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.297/2021 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 28.02.2021 and Marathi newspaper \''Pudhari\'' on 26.02.2021 t.o.r., Exh.3.
O-put up for order.
Matter adjd to 24.03.2021 for argument/order on Exh.3.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv.Nilesh Bamne for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application for issuance of fresh summons upon defendant by way of paper publication, Exh.4 t.o.r.
O-Issue fresh summons by publication in English newspaper \''The Indian Express\'' and marathi newspaper \''Pudhari\''.
Matter adjd to 26.04.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 22.06.2021 for report.
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: None present for plaintiff.
None present for defendant.
KB
LO at 03.30 pm
None present.
Matter adjd to 02.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv.Nilesh Bamne i/b.A.R. Bamne and Co. for plaintiff.
None present for defendant.
Adv. of plaintiff filed application, Exh.5 for issue fresh writ of summons upon the defendant to served by way of paper publication t.o.r. Order-Read the application. Heard the plaintiff. Read service affidavit, Exh.3 in paper publication name of defendant is mentioned as \''Vijay\'' instead of \''Vinay\''. Hence, allowed to issue fresh summons by paper publication with correct name of defendant.
Matter adjd to 05.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Divya Bamne i/b M/s. A.R. Bamne & Co.for plaintiff present.
None present for defendant.
On oral request of the plaintiff kept back for filing service affidavit.
K.B.
L.O. at 12.05 p.m.
Adv. Nilesh Bamne for plaintiff filed service affidavit in respect of service of suit summons by publication. t.o.r.
Defendant is absent. Keep for order against defendant.
Matter adjd to 28.10.2021 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv. Divya Bamne i/b M/s. A.R. Bamne & Co. present.
None present for defendant.
The plaintiff tendered draft Ch/s alongwith affidavit in support.
O-Leave granted.
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 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 26.11.2021 for compliance and order against defendant.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv.Nilesh Bamne i/b.M/s.A.R. Bamne and Co. for plaintiff present.
None present for defendant.
ORDER BELOW EXH.1
Read the service affidavit, Exh.2. Suit summons was attempted to be served by RPAD. It is returned with endorsement \''unclaimed\''. Thereafter, the summons was issued by paper publication. Read the service affidavit, Exh.6. Summons is duly served by paper publication. Hence, suit to proceed ex-parte against the defendant.
Matter adjd to 17.12.2021 for ex-parte evidence/statement of truth.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv.Nilesh Bamne i/b.M/s.A.R.Bamne and Co. for plaintiff present.
None present for defendant.
Plaintiff filed statement of truth, Exh.6 t.o.r.
Plaintiff filed affidavit of evidence of PW-1, Ms.Sayali Nimkar, Exh.7 t.o.r. It is read and recorded.
Plaintiff filed compilation of documents, Exh.8 t.o.r.
Matter adjd to 06.01.2022 for marking of documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv. Nilesh Bamne present for plaintiff.
None present for defendant.
Heard the Adv.for plaintiff.
KB for order of marking of documents.
LO at 4.02 p.m.
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.09.
2. The document at Sr.No.2 is original loan application dated 26.03.2018. It is marked as Exh.10.
3. The document at Sr.No.3 is the sanction letter dated 27.03.2018. It is marked as Exh.11.
4. The document at Sr.No.4 is the demand promissory note dated 27.03.2018. It is marked as Exh.12
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.13
6. The document at Sr.No.6 is the original composite undertaking cum declaration. It is marked as Exh.14.
7. The document at Sr.No.7 is the office copy of legal notice dated 17.05.2019. It is marked as Exh.15.
8. The document at Sr.No.8 is acknowledgement card. It is marked as Exh.16.
9.The document at Sr.No.9 is the statement of accounts with certificate. It is marked as Exh.17 (colly).
Matter adjd to 15.01.2022 for further evidence/closing evidence /argument.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter 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. Divya Bamne i/b M/s A. R. Bamne and Co. present for plaintiff and filed evidence close pursis. t.o.r. and marked as Exh.18.
None present for defendant.
Heard arguments of ld. advocate of plaintiff.
Matter adjd to 03/02/2022 for Ex-parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: None present for plaintiff.
None present for defendant.
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.9,06,647.36 ps (Rupees Nine Lakh Six Thousand Six Hundred Forty Seven and Thirty six paise only) alongwith interest @ 11.55 percent p.a. from the date of filing of suit till its realisation.
3. Decree be drawn up accordingly
Nature Of Disposal: DECREED
Disposal Date: 03-02-2022