Date: 11-02-2019
Business: Exh-2 Adv. Shradddha Agarwal for plaintiff tendered application for issue of fresh writ of summons.O-Granted.
Matter is adj for filing service report on 25/04/19.
Next Purpose: SERVICE
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Adv. Shardha Agarwal for plaintiff present.
Service awaited.
Matter is adj 21.08.2019 for affidavit of service.
Next Purpose: SERVICE
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Next Purpose: SERVICE
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender affidavit of service.
Matter adjd to 30.04.2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2020
Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-05-2020
Date: 21-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: None present.
Adjd to 17-03-2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: None present.
Adjd to 12/08/2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None for plaintiff.
In view of service affidavit Exh. 3, matter is kept for necessary order.
Matter is adjd.to 21-09-2021 for order.
Next Purpose: ORDER
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: None for plaintiff.
As per affidavit of service Exh. 3, the defendant is duly served with writ of summons on his 1st address mentioned in the plaint and acknowledgment Exh. B is received duly signed by him. Envelop send on 2nd address of the defendant returned with endorsement “unclaimed ” as the defendant is duly served long ago in April 2019 and he failed to appear, the suit to proceed ex parte against defendant.
Matter is adjd.to 28-10-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None for plaintiff.
Matter is adjd.to 20-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv. Rushabh Mishra h/f Adv. Rajkumar Shukla for plaintiff present and submitted that short date may be given for moving C/S for amendment in the plaint. - granted.
Matter is adjd.to 18-12-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv. Rushabh Mishra for plaintiff present.
Matter is adjd.to 20-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: None for plaintiff.
Matter is adjd.to 24-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: None for plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: None for plaintiff.
Matter is adjd.to 18-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: None for plaintiff.
Matter is adjd.to 20-06-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: None present when called.
Adjd for exparte evidence to 07/07/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: None present. Plaintiff is not adducing evidence hence keep for dismissal.
Adjd for dismissal order to 29/07/2022
L O
Adv. Arfat Shaikh for plaintiff present.
Next Purpose: DISMISSAL
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: None for plaintiff.
None for defendant.
LO
Adv Mugdha Sawant for plaintiff present.
She sought time for filing evidence - time granted.
Matter is adjd.to 04-08-2022 for evidence.
Next Purpose: FOR___________________
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Arfat Shaikh for plaintiff present.
Witness of plaintiff Nishant Bansode is present.
Exh-4 Statement of truth filed by adv. for plaintiff. O- R and R.
Exh-5 Affidavit of evidence of Nishant Bansode filed by adv. for plaintiff. O- Read and recorded in evidence.
Exh- 6 List of documents filed by adv. for plaintiff. O- Filed.
Exh-7 Authority Letter
Exh-8 Original Loan Application cum Sanction Letter
Exh- 9 Original tax invoice
Exh-10 Original demand promissory note
Exh- 11original letter of general lien.
Exh-12 Original general undertaking.
Exh-13 Original agreement of hypothecation.
Exh-14 Office copy of legal notice
Exh-15 Statement of account.
Exh-16 Particulars of plaintiffs claim against defendant.
Defendant absent. None for defendant Hence no cross-examination
Exh-17 Evidence closing pursis filed by adv. for plaintiff. O-Seen.
Heard arguments of adv. for plaintiff.
Adjd for exparte judgment to 08/08/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: adv. Pooja Tripathi for plaintiff present.
Court is busy in passing orders in other suits hence adjourned.
Adjd for exparte judgment to 20/08/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Adv. Saraswati Rajpurohit along with Adv. Arfat Shaikh for plaintiff present.
Exh-18 Judgment
Court pronounced judgment in open court.
FRSR the following order Is passed
ORDER
1. Commercial suit No. 761 of 2021 is decreed with costs.
2. The defendant do pay to the plaintiff an amount of Rs. 3,00,282.76 ps (Rs. Three Lakh Two hundred Eighty Two and seventy six paisa only) with further interest at the rate of 12 percent per annum on the principal amount from the date of filing of the suit till realization.
3. The defendant shall bear the costs 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: 20-08-2022
