Date: 27-04-2018
Business: None present.
Matter is adjd. for direction 24.07.2018.
Next Hearing Date: 24-07-2018
Date: 24-07-2018
Business: Adv. Mrs. Amita Murgude Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff filed original writ of summons. t.o.r.
Ld counsel for the Plff filed Affidavit of Service. t.o.r.
As per service affidavit Deft no. 1,2,3 served by RPAD. Deft no. 1 and 2 accepted the service as per postal acknowledgement and Deft no.3 refused to accept the envelop. Hence service is proper when called none appear for Deft no. 1,2,3. hence matter proceeded Ex-parte Against the Deft no. 1,2, 3.
Adj. For Ex-parte Evidence on 24/09/2018.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-09-2018
Date: 24-09-2018
Business: P. O is on mediation Training
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-11-2018
Date: 27-11-2018
Business: None Present for the Plff.
None Present for the deft. no.1,2,3 Proceeded Ex-parte.
No Steps taken. No evidence adduced. Hence kept for DID order 19/01/2019.
Next Purpose: DISMISSAL
Next Hearing Date: 19-01-2019
Date: 19-01-2019
Business: PO is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: HHJ is on Mediation Training
Next Purpose: DISMISSAL
Next Hearing Date: 29-04-2019
Date: 29-04-2019
Business: Circular no.65/2019 dt. 04/04/2019 of Hon''ble PJ City civil Court as declared holiday on the point of Loksabha Election 2019. hence matter posted on next working day.
Next Purpose: DISMISSAL
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Adv. Ms. Anita Murgude Present for the Plff.
None Present for the Deft.
Adj. for DID order on 20/07/2019.
Next Purpose: DISMISSAL
Next Hearing Date: 20-07-2019
Date: 20-07-2019
Date: 17-02-2020
Business: Representative (Bank officer) of plaintiff present.
Adv Barve for plaintiff present.
None for defendant.
Perused roznama dated 17-01-2020. It appears from the said roznama that NM 3282/2019 is allowed. The Ld adv for plff submits that she would file compliance of the said order on next date.
Ex.04 Ld adv for plaintiff filed affidavit of evidence t.o.r. O- R and R.
Ex.05 Ld adv for plaintiff filed list of document t.o.r. O- Seen.
Matter adjd for compliance of order dated 17-01-2020 passed in NM no. 3282/2019 in respect of issuing notices to all defendants to 17-03-2020 at 11.00 am.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Adv. Kanchan Lele for plaintiff present.
None for defendant.
Ex. Ld Adv for plaintiff filed affidavit of service of notice of restoration of suit t.o.r. O- seen.
Matter adjd for compliance to 17-06-2020 at 11.00 am.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Mrs. Barve for plaintiff present.
Adjd for exparte arguments to 06/3/2021
Next Purpose: ARGUMENTS
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv. Smt. Barve for plaintiff present.
Heard arguments of Adv. Barve for plaintiff.
Adjd for exparte judgment to 24/03/2021
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Mrs. Barve for plaintiff present.
Adv. for plaintiff has filed authority letter of the person who adduce evidence on behalf of plaintiff bank along with pursis. t.o.r.
Adjd for exparte argument to 22/04/2021
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Board is discharged. Matter adj. to
Next Purpose: ARGUMENTS
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Court is Vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Court is Vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Court is Vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: AS PO IS ON TRAINING MATTER ADJD TO
Next Purpose: ARGUMENTS
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Adv A.W.Barve plff present.
None for def
Documents produced in evidence are not exhibited. Adv for plff to make submissions on Exhibiting documents on next date.
Matter is adjd on 16.07.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: Matter called out at 11.51 am
Adv A.W.Barve for plff
None for Defendant
Heard adv for the plff on documents.
Documents at Sr No. 23,25,30 and 31 are the photocopies. Rest of the documents are proved in the evidence affidavit. Therefore, are exhibited as under.
1. Application for Term Loan dated 17.08.2015 At Sr No.1as Exh 6
2. Proforma invoice dated 29.07.2015 as Exh 7
3. Receipt of Booking Amound dated 30.07.2015 as Exh 8
4. Receipt for Balance Payment dated 19.08.15 as Exh 9
5. Sanction Letter dtd 20.08.15 as Exh 10
6. The Demand Promissory Note as Exh 11
7. The Demand Promissory Note Delivery letter as Exh 12
8. The Hypothecation cum Loan Agreement as Exh 13
9. The declaration dated 21.08.15 as Exh 14
10. Letter of Authority dated 21.08.2015 as Exh 15
11. Common Guarantee Deed dated 21.08.15 as Exh 16
12. Undertaking dated as Exh 17
13. Receipt dated 26.08.15 bearing No. REC15007661 for Rs. 6,05,000.00 as Exh 18
14. Copy of letter sent to the def No.1 on 30.12.15 for the overdue amount of Rs.12,580.00/- as Exh 19
15. Copy of letter dated 29.02.16 by plff to the def no.1 for the overdue amount of Rs.12,952.26 as Exh 20
16. Demand Notice dated 21.11.16 for the overdue amount of Rs. 29,477.16 as Exh 21
17. Demand Notice dated 10.01.17 for the overdue amount of Rs. 46,273.27 as Exh 22
18. Demand Notice dated 20.02.2017 for the overdue amount of Rs. 54,447.53 as Exh 23
19. Recall Notice dated 13.04.17 as Exh 24
20. Demand Notice dated 24.04.2017 for the overdue amount of Rs. 47,346.51 as Exh 25
21. Demand Notice dated 22.05.2017 for the overdue amount of Rs. 52,042.98 as Exh 26
22. Demand Notice dated 12.06.17 for the overdue amount of Rs. 16,239.98 as Exh 27
24. Demand Notice dated 22.09.17 for the overdue amount of Rs. 15,232.98 as Exh 28
26. Demand Notice dated 21.10.17 for the overdue amount of Rs. 28,379.98 as Exh 29
27. Demand Notice dated 20.02.2017 for the overdue amount of Rs. 54,447.53 as Exh 30
28. Notice of Invocation of guarantee dated 18.09.17 addressed to Def No.2 as Exh 31
29. Notice of Invocation of guarantee dated 18.09.17 addressed to Def No.3 as Exh 32
32. Copy of Demand Notice dated 12.12.17 by plff to def No.1 for the overdue amount of Rs 34,650.18 as Exh 33(Colly)
Matter is adjd on 20.08.2022 for Arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Adv A.W. Barve for plff present
None for Defendant
Adv for plff tendered evidence close pursis t.o.r marked as Exh 34
Heard arguments of adv for plff.
Matter is adjd on 17.09.2022 for Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Matter called out at 11.22 am
Adv A.W.Barve for plff present
None for defendant
K.B. for judgment
L.O. at 4.12 pm
Judgment dictated and pronounced.
FRSR FOLLOWING ORDER IS PASSED IN SUIT NO. 1818 OF 2019
ORDER
1. Suit No. 1818 of 2019 is decreed with costs.
2. Defendant Nos. 1 and 2 shall, jointly and severally pay an amount of Rs. 4,36,243/- to plaintiff with interest at the rate of 11.5 percent p.a. from the date of suit till its realisation.
3. Decree be drawn up accordingly.
4. Suit No. 1818 of 2019 is disposed off accordingly.
R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 17-09-2022
