Date: 02-05-2018
Business: Adv. for plaintiff present. None for defendant.
Adv. for plaintiff seeking extension of time for writ of summons. Time extended.
Matter adj. for writ of summons on 09.07.2018.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-07-2018
Date: 09-07-2018
Business: Adv. Mamta Ranga Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff sought time to file service affidavit. Adj. Granted.
Adj. For Service affidavit on 11/09/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-09-2018
Date: 11-09-2018
Business: Both parties and their counsel absent.
Adj. For service affidavit of writ of summons on 03/12/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-12-2018
Date: 03-12-2018
Business: Adv. Ms. Mamta Ranga Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff filed Affidavit of service. t.o.r.
As per service affidavit writ of summons was not served upon deft no.2 in view of postal report left. Hence plff to take steps.
As per service affidavit deft no.1 served with writ of summons but as per the postal report after intimation it was unclaimed. Hence deft no.2 initially avoiding to appear and accept the writ of summons. Hence suit proceeded Ex-parte against deft no.2.
Adj. For Plff to take steps upon deft no.2 on 05/02/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Business: None Present for the Plff.
Deft no 2 Proceeded Ex parte.
Adj For Steps on 09/04/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2019
Date: 09-04-2019
Business: Adv. Mamta Ranga Present for the Plff.
None Present for the Deft. no. 2 proceed Ex-parte.
Ld counsel for the plff sought time to take steps for service of writ of summons upon deft no.1. granted.
Adj. for Steps on 19/07/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: Adv. Jinal Jaratia for plaintiff present.
As per roznama dt.03/12/2018 suit summons was duly served on D-1 as intimation given unclaimed. None appeared for D-1. Hence suit to proceed exparte against D-1.
As per that roznama there was no service on D-2. So plaintiff to take necessary steps for service on D-2 and file service affidavit.
Ld. Counsel for plaintiff file draft CS alongwith affidavit. TOR.
ORDER CS is allowed. Plaintiff to publish the writ of summons against D-2 in English and Marathi newspapers at his cost having vide circulation in said area and to file service affidavit alongwith copies of news papers. CS be registered for statistical purpose.
Matter adjd for service affidavit on 19/09/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: PO is on leave. Hence adjourned on next date.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Jinal Jaratia for plaintiff present.
Suit proceeded exparte against D-2.
Ld. counsel for plaintiff filed registered CS a/w affidavit. TOR. (Already disposed off).
On the request of Ld. Counsel for plaintiff time is extended for substitute service as per order in CS No.1340/19 dt.19/07/2019.
Matter adjd for service affidavit on 10/01/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Adv. Awasthi for plaintiff present.
None Present for the Deft. no.1.
Suit already proceeded ex-parte against deft no.2.
Adv. for plff filed affidavit of service for publication. t.o.r. O-seen.
CS No.1340/19 is already disposed of on 19/07/2019.
Matter adjd for order against deft no. 1 on 18/02/2020 at 02.45 pm.
Next Purpose: ORDER
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: None present.
Court busy in other matter.
Matter adjd for order against defendant no.1 to 27-04-2020 at 11.00 am.
Next Purpose: ORDER
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Due to Covid-19 matter is adjd time to time on 27-04-2020, 18-05-2020, 17-06-2020, 23-07-2020, 07-09-2020 and today this matter is posted for order against deft no. 1.
None present.
Court is busy in dictating judgement in SU 1977 of 2018 and passing order on Exh.02 in SU 1182 of 2020. Hence this matter is adjourned.
Matter adjd for Order against deft no.1 on 11-01-2021.
Next Purpose: ORDER
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Nobody present.
Adjd for argument to 09/03/2021
Next Purpose: ARGUMENTS
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Nobody present.
Adjd for arguments to 19/06/2021
Next Purpose: ARGUMENTS
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. Mr. Samir Shaikh for Plaintiff present.
None present for Defendant.
Though the roznama is disclosing that the suit has been proceeded Ex-parte against Defendant No. 2, in fact vide Order dated 19/07/2019 the suit proceeded Ex-parte against Defendant No. 1. The Plaintiff was asked to take steps for serving the Defendant No. 2 with Writ of Summons. Accordingly, as per affidavit of service dated 10/01/2020 it is shown that the Defendant No. 2 duly served with the Paper Publication dated 27/12/2019. Despite such service as a Defendant No. 2 not turned up, the suit to proceed Ex-parte against Defendant No. 2 also.
Matter adj. to 13/12/2021 for Ex-parte Hearing.
Next Purpose: HEARING
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Court is vacant
Next Purpose: HEARING
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: COURT IS VACANT
Next Purpose: HEARING
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: COURT IS VACANT
Next Purpose: HEARING
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: HEARING
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv Shraddha Purohit I/b Consulta Juris for plff present
None for Defendant
PW 1 present
Documents a/w plaint marked as Exh.as under
Vakalatnama Exh.2
Memorandum of address Exh.3
List of Documents Exh.4
Affidavit Exh.5
Adv for plff tendered evidence affidavit of PW 1 t.o.r. marked as Exh 6
O- R and R
Adv for plff tendered statement of truth t.o.r. marked as Exh 7
O - filed.
Adv for plff tendered list of documents a/w documents t.o.r. marked as Exh 8
Put up for hearing on exhibiting documents.
The copy of POA be verified from the original.
Matter is adjd on 19.10.2022 for Hrg.
Next Purpose: HEARING
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv Shraddha Purohit for plff present
None for defendant
Adv for plff tendered evidence close pursis t.o.r. marked as Exh
Matter is adjd on 21.12.2022 for Hrg
Next Purpose: HEARING
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Matter called out at 11.22 am
None for plff
None for defendant
Suit is wrongly under the caption of hearing. Adv for plff to remain present for argument.
Matter is adjd on 22.02.2023 for Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Adv.Sameer Shaikh for plaintiff present and seeks time for argument .O- Granted.
None for defendant.
Matter is adjd on 04-03-2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: Adv. Shaikh Sameer for plaintiff present.
Heard advocate for plaintiff and documents with list Exh. 8. Perused contents of evidence affidavit and the documents. The documents are marked as under.
1. Copy of Power of Attorney dated 26.02.2015. Marked as Exh. 9.
2. Original of the Sanction Letter dated 19.07.2012 duly accepted by the Defendants. Marked as Exh. 10.
3. Original Requisition letter to avail the loan/ limit dated 19.07.2012 from Defendant no. 1 addressed to plaintiff. Marked as Exh. 11
4. Original Demand Promissory Note dated 19.07.2012 for Rs. 5,00,000/-. Marked as Exh. 12
5. Original Take delivery letter dated 19.07.2012. Marked as Exh. 13.
6. Original Letter of waiver dated 19.07.2012. Marked as Exh. 14.
7. Original CIBIL Undertaking dated 19.07.2012. Marked as Exh. 15.
8. Original Letter of undertaking for payment of installment, dated 19.07.2012.Marked as Exh. 16
9. Original undertaking to produce the vehicle for inspection within 7 days of receipt of letter from the bank dated 19.07.2012.Marked as Exh. 17
10. Original Hire Purchase Agreement dated 19.07.2012. Marked as Exh. 18.
11. Original undertaking as regards EMI, dated 3.6.2013. Marked as Exh. 19.
12. Original deed of hypothecation dated 19.7.2012 executed by defendant no. 1 in favour of the Plaintiff along with copy of Certificate of Registration. Marked as Exh. 20.
13. Original consent letter dated 19.07.2012 executed by Defendant no. 2, to stand as guarantor. Marked as Exh. 21
14. Original Guarantee Agreement dated 19.7.2012. Marked as Exh. 22.
15. Original CIBIL undertaking executed by Defendant no. 2. Marked as Exh. 23.
16. Original letter dated 19.07.2012 addressed by the plaintiff to the dealer i.e. M/s Sai Motor World. Marked as Exh. 24.
17. Original receipts dated 19.07.2012 and 26.06.2012 along with copy of receipt dated 12.06.2012 issued by M/s. Sai Motor World. Marked as Exh. 25
18. Original demand letter dated 28.03.2014 addressed by Plaintiff to defendant no. 1. Marked as Exh. 26
19. Original demand letter dated 5.9.2014 addressed by Plaintiff to Defendant no.1. Marked as Exh. 27.
20. Original demand letter dated 29.09.2014, addressed by Plaintiff to defendant no.1. Marked as Exh. 28.
21. Original demand letter dated 25.11.2014, addressed by plaintiff to Defendant no.1. Marked as Exh. 29.
22. Original demand letter dated 7.1.2015 addressed by plaintiff to Defendant no.1. Marked as Exh. 30.
23.Original demand letter dated 16.1.2015 addressed by Plaintiff to defendant no.1. Marked as Exh. 31.
24. Original demand letter dated 20.1.2015 addressed by plaintiff to defendant no.1. Marked as Exh. 32.
25. Original demand letter dated 28.02.2015 addressed by plaintiff to Defendant no. 1. Marked as Exh. 33.
26. Original demand letter dated 23.04.2015 addressed by Plaintiff to Defendant no.1. Marked as Exh. 34.
27. Original demand letter dated 05.06.2015 addressed by plaintiff to Defendant no. 1. Marked as Exh. 35.
28. Original revival letter dated 5.6.2015. Marked as Exh. 36.
29. Statement of account. Marked as Exh. 37.
30. Certificates under Banker\''s Book of Evidence Act. Marked as Exh.38.
Matter is adjd on 01-04-2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Matter called out at 11:27 am.
Adv. Mr. Shaikh Sameer for the plaintiff is present.
None present for the defendant.
Matter is adjd on 29.04.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: Matter called out at 11.40 am
Adv Shaikh Sameer for plaitiff present and tendered written argunment TOR marked as Exh. 39
Matter is adjd on 17.06.2023 for Argument.
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
None for defendant.
Matter is adj to 01/08/2023 for ex-parte argument.
Later on at 11.19am
Adv.Sameer Shaikh i/b M/s Consulta Juris for plaintiff present. He submits that he has already filed written notes of argument and matter is already proceed ex-parte. On his request matter is kept for Judgment on 07/07/2023.
Next Purpose: JUDGMENT
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Shaikh Sameer i/b M/s Consulta Juris for plaintiff present.
None for defendant.
Matter is adj to 10/07/2023 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
F.R.S.R following order is passed on Suit No.1823 of 2019.
ORDER
Suit No.1823 of 2019 is decreed.
Nature Of Disposal: DECREED
Disposal Date: 10-07-2023
