Date: 26-07-2019
Business: Adv. Ms. Anasamah Sayed I/b Bilwala and Co. for plaintiff present.
None present for defendant.
Issue writ of summons to the defendants for filing written statement. The plaintiff to serve the defendants by speed post in addition to regular mode.
Adjourned for affidavit of service of writ of summons to 14.8.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: Adv. Giriraj for plaintiff present.
None present for defendants.
Affidavit of service in 3 volumes filed by the plaintiff. TOR.
It appears from the postal endorsement that the addressee left address without intimation.
Plaintiff to take the steps for service of writ of summons to the defendants.
Adjourned for steps to 28.8.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Adv. Anasamah Sayed I/b M/s Bilwala and Co. for plaintiff present.
Application filed by the plaintiff for substituted service.
Order below Exh. 3
Read application. Heard. The Ld. counsel for the plaintiff submitted that the plaintiff made attempt to serve the writ of summons to the defendant no. 1 at the last known address and more particularly at the registered office of the company. The sealed envelope with writ of summons returned to the department with the postal endorsement \''addressee left without instruction\''. The report is received in respect of defendant nos. 2, 3, 4 and 6 as \''left address\''. The report in respect of defendant no. 5 is that on the inquiry it was found that there is no such person resides at the given address. The plaintiff has filed affidavits to support the said contention along with the sealed postal envelopes.
By this application, therefore, the plaintiff seeks leave of this court to serve the defendants by substituted service. From the reason assigned it appears that, the defendant no. 1 company\''s office was not in operation and the company has left without instructions. Thus, it appears that attempt was made to serve defendant no. 1 at the last known address. Similarly the defendant nos. 2, 3, 4 and 6 also left the place where they last resided. The defendant no. 5 was not residing at his last known address. It appears that the defendants are avoiding the service of summons. Further the attempt was made to serve defendants on their last known address. In view of the matter, it is expedient to pass following order.
ORDER
1. Application (Exh. 3) is allowed.
2. Plaintiff to serve defendant nos. 1 to 6 by paper publication in daily English and Marathi news paper widely circulated in the area where the defendant nos. 1 to 6 last resided in addition to pasting writ of summons on the last known address of the defendant nos. 1 to 6.
3. Application (Exh. 3) is disposed of accordingly.
Def. no. 7, despite the service of writ of summons, failed to appear, hence suit to proceed exparte against defendant no.7.
Adjourned for affidavit of service in respect of defendant nos. 1 to 6 to 15.10.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: By precepie.
Adv. Giriraj for plaintiff present.
Application filed by the plaintiff for modification of order dated 28.8.2019.
Matter is already adjourned to 15.10.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Adv. Sayed for plaintiff present.
None present for defendant.
The Ld. Counsel for the plaintiff seeks time to take steps as regard service of the summons by pasting.
Adjourned for steps to 13.12.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Giriraj for plaintiff present.
Ld. counsel for plaintiff submits that plaintiff has taken steps to serve deft. but report is awaited. Hence, seeks time. Granted.
The matter is adjd for affidavit of service to 10.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Adv. Sayyad for plaintiff present.
None for deft.
Ld. counsel for plaintiff submitted that the report is awaited from the concerned court as regard the pasting. Hence, seeks time for filing service affidavit. Granted.
The matter is adjd for affidavit of service to 29.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Adv. Sayyad for plaintiff present.
Registry of this court has forwarded the letter of the plaintiff\''s advocate and the reply given to the plaintiff\''s advocate in respect of service to the deft. Letter of the Registrar discloses that till 18.01.2020, the Registry has not received the report from the Court at Pune. Hence, Ld. Counsel for plaintiff submitted that plaintiff is unable to file service affidavit.
The matter is adjd for affidavit of service to 21.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Sayyad for plaintiff present.
Adv. for plaintiff tendered affidavit of service. T.O.R.
The matter is adjd for order to 11.03.2020.
Next Purpose: ORDER
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Adv. Giriraj for plaintiff present.
Report received from bailiff Sr. Division, Pune. T.O.R.
The matter is adjd for order to 20.03.2020.
Next Purpose: ORDER
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for order to 08.04.2020.
Judge
Next Purpose: ORDER
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National lockdown due to Covid 19
Next Purpose: ORDER
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdwon due to Covid 19
Next Purpose: ORDER
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 04-07-2020
Date: 04-07-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE.
Both parties and their advs are absent when called out.
This matter is transferred from C.R.No.01.
The plff is directed to argue on service of writ of summons to the defts.
The matter is adjd for args on service of writ of summons to 03.08.2020.
Next Purpose: HEARING
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: National Lockdown
Next Purpose: HEARING
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
None present for plff.
Adjd for hearing on service of writ of summons to 26/10/2020.
Next Purpose: SERVICE
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Advocate Giriraj for plaintiff present.
None for defendants.
Adjourned for writ of summons on 18.01.2021.
Next Purpose: SERVICE
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv.Giriraj for plaintiff present.
None for defendant.
Exh. 6 - Service affidavit by publication submitted by plaintiff.
Heard adv. Giriraj for plaintiff. Perused bailiff report dtd. 07-12-2019, defendant no. 2 is no more, plaintiff to take proper steps against defendant no. 2.
In view of service affidavit vide Exh. 6, summons is duly served by publication in two news papers i.e. The Free Press Journal and Navshakti. Defendants no. 1, 3 to 7 are failed to appear. Hence, suit to proceed (ex-parte).
Exh. 7 - Pursis submitted by plaintiff - Name of defendant no.
2 be deleted. As per endorsement below Exh. 1 name of
defendant no. 2 is deleted.
Matter is adjd.to 05-02-2021 for (ex-parte) hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Arvind Giriraj for plaintiff present.
None for defendant
Exh. 8 - Statement of truth submitted by plaintiff
Exh. 9 -Statement of truth submitted by plaintiff.
Exh. 10 - evidence affidavit of PW - 1 - Sadruddin Bilawala
Exh.11 - List of documents.
In view of evidence of PW -1 , following documents are
marked -
Exh.12 - Original General Power of Attorney executed by
the plaintiff in favour of her Constituted attorney, Mr.
Sadruddin Khimji Bilawala.
Exh.13 - Original loan receipt issued by the defendants
confirming and acknowledging the receipt of the loan
amount.
Exh.14 - Original loan receipt issued by the defendants
confirming and acknowledging the receipt of the loan
amount.
Exh.15 - Orientation loan receipt amount of Rs. 25,00,000/- issued by the defendants and duly singed by the Authorized Signatory of the defendants.
Exh.16 - Original loan receipt amount of Rs. 25,00,000/- issued by the deft. and duly singed by the authorized signatory of the defts @ a Cheque no. 100159 for Rs. 25,00,000/- dtd. 07-04-2016.
Exh.17 - Original loan receipt amount of Rs. 25,00,000/- issued by the deft. and duly singed by the authorized signatory of the defts @ a Cheque no. 99402 for Rs. 25,00,000/- dtd. 07-04-2016.
Exh.18 - Original cheque no. 99402 for Rs. 25,00,000/- dtd. 07-04-2016.
Exh.19 - Particulars of claim payable by defendants to the
plaintiff.
Exh. 20 - pursis.
Matter is adjd.to 12-02-2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv. Mr. Giri Das for plaintiff present.
None for defendant
Heard argument of plff.
F.R.S.R the following order is passed.
ORDER
1. Suit is decreed with cost against deft no.1, 3 to 7.
2. Defendants no.1, 3 to 7, jointly and severally, shall pay an amount of Rs.33,74,521/- (Rupees Thirty-three Lakhs Seventy-four Thousand Five Hundred Twenty-one Only) with interest @ 12 percentage 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: DECREED
Disposal Date: 12-02-2021