Date: 17-03-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 27.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 06.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 13.08.2021 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv. Sujata Dahigavkar for plaintiff present.
The plaintiff is directed take the steps for issuing writ of summons.
Matter is adjd.to 21-09-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv. Sujata Dahigavkar for plaintiff present and filed
affidavit of service with original writ of summons and
bailiff report t.o.r. and marked as Exh. 2 . As the service is
not effected as per Exh. 2, the plaintiff is directed to take steps for
service of writ of summons upon the defendants.
Matter is adjd.to 24-11-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: None for plaintiff.
The plaintiff is directed to take steps for service of writ of summons upon the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd.to 12-01-2022 for steps.
***
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: None for plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: None for plaintiff.
Matter is adjd.to 05-03-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and tendered draft C/S with supporting affidavit t.o.r. and Leave is granted to register the C/S.
Matter is adjd.to 07-04-2022 for filing registered C/S.
Next Purpose: FOR___________________
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and filed original registered C/S No. 336/22 with supporting affidavit t.o.r.
As Defendants no. 1 and 2 could not be served with writ of summons as per affidavit of service Exh.2 , the plaintiff is justified in seeking substituted service. Hence, C/S No. 336/22 is made absolute in terms of prayer clause (a). issue fresh writ of summons for substituted service upon defendants no.1 and 2 by publishing in Free press Journal and Navshakti. Time is extended for service of writ of summons. C/S No. 336/22 is disposed off.
Matter is adjd.to 17-06-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: None present when called.
Adjd for writ of summons to 02/08/2022
L. O
Adv. Sujata Dahigaonkar for plaintiff present and submitted that time for publication and pasting of writ of summons may be extended. Considering her submission, time for publication and pasting of writ of summons is extended.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and orally sought extension of service of writ of summons through paper publication. O- Granted.
Adjd for affidavit of service to 05/09/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: None present for plaintiff and defendant.
Plaintiff directed to file the affidavit of service of writ of summons.
Later on at 12.24 pm.
Adv. Sujata Dahigaonkar for plaintiff present.
Exh. 03 - Affidavit of service of writ of summons filed by plff and alongwith copies of 2 newspapers. O-seen.
Exh.04 - copies of 2 newspapers.
Suit summon was issued to the deft by way of substituted service i.e. paper publication in 2 newspapers. It is duly served to the defendant. Hence it is proceeded ex-parte against defendant.
Matter adjd for ex-parte evidence on 18/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present. Witness of plaintiff present.
Affidavit of evidence of Vinay Vaidhya filed by plaintiff t.o.r. and marked as Exh. 4 O- Read and recorded in evidence.
Exh-5 List of documents. O- Filed.
Exh-6 Application for credit facility
Exh-7 Sanction letter.
Exh- 8 particulars of assets and liabilities for deft no.1.
Exh-9 particulars of assets and liabilities for deft no.2
Exh-10 composite hypothecation agreement.
Exh-11 receipt
exh-12 guarantee agreement.
Exh-13 legal notice
Exh-14 Statement of accounts.
Exh-15 particulars of claim.
Adjd for further evidence to 23/11/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Exh- 16 True copy of letter of authority.
Defendant absent hence no cross examination.
Exh-17 Evidence closing pursis filed by adv. for plaintiff O- R and R.
Heard arguments of adv. Dahigaonkar for plaintiff.
Adjd for exparte evidence to 28/11/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: None present when called.
Matter is wrongly shown under caption of exparte evidence. Arguments of adv. For plaintiff already heard on previous date. It must be for exparte judgment.
Adjd for exparte judgment to 14/12/2022
L. O
Adv. Sujata Dahigaonkar for plaintiff present.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present. None for defendant.
Court pronounced judgment in open court.
Exh- 18 Judgment
FRSR the following order is passed
ORDER
1. Commercial Suit No. 42 of 2021 is decreed with costs.
2. The defendant nos. 1 and 2 are jointly and severally liable to pay an amount of Rs.9,51,913.11ps. (Rs. Nine Lakhs Fifty One Thousand Nine Hundred Thirteen and Eleven Paise Only) to the plaintiff along with interest at the rate of 10 percent per annum on the principal amount from the date of filing of the suit till realization within three months from the date of this order.
3. Defendants to bear the cost of the suit.
4. Court fee, if any, be refunded to the plaintiff as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 14-12-2022