Date: 09-07-2018
Business: Adv. Chaitali Mathuriya Present for the Plff.
Issue writ of Summons against the Defts.
Adj. For Affidavit of Service on 10/09/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-09-2018
Date: 10-09-2018
Business: Adv. Jaitali Mathuriya Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff sought time to file Service affidavit of writ of summons. Time granted.
Adj. For Service affidavit of writ of summons on 18/01/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-01-2019
Date: 18-01-2019
Business: HHJ is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Adv.Pranita Shinde for plaintiff present.
None for defendant.
Ld. Adv. for the plaintiff tendered service affidavit. TOR Exh. 02.
As per service affidavit, the RPAD envelop to returned by postal remark not residing at the given address issue to defendant no. 1 and 2 of writ of summons. Hence service is not completed.
Ld. Adv. for the plaintiff tendered draft Chamber summons alongwith affidavit for paper publication. TOR
Order on Chamber summons
Heard. Leave granted. Chamber summons be registered for statistical purpose as it is made absolute in terms of prayer clause (a) for paper publication of writ of summons against defendant nos. 1 and 2 in daily newspaper Business standard (English) and Lokshadweep in Marathi having vied circulation in local area. No order to costs. Case paper be filed. Service affidavit alongwith newspaper be place on 28.06.2019.
Adjd for Service affidavit to 28.06.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Adv. Prashant Shinde for plaintiff present.
Ld. counsel for plaintiff filed registered CS No. 734/19 (Already disposed off). TOR.
Exh.3 Service affidavit filed by plaintiff. TOR.
As per service affidavit the notice of summons is duly published in Marathi and English news papers. However, the period of 30 days is yet to over.
Matter adjd for appearance on 13/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Adv. Harshita Makhawana for plaintiff present.
Matter adjd for service affidavit on 18/10/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv. Makwani for plaintiff present.
Matter adjd for service affidavit on 17/12/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. Pranita Shinde for plaintiff present.
Matter adjd to 17/02/2020 on order against deft.
Next Purpose: ORDER
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. A.B. Shinde for plaintiff present.
None for defendant.
Heard Ld Adv for plff. Perused affidavit of service of writ of summons which is filed wide Ex.03.
KB L.O. at 1.42 pm
In spite service of writ of summons to defendant through publication, none present. Hence suit be proceeded ex-parte against both defendants.
Matter adjd for filing evidence affidavit to 05-03-2020 at 11.00 am.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv. Atul Gupta h/f Anant Shinde for plaintiff present.
None for defendant.
Dilip - plaintiff witness present.
Suit already proceeded ex-parte against deft.
Ex.04 Ld Adv for plaintiff filed evidence affidavit t.o.r O- R and R.
Ex.05 Ld Adv for plaintiff filed List of documents t.o.r O- Seen.
Matter adjd for hearing on admissibility of document to 23-03-2020 at 11.00 am.
Next Purpose: HEARING
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Business: National Lockdown
Next Purpose: HEARING
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: CORAM H.H.J. SHRI. R.V.KOKARE (C.R.31)
Both parties and their advocates are absent when called out.
Adjourned for hearing on exh. 5 list of document of the plff to 13/10/2020.
Next Purpose: HEARING
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: Both the parties and their advocates are absent.
Adjd. for evidence of plaintiff (Ex-parate) to 02.11.2020.
Next Purpose: HEARING
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on documents (Exh. 05) to 05.12.2020.
Judge
Next Purpose: HEARING
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: Advocate Prashant Shinde for plaintiff present. Heard argument on Exh. 5 for List of Document. Satisfied. List of Document at Exh. 5 is here by allowed and Exh. Given to the documents under list at serial numbers 1 to 7 and 9 and 10.
None present for defendants.
List of documents are filed by plaintiff as Exhibit mark as follow.
Letter of authority dated 04.02.2020. (Exh.6)
Letter of Sanction dated 31.07.2015. (Exh. 7)
Demand Promissory Note for Rs. 6.50 Lacs dated 31.07.2015.(Exh. 8)
Bearer Letter dated 31.07.2015. (Exh.9)
Loan Installment Letter dated. 31.07.2015. (Exh. 10)
Hypothecation cum Loan Agreement dated 31.07.2015.(Exh.11)
Composite Agreement dated 31.07.2015.(Exh.12)
Certification of Registration dated 19.08.2015. Xerox Copy.
Plaintiff Advocate\''s Legal Notice dated 11.10.2017 along-with returned envelopes. (Exh.13)
Statement of Accounts along with Certificate. (Exh.14)
Adjourned for argument on 10.12.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Advocate Manasi Mule for plaintiff is present and filed written notes of arguments at Exh.15.
None present for defendant.
Adjourned for oral arguments to 05.01.2021
Next Purpose: ARGUMENTS
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Adv. Prashant Shinde for plaintiff present.
None for defendant.
Heard arguments on behalf of plaintiff.
F.R.S.R the following order is passed -
ORDER
1. Suit is partly decreed with cost.
2. Defendants no. 1 and 2 shall pay jointly and severally an amount of Rs.6,95,624/ (Rupees Six Lakhs Ninety Five Thousand Six Hundred Twenty Four Only) with further interest @ 12 percent p.a. from the date of suit till realization within two months from the date of decree.
3. Decree shall be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 05-01-2021