Date: 06-03-2021
Business: Adv. Mr. Pratik Kadv for plaintiff, prayed for adjd to submit service affidavit.
None for defendant.
Matter is adjd.to 19.03.2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Pratik Kadav for plaintiff , prayed for adjournment to file Service affidavit.
None for defendant.
Matter is adjd.to 06.04.2021 for Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 29.06.2021 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Both parties and their advocates are absent when called out.
Adjd to 03-09-2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv. Nilesh Bamne for plaintiff present and filed affidavit of service with original writ of summons and two letters of postal authority dtd. 06-04-2021 t.o.r. and marked as Exh.2
Matter is adjd.to 28-09-2021 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv. Nilesh Bamne for plaintiff present.
On perusal of record, it appears that defendants no. 1 and 2 are served with writ of summons on 04-03-2021 as per report of postal authority filed with affidavit of service Exh. 2, but they failed to appear after service of writ of summons in March 2021. Hence, suit to proceed ex parte against defendants no. 1 and 2
Matter is adjd.to 29-10-2021 for ex parte R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. Nilesh Bamane for plaintiff present and requested for adjournment to lead evidence – granted.
Matter is adjd.to 26-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv. Nilesh Bamne for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 17-12-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv. Nilesh Bamne for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 24-01-2022 for ex parte R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Both the parties absent when called out.
Matter is adjd.to 07-02-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: The matter was on board dated 07/02/2022.
Holiday was declared on 07/02/2022 to mourn the sad demise of Bharat Ratna Lata Mangeshkar on 06/02/2022.
Matter is adjd.to 22-02-2022 for rec/evi. (P.H.).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. Nilesh Bamne for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 24-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv. Nilesh Bamne for plaintiff present and prayed for adjournment short date be given.
Matter is adjd.to 06-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. Divya Bamne along with witness Neha Rajnish Fulbel present and filed statement of truth t.o.r. and marked as Exh. 3
She also filed evidence affidavit of witness Neha Rajnish Fulbel t.o.r. and marked as Exh.4
She filed list of documents t.o.r. and marked as Exh.5
Oath is administered to witness Neha Rajnish Fulbel . She stated on Oath that evidence affidavit Exh.4 bears her signature and contents therein are correct. She also proved documents filed with list Exh.5 and they are Exhibited as under -
Exh. 6 - Original letter of authority dtd. 06-03-2020.
Exh. 7 - Original loan application dtd. 13-02-2014.
Exh. 8 - Original terms and conditions of sanction letter dtd. 24-03-2014.
Exh. 9 - Original demand promissory note dtd. 24-03-2014.
Exh. 10 - Original letter of continuity dtd. 24-03-2014.
Exh. 11 - Original hypothecation dtd. 24-03-2014.
Exh. 12 - Original Power of attorney dtd. 24-03-2014.
Exh. 13 - Original General understanding dtd. 24-03-2014.
Exh. 14 - Original Letter of acknowledgment dtd. 14-03-2017
Exh. 15 - Original Office copy of demand notice dtd. 24-04-2019
Exh. 16 - acknowledgment
Exh. 17 - Statement of account with certificate.
Exh. 18 - Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 27-04-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Adv. Divya Bamne for plaintiff present.
Heard Ld. Adv. Divya Bamne for plaintiff.
Matter is adjd.to 06-05-2022 for ex parte judgment
Next Purpose: JUDGMENT
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: Adv. Divya Bamne for plaintiff present.
Exh.19 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 29/2021 is partly decreed.
2. Defendants no.1 and 2 are directed to pay amount of Rs. 10,77,680.70/- (Rupees Ten Lakhs Seventy-seven Thousand Six Hundred Eighty and Paise Seventy Only) to the plaintiff with further interest @ 11.65% p.a. with monthly rest from the date of the suit till the date of realization within three months from the date of decree.
3. It is hereby declared that the amount mentioned in prayer clause (a) of the plaint is duly secured by the valid and subsisting hypothecation of goods/books etc.
4. Defendant no.1 and 2 shall be jointly and severally liable to pay decretal amount to the plaintiff.
5. Defendants shall bear the cost of the suit.
6. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 06-05-2022