 pm,
Adv.Veena Kumari for plaintiff present. She filed service affidavit a/w. original summons and RPAD packets t.o.r and marked as Exh.8 (colly.)
There is endorsement of \''left\''. Read the bailiff report at Exh.7. The addresses of defendants are not traceable to the bailiff. Hence, plaintiff to take steps for providing proper address and proper steps for service.
Matter already adjd to 29.03.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: N.O.B.T.O.B. (BY PRECIPEE)
Adv.Rahul Thakur i/b.Adv.Veena Kumari for plaintiff present and filed application for taking case on today\''s board. It is taken on record and marked as Exh.9. O-Allowed.
Adv.of plaintiff filed draft chamber summons a/w. affidavit in support t.o.r. O-Leave granted to register draft chamber summons.
Matter already adjd to 29.03.2022 for tendering of registered ch/s and further order.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv.Veena Kumari for plaintiff present.
None present for defendant.
The plaintiff tendered registered chamber summons No.424/2022 a/w. affidavit in support t.o.r.
ORDER ON CHAMBER SUMMONS NO.424/2022
This chamber summons is taken out by the plaintiff requesting to pass order permitting the plaintiff to serve the suit summons by way of substituted service on defendant No.1 and 2 by publishing the same in the newspaper. Heard the Ld. advocate for the plaintiff. Gone through the affidavit of service Exh.8 (colly.) the envelopes Exh.A (colly.) bears endorsement as \"left\". There is no likelyhood that the defendants will be found at their addresses within reasonable time. There is no agent empowered to accept the service. Hence, on the said addresses of the defendants the service of summons can be effected by pasting in addition to the paper publication. Hence, I passed the following order.
ORDER
1. Chamber Summons No.424/2022 is allowed as follows -
(a) Suit summons be served on the defendants by affixing the copy thereof on the outer door or some other conspicuous part of the house where the defendants carries their business or work for the gain or resides. The suit summons shall also be served by publishing the same in the leading newspapers (one English and one local language) having vide circulations in the area of the addresses of the defendants.
(b) Liberty is granted to select the newspapers in terms of order clause No. (a) for effective service through paper publication.
2. Chamber Summons No.424/2022 is disposed off accordingly.
Matter adjd to 06.05.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: Adv.Veena Kumari for plaintiff present.
None present for defendant.
On oral request time is extended for service of suit summons.
Matter adjd to 07.07.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Veena Kumari Present for Plff.
None Present for Deft.
Ex.10- adv of plff has filed service affidavit along with copy of news paper publication. AS per order dt. 29/03/2022 plff has not affixed summons on the door of deft.
Adj. For service affidavit regarding service of summons by affixing it on the door of deft on 30/07/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: By Praecipe
Adv. Danial Dsouza h/f Adv. Veena Kumari Present for Plff.
Ex.11.- Application for taking matter on today\''s board. - Allowed.
Ex.12.- adv of plff filed application for extension time for serve writ of summons against deft. - Granted.
Already adj. to 12/09/2022 for Service affidavit regarding service of summons by affixing it on the door of deft.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Adv. Dalien D’souza Present for Plff.
None Present for Deft.
Service report is awaited.
Adj. For Service affidavit on 22/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. D’souza Present for Plff.
None Present for Deft.
Adv of plff seeks adjournment for filing service affidavit. Granted.
Adj. For Service affidavit on 21/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: Matter pertains to CR-32.
Adv. Veenakumar Present for Plff.
None Present for Deft.
Ex.13 - adv of plff has filed service affidavit along with Bailiff report. It shows that writ of summons was duly affixed on the door of deft no.1 on 18/10/2022.
Ex.14 - Adv of plff has filed affidavit of service already marked at Ex.07 which she had taken compliance of order dt.07/07/2022.
Adj. For Steps against deft no.2 on 17/11/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Adv. Veena Kumari Present for Plff.
None Present for Deft.
As per Bailiff report dt.20/10/2022 filed with service affidavit Ex.13 the bailiff has pasted the suit summons on the door of the deft no.1 on 18/10/2022. Deft no.2 is proprietor of deft no.1 therefore deft no.2 deemed served with suit summons. However as per newspaper publication filed with service affidavit Ex.10 defts are served with summons on 07/06/2022. However defts did not appear. Hence suit be proceeded Ex-parte against them.
Adj. For Ex-parte Evidence on 03/12/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Adv. Veena Kumari Present for Plff.
None Present for Deft.
Ex.15 - Adv of plff has filed chief examination of PW-1 Pradeep Gupta.
PW-1 absent.
Ex.16- adv of plff has filed document with list.
Adj. For Administering oath and Marking of document on 17/01/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-01-2023
Date: 17-01-2023
Business: Court is on leave. Hence adjd.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: Adv. Neetu Kaur h/f Adv. Veena Kumari Present for Plff.
None Present for Deft.
PW-1 absent.
KB. 1.00 pm.
Adv. Neetu Kaur h/f Adv. Veena Kumari Present for Plff.
None Present for Deft.
PW-1 Pradeep Gupta present. Oath given to witness.
Heard Adv.of plaintiff on the point of exhibiting the documents. As the suit is ex-parte, no argument of defendant. Documents filed with list Exh.16 are the same document which were filed with plaint except document at sr no.2 which is authority letter of PW-1 and it is photocopy. Original authority letter is not produced for verification. Hence document at sr. no. 3 to 15 are marked as under. Exh.17- Original of loan application dt. 27/11/2016.
Exh.18- Original of sanction letter dt. 29/11/2016.
Exh.19- Original of attestation memo dt. 05/12/2016.
Exh.20- Original of demand promissory dt. 05/12/2016.
Exh.21- Original of declaration cum undertaking cum authority dt. 05/12/2016.
Exh.22- Original of draft undertaking dt. 05/12/2016.
Exh.23- Original of letter of installment with acceleration clause dt. 05/12/2016.
Exh.24- Original of instrument of hypothecation of vehicle dt. 05/12/2016.
Exh.25- Original of letter of authority to make payment directly to the dealers dt. 05/12/2016.
Exh.26- Original of the tax invoice and receipt.
Exh.27- Original of the legal notice dt. 14/01/2019, 19/06/2019, 18/10/2019.
Exh.28- Xerox copy of A.D. Card of registered post.
Exh.29- Original of statement of account, statement of claim and I. T. Certificate.
Suit is ex-parte, hence, no cross.
Adj. For Further evidence on 15/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: 1. Suit is decreed with costs.
2. The defendants are jointly and severally directed to pay to plaintiff the amount of Rs.5,44,738/-.
3. The defendants are jointly and severally directed to pay the plaintiff interest @ 10.50% p.a. on principal sum of Rs.4,77,778/- from the date of suit till realization of the said amount.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 15-02-2023