Date: 20-03-2021
Business: None present for plaintiff.
None present for defendant.
Issue suit summons to the defendant.
Matter adjd to 16.04.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 6.5.2021
Next Purpose: REPORT
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 25.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: PO is on leave.
Next Purpose: REPORT
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021. Hence, Matter is adjd to 17.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.40 pm
None present.
Matter adjd to 08.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.02 pm
None present.
Plaintiff to comply with the order dated 20.03.2021 in regard to service of suit summons.
Matter adjd to 20.11.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.11 pm,
None present.
ORDER BELOW EXH.1
The plaintiff has failed to comply with the order dated 20.03.2021 about issuance of suit summons to the defendant, hence, for want of compliance suit is liable to be dismissed, however, considering the nature of suit it appears that there are elements of settlement, hence, case is referred to lok-adalat. Issue notices to both parties for lok-adalat dated 11.12.2021 by post.
Matter adjd to 11.12.2021 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021
Date: 11-12-2021
Business: Matter pertains to C.R. No.32
Adv for plaintiff present.
None present for defendant .
Matter adjd to 10/01/2022.
Mrs. Savita Randhe Ms.Priya Laud S.P.Agarwal
Panel Member Panel Member Panel Head
Next Purpose: FOR APPERANCE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Ms. Priti Tare for plaintiff present.
None present for defendant.
Plaint.
Vakalatnama.
Memorandum of Registered Address.
List of Documents.
Advocate for Plaintiff filed affidavit of service t.o.r and marked as Exh.5.
Advocate for plaintiff tendered draft Chamber Summons along with affidavit t.o.r. Order : Leave to register Chamber Summons.
Heard the plaintiff.
Read the draft Chamber Summons. Heard the Ld. Advocate for the plaintiff. Read the endorsement on postal envelops of service of suit summons. Summons cannot be served by ordinary mode. Hence, allowed to serve suit summons by paper publication in leading news papers and by pasting.
Draft Chamber Summons is disposed off accordingly. It be registered for statistical purpose.
Matter adjd to 25.02.2022 for Service Affidavit of Ch/S.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: None present for plaintiff.
None present for defendant.
Considering the nature of the suit, suit is referred to lokadalat. Issue notice to both parties.
Matter adjd to 12.03.2022 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022
Date: 12-03-2022
Business: Matter pertaining to C.R. No. 32
None present.
Matter Adjd to 04/05/2022.
Next Purpose: FOR___________________
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv. Mrs. Priti Tare present for plaintiff.
None present for defendant.
Plaintiff filed application for extension of time for service of suit summons. t.o.r and marked as exh.6. O- Time is extended.
Matter adjd to 06.07.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: None present.
KB. LO 12.51.
Adv. Priti Tare Present for Plff.
None Present for Deft.
Ex.07- Adv of plff filed application for extension time for substitute service of summons. - granted.
Adj. For Service affidavit on 08/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: None present.
KB. LO 1.15.
Adv. Priti Tare Present for Plff.
Ex.8- Adv of plff filed service affidavit along with copy of newspaper regarding publication of suit summons. AS per paper publication deft no. 1 and 2 are served with suit summons on 30/07/2022.
Adj. For Order against deft on 12/09/2022.
Next Purpose: ORDER
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: None present.
KB. LO 12.55.
Adv. Priti Tare Present for Plff.
None Present for Deft.
Service report is awaited.
Adj. For Service affidavit on 06/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv. Priti Tare Present for Plff.
None Present for Deft.
Pasting report awaited.
Adj. For Service affidavit on 04/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Adv. Priti Tare Present for Plff.
None Present for Deft.
Ex.09 – As per bailiff report Ex.09 suit summons served to deft by way of pasting on 04/02/2022. However deft did not appear, so alos suit summons published in Newspaper Free press journal and Navshakati dt.30/07/2022. Hence suit be proceeded Ex-parte against deft.
Adj. For Ex-parte Evidence on 29/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: None present for both the parties.
KB
LO at 1.10 p.m.
Adv. Smt. Priti Tare for plaintiff present.
Exh.10 Chief examination of PW-1 Utsav Anand Sah.
PW-1 present. Oath given to the PW-1.
Exh.11 Documents with list filed by plaintiff.
Documents filed with list Exh.11 are the same documents which photocopies were filed with plaint except document at serial No.1. The document at serial No.1 is authority letter dtd.1/7/2022. At the time of filing plaint the said documents was not in existence. Said document is the authority letter given by plaintiff bank to PW-1. These documents are referred in chief examination and plaint. Hence, original documents filed with list Exh.11 are marked as exhibit as under.
Exh.12 letter of authority dtd.1/7/2022.
Exh.13 Loan application form dtd.31/01/2017.
Exh.14 Sanction letter dtd.31/1/2017
Exh.15 Demand Promissory note dtd.31/1/2017.
Exh.16 Term loan agreement dtd.31/1/2017.
Exh.17 Demand notice dtd.8/1/2019 alongwith postal receipt and RPAD envelope.
Exh.18 Statement of account
Exh.19 certificate of claim.
As the defendant is absent, case proceeded ex-parte against him and hence no cross-examination
Exh.20 Evidence closure pursis filed by plaintiff.
FRSR following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendants are jointly and severally directed to pay to plaintiff the amount of Rs.10,83,278/-.
3. Defendants are jointly and severally directed to pay interest @ 9.70% p.a. on principle sum of Rs.5 Lakh from the date of suit till realization of the said amount.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 29-11-2022