Date: 16-08-2018
Business: Adv. Grishma Lal for Plaintiff present.
None for Defendant.
Plaint.
V.P.
List of documents.
Memorandum of address.
Application for extension of time to issue the writ of summons upon the defendant.
Order Time is extended to issue writ of summons upon defendant.
Matter is adjd. to 18/12/2018 for Service.
Next Purpose: REPORT
Next Hearing Date: 18-12-2018
Date: 18-12-2018
Business: None. for Plaintiff
None for Defendant
Matter is adjd. to 05.02.19 for service report.
Next Purpose: REPORT
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Business: Adv. Pranita Shinde for Plaintiff present.
None for Defendant
Advocate for plaintiff has filed application for issuance of writ of summons upon defendant.
Order Issue fresh writ of summons upon defendant.
Matter is adjd. to 02/04/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 02-04-2019
Date: 02-04-2019
Business: Adv for plaintiff Mr.Shinde present
Adv for plaintiff filed application for extension of time for issuance of summons
O-Time Granted
Matter is Adjd for Affidavit of Service to 13/08/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: P.O. is on training. Adjd to 16/11/19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: Adv Pranita Shinde for DH present.
Application for seeking permission to issue fresh summons. t.o.r.
O-Issue fresh summons by post as prayed.
Adjd. To 16.01.2020 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Prashant Shinde for plaintiff filed
Exh.6- Service affidavit.
Service affidavit @ acknowledgment cards of EMS Speed post show that summons has been served on the defendants. However, the defendants failed to appear. Hence, suit to proceed Ex-parte against the defendants.
Adjd to 04.03.2020 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. A.B.Shinde for plaintiff
Adjd on his request for evidence to 24-07-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: PO is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv. Prashant Shinde for plaintiff present.
Matter is adjd.to 16-10-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: In view of Letter of Hon’ble High Court dtd. 11-10-2021 and office order no. 213/2021 of Hon’ble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. Priyanka Sukhdhare for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 10-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Pranita Shinde for plaintiff along with witness Chandraprakash Panwar present and filed evidence affidavit of witness Chandraprakash Panwar t.o.r. and marked as Exh.7
He also filed list of documents t.o.r. and marked as Exh. 8
Oath is administered to witness Chandraprakash Panwar . He stated on Oath that evidence affidavit Exh. 7 bears his signature and contents therein are correct. He also proved documents filed with list Exh.8 and they are Exhibited as under -
Exh. 9 – Letter of authority dtd. 07-01-2022
Exh. 10 – Letter of sanction dtd. 10-12-2015 (xerox)
Exh. 11- Demand promissory note dtd. 10-12-2015.
Exh. 12 – Bearer letter dtd. 10-12-2015.
Exh. 13 – Loan installment letter dtd. 10-12-2015.
Exh. 14 – Hypothecation cum loan agreement dtd. 10-12-2015.
Exh. 15 – Composite agreement dtd. 10-12-2015.
Exh. 16 – Photo copy of certificate of registration dtd. 26-01-2016.
Exh. 17 – Office copy of notice dtd. 14-03-2018.
Exh. 18 colly – Returned envelopes (two).
Exh. 19 - Statement of account.
Exh. 20 – Certificate under Banker’s Book Evidence Act, 1891 and Evidence Act, 1891 dtd 10-01-2022.
Exh. 21 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 24-01-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Adv. Priyanka Sugdare for plaintiff present.
Exh.22 Ex-parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 685/2021 is partly decreed.
2. The defendant is directed to pay amount of
Rs.7,81,318.41/- (Rupees Seven Lakhs Eighty-one Thousand
Three Hundred Eighteen and Paise Forty-one Only)
to the plaintiff with interest @ 11.95 p.a. with monthly rest
from the date of suit till the date of realization within three
months from the date of decree.
3. It is hereby declared that the said loan is duly secured by
valid and subsisting hypothecation of Skoda Rapid Car No.
MH-46-AD-1525.
4. Defendants no.1 and 2 shall jointly and severally liable to
pay the decretal amount to the plaintiff.
5. Court fees shall be refunded to the plaintiff as per rules.
6. The defendant shall bear the costs of the suit.
7. Decree be drawn up accordingly
Nature Of Disposal: PARTLY DECREED
Disposal Date: 24-01-2022
