Date: 24-02-2021
Business: P.O. is on leave.
Matter is adjd to 19.04.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 15/07/2021 for Report
Next Purpose: REPORT
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 09.09.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv. For plaintiff present.
KB
LO
Adv. Dakshata sawant for plaintiff present and filed application for fresh issue summons through RPAD. TOR
O- Allowed Issue writ of summons a fresh as per rules.
Adjd. to. 20.01.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: None present.
Matter is adjd for report to 22.03.2022
Next Purpose: REPORT
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: PO is on training. Hence, matter adj. to
Next Purpose: REPORT
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Adv. Pragati Shelar for plaintiff present.
None for defendant.
Matter is adjd. to 29.08.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: Adv. Praneeta Shinde for Plaintiff present and filed affidavit of service. (Exh.02). As the service is not complete she seeks time to take proper steps.
None for Defendant.
Matter adjourned to 11.11.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv.Swati Chinnadurai i/b Anant B.Shinde and Company for plaintiff present. She tendered draft Chamber of Summons along with affidavit seeking service of writ of summons by way of paper publication .
Perused the C/S and affidavit filed in support. The earlier summons send by post has returned unserved to the endorsement intimation posted/unclaimed. The advocate submits that defendant is deliberately avoiding the service hence, substituted service be allowed. On perusal of the C/S and the affidavit of service already filed on record, I find that the service of writ of summons by regular mode is not possible hence, draft C/S deserves to be allowed.
Hence, the order
ORDER
1) Draft C/S is allowed in terms of prayer clause (a) which reads as under.
That the Honble Court be pleased to allow the plaintiff to allow the plaintiff to serve the writ of summons upon the defendant by substituted service through paper publication in the daily news paper
Business Standard in English and the Lakshwadeep in Marathi.
2) Plaintiff to serve defendant as per sub rule (1-A) of Rule 20 order V of CPC.
3) Plaintiff to registered Chamber Summons for statical purpose forthwith.
4) Chamber Summons stands disposed of accordingly.
Matter is adj to 17/02/2023 for compliance.
Later on
Adv. for plaintiff present. She tendered registered C/S No.1783/22 (disposed of).
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Adv.Ms.Pragati Shelar i/b Adv.Anant B.Shinde and Company for plaintiff present. She filed affidavit of service (Exh-3)
From the affidavit it transpires that the summons is served by way of paper publication on 19/01/2023.
Despite lapse of statutory period of 10days, defendant failed to cause appearance. Hence, suit to proceed ex-parte.
Matter is adj to 13/04/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv. for plaintiff present.
At the request of advocate for plaintiff matter is kept back.
Matter called out at 1.13pm
Plaintiff and her Adv.Pragati Shelar are present. She filed affidavit-in-chief of Ms.Akshatha S. Malpe (Exh-4)
Plaintiff also filed compilation of documents (Exh-5)
Order-Filed.
Following documents are marked as exhibit.
Sr.No.1- Authority letter of Ms.Akshatha S.Malpe dated 11.11.2022 (Exh-6)
Sr.No.2- Letter of Sanction dated 25.09.2017 (Exh-7)
Sr.No.3- Demand Promissory Note for Rs.1,40,000/- dated 25.09.2017 (Exh-8).
Sr.No.4- Letter of Installment with Acceleration Clause dated 25.09.2017 (Exh-9).
Sr.No.5- Composite Undertaking cum declaration dated 25.09.2017 (Exh-10).
Sr.No.7- Office copy of plaintiffs advocate legal notice dated 23.07.2020 addressed to the defendant (Exh-11).
Sr.No.8- Returned Envelopes received from the postal authorities (Exh-12).
Sr.No.9- Statement of Accounts in respect of personal loan A/C No.06690600001383 (Exh-13).
Sr.No.10- Certificate under the Banker\''s Books of Evidence Act, 1891 and Section 65 B of the Evidence Act, 1891 dated 13.04.2023 (Exh-14).
Adv. Pragati Shelar for plaintiff filed evidence closing pursis (Exh-15) Order-Filed.
Matter is adj to 13/07/2023 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Praneeta Shinde i/b Anant B. Shinde and Co. for plaintiff is present.
During the course of hearing, the query was raised in respect of dat of sanctioning the loan and execution of the document and, the date of disbursement of loan, counsel for the plaintiff prayed for adjournment with the submission that she wants to take additional instructions and they could argue the matter.
Matter is adj to 04.08.2023 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-08-2023
Date: 04-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
Adv. Pranita Shinde h/f Advocate Shinde for the plaintiff
K.B.
L.O.
Advocate for the plaintiff filed compilation of documents t.o.r. marked as Exh-16. She also filed additional affidavit of examination in chief t.o.r. it is marked as Exh- 17
Matter is adj to 24/08/2023 for Ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Prashant Shinde for plaintiff is present.
Matter is adj to 10.11.2023 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Prashant A Shinde i/b Anant B. Shinde for plaintiff is present.
Matter is adj to 21.02.2024 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Pranita Shinde for plaintiff is present.
Heard final arguments of the counsel for the plaintiff.
Matter is adj to 07.03.2024 for further arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Date: 16-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Pranita Shinde for plaintiff is present.
Heard counsel for the plaintiff on admission and denial of documents.
Documents filed at Exh-16 at Sr. No. 1 is original loan application and document at Sr. No.2 is statement of accounts supported by Certificate u/s 65B of The Indian Evidence Act.
Exh-18 Loan application dated 12.09.2017.
Exh-19(colly) Statement of accounts supported by Certificate u/s 65B of The Indian Evidence Act.
Matter is adj to 20.06.2024 for further arguments/ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Prashant A. Shinde i/b Anant B. Shinde and Co. for plaintiff is present.
Heard ex-parte argument of counsel for plaintiff.
Matter is adj to 03.07.2024 for further argument/ex-part judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
FRSR following order is passed
Order
1)Summary Suit No.582/2020 is hereby decreed with the costs.
2)The defendant shall pay an amount of Rs. 87,035/-(Rupees Eighty Seven Thousand and Thirty Five only) to the plaintiff.
3)The defendant shall pay to the plaintiff simple interest on Entitled to interest @ Rs. 12 percent per annum on Rs. 80,120/- from 21/09/2020 the date of filing of suit till its full realization.
4)The plaintiff may be entitled to get refund the court fees paid, if provided for in Rules.
5)The decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 03-07-2024
