Date: 03-08-2019
Business: Adv. Ms.Pooja Mali h/f Purnima Pandit for plaintiff is present.
Issue writ of summons to defendant No.1 and 2.
Adjourned to 09.09.2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Adv. Ms.Pooja Mali h/f Adv. Purnima Pandit for plaintiff is present.
Adjourned to 23.10.2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Adv Ms. Pooja Mali h/f Poornima Pandit for plff. Present.
None for deft. nos. 1 and 2.
Advocate for plff. filed affidavit of service along with writ of summons regarding deft no.2. Exh.2
At the request of advocate for plff. Adjd. To 06.11.2019 for taking steps against service of deft no. 1.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. Pooja Mali h/f Adv. Purnima Pandit for plaintiff is present.
None present for defendant No.2.
Exh.3 Colly. - Advocate for plaintiff filed application alongwith affidavit of plaintiff for publishing the summons in local news paper.
Order - Read. Heard. Allowed.
Adjourned to 18.12.2019 for Service (Publication).
Next Purpose: SERVICE
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Pooja Mali h/f Adv. Purnima Pandit for plaintiff is present and filed affidavit of service to defendant alongwith publication in Free Press Journal and Navshakti Newspaper. TOR and marked as Exh.4.
Perusal of Newspapers shown writ of summons has been published in those newspapers dt. 04.12.2019 thus, the defendants are deemed to be served.
None present for defendants.
Hence adjourned to 03.01.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Adv. Pooja Mali h/f Adv. Purnima Pandit for plaintiff is present.
None present for defendant.
Advocate for the plaintiff tendered the original writ of summons. TOR and marked as Exh.5.
It appears from the copy of newspaper Free Press Journal Dt.04.12.2019 and copy of Marathi newspaper Navshakti that Writ of summons has been published. This is good service of writ of summons on the defendant. Neither defendant nor anybody appears on behalf of defendant. Hence case against defendant be proceeded ex-parte.
Adjourned to 13.01.2020 for Ex-Parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv. Pooja Mali h/f Adv. Purnima Pandit for plaintiff is present.
None present for defendant.
Advocate for plaintiff seeks adjournment.
On request of advocate for plaintiff, adjourned to 21.01.2020 for Ex-Parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Pooja Mali i/b Adv. Purnima Pandit for plaintiff is present.
None present for defendant.
PW-1 Vikram Tukaram Gotam is present.
Advocate for plaintiff tendered affidavit of evidence and list of documents alongwith original documents. Affidavit of evidence and list of documents are taken on record.
Exh.6 - Affidavit of Evidence.
Exh.7 - List of documents.
Deposition PW-1 Vikram Tukaram Gotam commenced and completed by advocate for plaintiff.
Exh.8 - Letter of Sanction dt. 12.07.2016.
Exh.9 - Demand Promissory Note dt.12.07.2016.
Exh.10 - Letter of Sole Proprietorship of defendant No.2.
Exh.11 - Letter of Installments dt. 12.07.2016.
Exh.12 - Letter of Authority dt. 12.07.2016.
Exh.13 - Composite Hyphothication Agreement.
Exh.14 - Composite Undertaking cum Declaration.
Exh.15 - Declaration cum Undertaking cum Authority.
Exh.16 - General Form of Guarantee.
Exh.17 - Office copy of advocate notice.
Exh.18 Colly - Original statement of account alongwith the certificate u/s.65-B.
Exh.19 - Evidence closure pursis filed by advocate for plaintiff. TOR.
Adjourned to 28.01.2020 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Pooja Mali i/b Adv. Purnima Pandit for plaintiff is present.
None present for respondent.
Heard final arguments of advocate for plaintiff.
Adjourned to 29.01.2020 for Ex-Parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Adv. Pooja Mali i/b Adv. Purnima Pandit for plaintiff is present.
None present for defendant.
Judgment is dictated and pronounced in open court.
F.R.S.R. Following order is passed.
ORDER
1. Suit is decreed with costs.
2. the defendants jointly and severally liable to pay Rs.8,09,697/- to the plaintiff alongwith future interest @ 8.60 p.a. with monthly rest from the date of filing of the suit till the date of payment.
3. Decree be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 29-01-2020