Date: 19-08-2019
Business: Nobody present.
Plaintiff absent when called at 3.00 pm
Nobody on behalf of plaintiff present.
Kb for some time.
Adjd for directions to 30/09/2019
Next Purpose: DIRECTIONS
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Adv. for plaintiff present.
Adv. for plaintiff filed draft chamber summons along with affidavit in support.
FRSR the following order is passed in unregistered chamber summons in Commercial suit No. 58/19
ORDER in unregistered Chamber summons.
1. The Chamber summons is made absolute as per prayer (a).
2. The plaintiff to carryout necessary amendment within the period of limitation.
3. Accordingly Chamber summons is disposed of.
4. The chamber summons be registered for statistical purpose.
Adjd for taking steps to 25/11/2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. for Plaintiff K. V. Adangale present.
Adv. Plaintiff filed Orig. Ch/S 1950/19 for taken on board and Applicant for extension of time for amendment for taken on board. Time extended to carryout amendment as last chance. Adv. for plaintiff draft S/J. live is granted for register S/J.
Adjd. for hearing to 19/12/2019.
Next Purpose: HEARING
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. for plaintiff present.
O- Time extended to serve writ of summons to defendant for last chance.
Adjd for hearing to 28.01.2020
Next Purpose: HEARING
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Nobody present when called at 11.00 am
kb
later on at 11.45 am
Adv. for plaintiff present and filed affidavit of service. t.o.r.
The defendants are not served.
The plaintiff to take steps to serve the defendant.
Adjd for taking steps to 20/02/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Adv. for plaintiff present.
Adv. for plaintiff is seeking time for steps. Granted as last chance.
Adjd for taking steps to 05/03/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Nobody present when called at 11.00 am
kb
L.O. in afternoon session.
Adv. Karuna Adangak for plaintiff present and filed draft Chamber summons. O- Perused chamber summons supported by affidavit. The report of writ of summons shows that the defendant has left the address shown in title. The affidavit in support of chamber summons does not disclose that the address stated in title is the only lat known address. Hence plaintiff bank to submit the new address if known else file the affidavit in that respect.
ORDER passed in Draft chamber summons.
Leave granted to register chamber summons.
Adjd for compliance to 02/04/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 04-07-2020
Date: 04-07-2020
Business: Lockdown due to COVID-19
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Business: National Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Business: National Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for compliance to 27/10/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Advocate Sanjay Upadhyay for plaintiff is present and requested short adjournment for steps for service. Request is allowed.
None present for defendant.
Adjourned for steps for service to 08.01.2021.
Next Purpose: SERVICE
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Both parties and their advocates are absent when called out.
Plaintiff to obtain steps for service of summons.
Matter is adjd.to 27-01-2021 for steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv. Sanjay Upadhyay for plaintiff , prayed for extension to register draft C/S tendered on 05-03-2020 - Granted.
None for defendant
Matter is adjd.to 15-02-2021 for Steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv Ms. Karuna Adangle for plaintiff, tendered registered Ch/s no. 239/20.
O- Heard adv. Ms. Adangle for plff, perused postal endorsement on RPAD envelop on both address, it is \''Left\''. Hence, summons by publication in two news papers as prayed is allowed. Plff to deposit the charges, directly to the office of news paper. Ch/s no. 239/20 is allowed and disposed off.
None for defendant.
Matter is adjd.to 05.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv. Mr. Sanjay Upadhyay for plaintiff, submitted application for extension of summons by publication- Granted.
None for defendant.
Matter is adjd.to 28.06.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: None for plaintiff.
On perusal of record it appears that it appears that My Ld. Predecessor had already given last chance to serve writ of summons to the deft. as mentioned in the roznama dtd. 19-12-2019, but the Plaintiff failed to place on record affidavit of service. Hence, the plaintiff is directed to issue writ of summons to the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd.to 08-10 -2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Sanjay Upadhyay present and filed application for extension of time for paper publication t.o.r. - allowed time is extended accordingly.
Matter is adjd.to 07-12 -2021 for paper publication.
Next Purpose: FOR___________________
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv. Sanjay Upadhyay for plaintiff present
Matter is adjd.to 10-01-2022 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Sanjay Upadhyay for plaintiff present and filed affidavit of service with original writ of summons and copies of news papers Free Press Journal and Navshakti t.o.r. and marked as Exh.2
Matter is adjd.to 23-02-2022 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv. Sanjay Upadhyay for plaintiff present.
None for defendants.
On perusal of record, it appears that writ of summons was served upon the defendants through paper publication as per affidavit of service Exh. 2, but they failed to appear. Hence, suit to proceed ex parte against the defendants.
Matter is adjd.to 23-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv. Sanjay Upadhyay for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 06-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. Karuna Adangale for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 16-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: None for plaintiff.
Matter is adjd.to 14-06-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: None present when called
Matter adjd to 26/07/2022 for Ex-Parte Evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Karuna Adangale for plaintiff present.
Witness of plaintiff Mr Thakur Manish Singh present.
Exh-3 Statement of truth filed by adv. for plaintiff.
Exh-4 Affidavit of evidence of Thakur Manish Singh filed by adv. for plaintiff
Exh- 5 List of documents filed by plaintiff.
Exh-6 Copy of Sanction letter dt. 21.10.2016
Exh-7 Original demand promissory note dt. 25.10.2015 for Rs. 488000
Exh-8 Original Agreement of Hypothecation dt. 25.10.2016
Exh-9 Original letter of General Lein and set off for borrowing arrangements from the borrowers dt. 25.10.2016
Exh-10 Copy of plaintiff’s advocate letter dt. 16.03.2019
Exh-11 Statement of Accounts
Exh-12 Bankers Certificate.
Exh-13 Power of attorney
Exh-14 Evidence closing pursis filed by adv. for plaintiff.
Heard arguments of adv. for plaintiff.
Adjd for exparte judgment to 29/07/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: None for plaintiff.
None for defendant.
Court pronounced judgment in open court.
Exh-15 Judgment
FRSR the following order is passed.
ORDER
1. Commercial Suit No. 58 of 2019 is decreed with costs.
2. The defendants jointly and severally shall pay to the plaintiff bank an amount of Rs.4,08,129.52ps (Rs. Four Lakh Eight Thousand One Hundred Twenty Nine and Fifty Two Paise only) along with future interest at the rate of 11 percent per annum from the date of filing of the suit till realization.
3. The defendants shall bear the cost of the suit.
4. Court fee, if any, be refunded to the plaintiff as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 29-07-2022