Date: 26-11-2020
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 16.12.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv.Nilesh Bamne for plaintiff present.
None for defendant.
Adv. for plaintiff fail to file affidavit of service.
Adjd to 19.01.2021 for steps/Order/affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv.Nilesh Bamne for plaintiff present.
None present for defendant.
Affidavit of Service, Exh.2 filed by Adv.of plaintiff t.o.r.
Ld. Adv.seeks time to file chamber summons.
Matter adjd to 11.02.2021 for Chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv.Pratik Kadav for plaintiff present.
None present for defendant.
Adv.of plaintiff tendered draft chamber summons a/w. affidavit in support of draft chamber summons t.o.r.
O-Leave granted to register draft chamber summons.
Ld. Adv. seeks issuance of writ of summons by paper publication. He submits that the earlier report of writ of summons issued to the defendant by Post shows that the summons were \''not claimed\'' by the defendant. Therefore, the following order,
ORDER ON DRAFT CHAMBER SUMMONS
1. Draft chamber summons is allowed.
2. Issue summons as prayed.
3. Draft chamber summons be registered for statistical purpose.
Matter adjd to 03.03.2021 for writ of summons.
LO
Registered chamber summons No.298/2021 received from board department and the same is disposed of as per above order.
Matter adjd to 03.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv.Nilesh Bamne i/b. M/s. A.R. Bamne and Co. for plaintiff present.
None present for defendant.
Ld.Adv. seeks time to file affidavit service of summons. Time granted.
Matter adjd to 23.03.2021 for affidavit of service of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv.Nilesh Bamne for plaintiff present.
None present for defendant.
The plaintiff had filed affidavit of service of writ of summons informing that the writ of summons were published in the English newspaper \''The Indian Express\'' on 26.02.2021 and Marathi newspaper \''Pudhari\'' on 26.02.2021 t.o.r., Exh.3.
Matter adjd to 05.04.2021 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv.Pratik Kadav i/b. M/s.A.R. Bamne and Co. for plaintiff present.
None present for defendant.
K.B.
L.O. at 2.30 p.m.
The suit was posted for appearance of defendant. The defendant is absent. The Suit to proceed Ex-parte against defendant.
Matter adjd to 22.04.2021 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 08.06.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 02.07.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 20.07.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: None present.
Matter adjd on 05.08.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 23.08.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv.Nilesh Bamne i/b.M/s.A.R. Bamne and Co. for plaintiff present.
None present for defendant.
KB
LO at 01.17 pm
Adv.Nilesh Bamne i/b.M/s.A.R. Bamne and Co. for plaintiff present and filed adjournment application, Exh.4 t.o.r.
O-Time granted.
Matter adjd. to 06.09.2021 for ex-parte evidence/order.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: HHJ is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv.Pratik Kadu i/b.M/s.A.R.Bamne and Co. for plaintiff present.
None present for defendant.
Adv. of plaintiff filed adjournment application, Exh.5 t.o.r.
O-Time granted.
Matter adjd to 27.09.2021 for R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv.Nilesh Bamne for the plaintiff present.
None present for defendant.
The plaintiff requested time for filing affidavit of evidence. Matter adjd for filing affidavit of evidence on 05.10.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 11.40 a.m.
Adv. Divya Bamne i/b M/s. A.R.Bamne for plaintiff present.
On oral request keep back for filing evidence.
L.O.1.10 p.m.
Adv. Nilesh Bamne for plaintiff present.
PW-1, Mrs. Sayali Suresh Nimkar resumed on SA.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr.No.1 is original letter of authority dated 30.09.2021.The document is marked as Exh.08.
2. The document at Sr.No.2 is original loan application. It is marked as Exh.09.
3. The document at Sr.No.3 is the sanction letter dated 27.03.2018. It is marked as Exh.10.
4. The document at Sr.No.4 is the demand promissory note dated 27.03.2018. It is marked as Exh.11
5. The document at Sr.No.5 is original letter of installment with acceleration of clause dated 27.03.2018. It is marked as Exh.12
6. The document at Sr.No.6 is the original composite undertaking cum declaration. It is marked as Exh.13.
7. The document at Sr.No.7 is the legal notice dated 17.05.2019. It is marked as Exh.14.
8. The document at Sr.No.8 is acknowledgement part. It is marked as Exh.15.
9.The document at Sr.No.9 is the statement of accounts with certificate. It is marked as Exh.16 (colly).
Matter adjd to 13.10.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv.Divya Bamne i/b M/s. A.R.Bamne & Co. for plaintiff present.
None present for defendant.
The plaintiff filed statement of truth t.o.r. marked as Exh.17.
The plaintiff filed evidence close pursis t.o.r. marked as Exh.18.
Heard argument of Adv. for plaintiff.
Matter adjd to 23.10.2021 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.50 pm
None present.
Plaintiff to clarify whether there are more than one defendants.
Matter adjd to 26.10.2021 for judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Nilesh Bamne present for plaintiff.
None present for defendant.
The plaintiff wants to file CS.
Matter adjd to 28.10.2021 for filing CS.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv.Divya Bamne i/b Ms.A.R.Bamne & Co. for plaintiff present.
None present for defendant.
The plaintiff tendered draft Ch/s alongwith affidavit in support.
O-Leave granted to register Ch/s.
Heard the Ld.Adv.for the plaintiff. Following order is passed on draft Ch/s.
ORDER ON DRAFT CHAMBER SUMMONS
This chamber summons is taken out by the plaintiff for amendment in the plaint. It is the contention of the plaintiff that the suit is filed against sole defendant. However in the prayer clause, it is mentioned that defendant jointly and severally the order to pay the amount of decree. Therefore, the plaintiff wants to carry out the amendment in the prayer clause accordingly.
Considering the nature of amendment, I am of the view that it shall be allowed. By reading the plaint, it is noticed that same is the contentions in para Nos.7 and 13. Same are also required to be corrected. Hence, I pass the following order.
ORDER
1.Draft chamber summons is allowed.
2.The plaintiff is allowed to carry out the amendment in the plaint at para Nos.7, 13 and prayer clause (a).
3.Amendment shall be carried out within 14 days.
4.Draft chamber summons is disposed of accordingly. It be registered for statistical purpose.
Matter adjd to 08.11.2021 for compliance of amendment.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Adv.Divya Bamne i/b.M/s.A.R. Bamne and Co. for plaintiff present.
None present for defendant.
Plaintiff wants to comply with the order of amendment, hence, KB.
LO at 03.27 pm,
Adv.Nilesh Bamne i/b.M/s.A.R. Bamne and Co. for plaintiff present.
Plaintiff complied with the order of amendment. Argument heard.
Matter adjd to 15.11.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.15 pm
None present.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is decreed with costs.
2.The defendant do pay to the plaintiff an amount of Rs.5,86,563.24 (Rupees Five Lakh Eighty Six Thousand Five Hundred Sixty Three and Paise Twenty Four Only) together with interest at the rate of 12.55 percent per annum from the date of filing of this suit till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 15-11-2021