Date: 22-07-2021
Business: Adv. Prince Upadhyay h/f Adv. Veena Kumari for Plaintiff present.
On perusal of the record, it appears that writ of summons is not issue to the defts.. Hence, the Plaintiff is directed to take steps for issuance of writ of summons.
Matter is adjd.to 02-09-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv. Prince for plaintiff present and filed affidavit of service with closed enveloped t.o.r. and marked as Exh. 2
Considering, affidavit of service, the plaintiff is directed to take steps for service of writ of summons.
Matter is adjd.to 05-10-2021 for taking steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Veena Kumari for plaintiff present.
Considering, remark “left” on envelopes filed with writ of summons Exh. 2, the plaintiff is directed to take steps for service of writ of summons.
Adv. Veena Kumari is confronted with letter of Hon’ble High Court dtd. 06-09-2021 and she is directed to clear her stand as to whether she wants to get the matter re-register as a Commercial Summary Suit or not.
Matter is adjd.to 30-10-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Adv. Prince for plaintiff present and filed application for re-registration of the suit as a “Commercial Summary Suit ”. t.o.r. and marked as Exh. 3
Heard Ld. Adv. Prince for plaintiff.
The suit is presented by quoting Order 37 of the C.P.C. in title clause, but it came to be registered as a Commercial Suit No. 1083/21. In view of letter of Hon’ble High Court dtd. 06-09-2021, the suit be re-registered as a “Commercial Summary Suit”. Case be sent to board department for re-registration purpose.
Application Exh. 3 is disposed off accordingly.
Matter is adjd.to 07-12 -2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv. Prince for plaintiff present.
None for defendant
The plaintiff is directed to issue writ of summons to the defendants as per Order 37 Rule 2 (2) of the C.P.C. in form no. 4 in Appendix B .
Matter is adjd.to 13-01-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Adv. Mr. Sagar Sonawane for plaintiff present.
Time is extended for issuance of writ under Order XXXVII Rule 2(2) of the CPC.
Matter is adjd.to 25-02-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv. Rahul Thakur for plaintiff present and filed affidavit of service with original writ of summons and two returned closed envelopes t.o.r. and marked as Exh.4
Matter is adjd.to 24-03-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Veena Kumari for plaintiff present and tendered draft C/S with supporting affidavit for substituted service t.o.r. and Leave is granted to register the C/S.
None for defendant
Matter is already adjd.to 24-03-2022 for filing registered
C/S.
Next Purpose: FOR___________________
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv. Veena Kumari for plaintiff present and filed registered CS No.395/22.
Heard Adv. Veena Kumari in CS No.395/22
As defendants no.1 and 2 could not be served with writ of summons as per affidavit of service Exh.2 and Exh.4, the plaintiff is justified in seeking substituted service. Hence, CS No.395/22 is made absolute in terms of prayer clause (a). issue fresh writ of summons for substituted service upon defendants no.1 and 2 by publishing in Free Press Journal and Navshakti . Time is extended for service of writ of summons. CS No.395/22 is disposed off.
Matter is adjd.to 14-06-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Adv. Veena Kumari for plaintiff present.
Exh- 10 Affidavit of service filed by adv. for plaintiff. O- Filed
Adjd for passing exparte orders to 29/07/2022
Next Purpose: ORDER
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Satyam Singh i/b Adv. Veena Kumari for plaintiff present.
The summons was issued to the defendant through paper publication in news paper. The plaintiff has placed on record copy of both the news papers published the summons in the news papers at Exh.5. Defendant is duly served the summons. Defendant is absent hence, suit proceeded ex-parte against defendant.
Matter is adjd.to 23-08-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Daniel Dsouza for plaintiff present.
Exh-6 Affidavit of evidence of Pradeep Kumar Gupta filed. O- Plaintiff is absent hence keep for verification.
Exh-7 List of documents
Exh- 8 original authority letter.
Exh-9 Original loan appln dt. 27.11.2016
Exh-10 Original sanction letter dt. 29.11.2016
Exh-11 Original of attestation memo dt. 03.12.2016
Exh-12 Original demand promissory dt. 03.12.2016
Exh-13 Original of declarations cum undertaking cum authority dt. 05.12.2016
Exh-14 Original draft undertaking
Exh-15 Original of letter of installment dt. 03.12.2016
Exh-16 Original of instrument of hypothecation dt. 03.12.2016
Exh-17 Original of letter of authority to make payment directly to the dealers dt. 03.12.2016
Exh-18 colly original of tax invoice and receipt.
Exh-19 colly original of legal notices
Exh-20 Original of statement of account, statement of claim and I.T certificate.
Adjd for verification of evidence affidavit to 14/09/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Adv. Satyam Singh for plaintiff present.
None present for defendant.
Ld Adv. for plaintiff sought time for verifying of affidavit. Time granted.
Matter adjd for verification of affidavit on 15/11/2022.
Next Purpose: FOR___________________
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. D. N. Khadse for plaintiff present and sought adjournment for verification of affidavit of evidence.
Witness of plaintiff not present.
Adjd for verification of affidavit of evidence to 28/11/2022
Next Purpose: FOR___________________
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Witness of plaintiff present.
Adv. Nawaz Ladani for plaintiff present.
Affidavit of evidence of Pradeepkumar Gupta is already filed at Exh. 6 However on last date witness was not present. Witness is present today hence affidavit of evidence at Exh. 6 read and recorded in evidence today.
Adjd for further exparte evidence to 09/12/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Adv. Sushil Hemrajani for plaintiff present.
Evidence closing pursis filed by plaintiff t.o.r. and marked as Exh. 21 O- R and R.
Adjd for exparte arguments to 20/01/2023
Next Purpose: ARGUMENTS
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv. Veena Kumari and Durgesh Sarfare for plaintiff present.
None for defendant
Heard argument of Adv. Veena Kumari for plaintiff.
Case is adjourned for Order on 20.02.2023
Next Purpose: ORDER
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: Adv. Veena Kumari for plaintiff is present.
None for defendant.
Court is busy in recording evidence in Commercial Suit 211 of 21 and hearing in NM no. 4982 of 2022 and NM no. 121 of 2023.
Case is adjourned for exparte judgment to 27-02-2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv Veena Kumari for plaintiff is present.
None for defendant.
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 exparte judgment to 06-03-2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Adv. Veena Kumar for plaintiff present.
None for defendant
Court pronounced Judgment in open Court
Exh.22 – Judgment
F.R.S.R. following order is passed.
ORDER
1) Commercial Summary Suit No. 30 of 2021 is decreed with costs.
2) The defendant nos. 1 and 2 are jointly and severally liable to pay an amount of Rs.5,29,338.44ps. (Rs. Five Lakhs Twenty Nine Thousand Three Hundred Thirty Eight and Forty Four Paise Only) to the plaintiff bank with further interest at the rate of 10.50% per annum from the date of filing of the suit till its realization within three months from the date of this decree.
3) Defendants shall bear the cost of the suit.
4) Court fee, if any, be refunded to the plaintiff as per rule.
5) Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 06-03-2023