Date: 08-04-2019
Business: Adv. Ms. Shraddha Agrawal for Plaintiff present.
Adv. for Defendant present.
Issue writ of summons.
Matter is adjd.for writ of summons on 22.07.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Adv. Ms. Mugha Sawant for Plaintiff present.
None for Defendant present.
Matter is adjd. for writ of summons on 26.08.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Adv. Ms. Mugdha Sawant for plaintiff present.
None for defendant present.
Exh.1 -Plaint.
Exh.2 -Vakalatnama.
Exh.3 -Address Memo.
Exh.4 -List of documents.
Exh.5- Application filed by plff for amendment- Perused gazette of G.O.I dtd. 02.01.2019, allowed to carry on amendment as prayed till next date.
Matter is adjd. for compliance on 21.10.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Business: Court is on Holiday for Election.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Advocate Shraddha Agrwal for plaintiff is present and filed application for issuance of summons at Exh. 06.
None present for defendant.
Adjourned for writ of summons to 27.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Advocate Shradha Agrwal for plaintiff is present.
None present for defendant.
Adjourned for writ of summons to 02.04.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Nobody present.
Adjd for writ of summons to 17/04/2021
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: None present.
The matter is adjd for service of summons to 11.10.2021.
Next Purpose: SERVICE
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv. Saraswati Purohit for plaintiff present.
Exh.6-Adv. For plaintiff tendered service affidavit. T.O.R.
As per service affidavit (Exh.6), deft. nos.1 and 2 are deemed to be served with writ of summons. But, they failed to tender their appearance before the Court. Therefore, suit be proceeded ex-parte against deft. nos. 1 and 2.
The matter is adjd for ex-parte evidence to 15.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv. Saraswati Purohit for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 10.12.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv. Saraswati Purohit for plaintiff present.
Exh.7 - Affidavit of statement of truth under Commercial Courts Act. T.O.R.
Exh.8 - Adv. For plaintiff filed affidavit of evidence of PW-1 Rajendra Kaw.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.9 - List of documents. T.O.R.
From the evidence of PW-1 Rajendra Kaw, following documents are proved, therefore, they are exhibited.
Exh.10 - Copy of power of attorney.
Exh.11 - Loan application.
Exh.12 - Consent letter.
Exh.13 - Letter of general lien.
Exh.14 - Hypothecation deed.
Exh.15 - Demand promissory note.
Exh.16 - Letter of continuity.
Exh.17 - Letter of acknowledgement of debt.
Exh.18 colly. - Office copy of notice along with postal receipt and envelope.
Exh.19 - Statement of account.
Exh.20 - Particulars of claim.
Exh.21 - Adv. For plaintiff filed evidence closing pursis.
O. - Filed.
The matter is adjd for arguments to 17.12.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv. Rishabh Mishra for plaintiff present.
Heard arguments of Adv. For plaintiff.
K.B.
L.O. at 05.30 pm.
Exh.22 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is partly decreed with costs.
2. Defendants shall pay an amount of Rs.6,53,524.20/-(Rupees Six Lacs, Fifty Three Thousand, Five Hundred and Twenty Four and Paise Twenty only) alongwith interest @ 11.75percent p.a. to plaintiff from the date of the suit till it\''s realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
4. Decree thus follow.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 17-12-2021