Date: 06-03-2021
Business: Adv.Pratik Kadav i/b.M/s.A.R. Bamne and Co. for plaintiff present.
None present for defendant.
Matter adjd to 19.03.2021 for awaiting service report.
Next Purpose: REPORT
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Pratik Kadav i/b M/s A.R.Bamne and co. for Plaintiff present.
Plaintiff has filed affidavit of service summons. t.o.r. Exh. 2
Defendants not served.
Plaintiff to take steps.
Matter adjd to 06.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 29.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Adjournded due to Covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.06.2021 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 19.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: FOR TAKING STEPS
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 draft chamber summons a/w. affidavit t.o.r
O-Leave granted to register draft chamber summons.
Heard the Ld.adv.for the plaintiff.
ORDER ON DRAFT CHAMBER SUMMONS
The chamber summons is taken out with the prayer to allow the plaintiff to serve the defendants by paper publication. Read the service affidavit, Exh.2. The defendants are unserved. The summons on defendant No.1 is returned with endorsement \''unclaimed\''. The summons on defendant No.2 is returned with endorsement \''not found\''. Summons will not be served in ordinary mode. Hence, I passed the following order.
ORDER
1. Draft chamber summons is allowed as follows -
(a) Suit summons be served on the defendants by affixing the copy thereof on the outer door or some other conspicuous part of the house where the defendants carries their business or work for the gain. The suit summons shall also be served by publishing the same in the leading newspapers (one English and one Marathi) having vide circulations in the area of the addresses of the defendants.
(b) Liberty is granted to select the newspapers in terms of order clause No. (a) for effective service through publication.
2. Draft chamber summons is disposed off accordingly. It be registered for statistical purpose.
Matter adjd to 29.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv.Nilesh Bamne i/b.A.R.Bamne and Co. for plaintiff present.
None present for defendant.
KB for filing service affidavit.
LO at 12.08 pm,
Adv.Nilesh Bamne i/b.A.R.Bamne and Co. for plaintiff present.
Plaintiff filed service affidavit, Exh.3 in respect of paper publication t.o.r.
Plaintiff requested for extension of time for service of summons by pasting through bailiff. O-Time is extended.
Matter adjd to 04.12.2021 for service affidavit in respect of pasting.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv.Bamne i/b.A.R. Bamne and Co. for plaintiff present.
None present for defendant.
PO is nominated for online special programme for Commercial Court on Arbitration, hence, adjourned.
Matter adjd to 11.01.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv.Divya Bamne i/b. M/s.A.R. Bamne and Co. for plaintiff present.
None present for defendant.
The plaintiff filed service affidavit in respect of pasting, Exh.4 t.o.r.
O-Read the service affidavit in respect of pasting. Read the bailiff report. Pasting is not effected, plaintiff to take steps.
Matter adjd to 03.02.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: Adv.Nilesh Bamne for plaintiff present.
None present for defendant.
ORDER BELOW EXH.1
Read the service affidavit, Exh.4. There is no compliance of order of pasting in respect of defendant No.1. Hence, reissue suit summons on defendant No.1 by pasting.
Matter adjd to 04.03.2022 for service affidavit in respect of deft.No.1 and steps in respect of deft.No.2.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv.Divya Bamne i/b.A.R. Bamne and Co. for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application for extension of time for service of suit summons t.o.r. and marked as Exh.5.
O-Time is extended for service of suit summons.
Matter adjd to 24.03.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Court is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Court is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv. Divya Bamne I/b M/s A. R. Bamne and Co Present for Plff.
None Present for Deft.
Ex.06- adv of plff filed application for extension of time to serve the writ of summons upon deft by way of pasting through Sheriff of Bombay. - Granted.
Adj. For Service affidavit on 17/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Divya Bamane Present for Plff.
None Present for Deft.
Ex.07 - Adv of plff filed application for extension of time to serve writ of summons by way of pasting through Sheriff . - Granted.
Adj. For Service affidavit on 28/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Divya Bamne I/b M/s A. R. Bamne Present for Plff.
None Present for Deft.
Ex.08 - Adv of plff has filed application for substitute service of suit summons through email on deft. Granted subject to filing affidavit regarding electronic mail address of deft is correct to the best of his knowledge and in correspondence prior to filing of the case the deft has accepted and responded to communication at that email address.
Adj. for affidavit in supporting Ex.08 and service affidavit on 01/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Divya Bamne I/b A. R. Bamne and Co. Present for Plff.
None Present for Deft.
As per order dt. 16/09/2022 passed on CS substitute service of suit summons was granted by way of affixing it on the door of deft, by publishing in news paper. As per service affidavit Ex.03 suit summons published in newspaper Free press Journal and Navshakti on 05/10/2021. However till today defts did not appear. Hence suit be proceeded ex-parte against them.
Adj. For Ex-parte Evidence on 13/12/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Court is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Adv. Divya Bamne h/f A. R. Bamne and Co. Present for Plff.
None Present for Deft.
Adv of plff seeks time to file ex-parte evidence. Granted.
Adj. For Ex-parte evidence on 07/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Adv. Divya Bamane h/f A.R.Bamne for plaintiff present.
Exh.9 - She filed affidavit of examination of chief of PW-1 – Shekhar Rajput.
Witness absent.
Exh.10 She filed list of document along with document – Seen and filed.
Case adjourned for administrating oath to witness and marking of document to 28.02.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Adv. Divya Bamne i/b M/s A. R Bamne and Co. for plaintiff present.
None present for defendant.
PW No.1 present.
Oath is given to the witness.
As the matter proceeded ex-parte no cross examination on behalf of defendant.
F.R.S.R on the point of marking of documents. Documents exhibited as under.
Exh.11- Original Letter of Authority dtd. 12/01/2023 of Mr. Shekhar Rajput.
Exh.12- Original Office copy of the Sanction Letter dtd. 4/12/2017.
Exh.13- Original Demand Promissory Note dtd. 14/12/2017.
Exh.14- Original Letter of Continuity dtd. 14/12/2017.
Exh.15- Original Letter of General Lien and Set off dtd. 14/12/2017.
Exh.16- Original Agreement of Hypothecation of Goods, Book Debts dtd. 17/12/2017.
Exh.17- Original Power of Attorney dtd. (Book Debts) dtd. 14/12/2017.
Exh.18- Original General Undertaking dtd. 14/12/2017.
Exh.19- Original Demand Notice dtd. 30/03/2019 sent by the plaintiff to the defendants.
Exh.20- Original Statement of account along with Bankers Evidence Certificate.
Exh.21 Evidence closure pursis filed Adv.of plaintiff.
Case adjd for argument to 16.03.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Adv. Ms Divya Bamne i/b. Bamne & Co. for plaintiff present.
None present for defendant.
Heard argument of advocate of plaintiff.
Exh.22- Judgment
FRSR following order passed.
ORDER
1. Suit is decreed with costs.
2. The defendants are jointly and severally directed to pay to plaintiff the amount of Rs.5,74,331/- and interest @ 10.03% p.a. plus penal interest @ 2% p.a. on principal sum of Rs.4,96,505/- from the date of suit till realisation of the amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 16-03-2023