Date: 29-11-2019
Date: 20-12-2019
Date: 03-01-2020
Date: 09-01-2020
Business: Adv. Karuna Adangale for plaintiff present.
F.R.S.R. following order is passed.
ORDER
Chamber Summons No.8 of 2020 is allowed as under-
1. Plaintiff is permitted to amend the plaint as per the schedule filed with affidavit in support of Chamber Summons.
2. The Plaintiff is directed to carry out amendment as mentioned above within 14 days from the date of this order.
3. The Plaintiff is directed to file on record amended copy of the plaint for Court record and for defendants till next date.
4. After filing amended copy of the plaint on record, it be served to the defendants on required process fee.
5. Chamber summons No.8 of 2020 stands disposed of accordingly.
Matter adjd for compliance on 21/01/2020 at 11.00 am.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Sanjay Upadhya for plaintiff present.
The Ld Adv appearing for plff seeks time to comply the order passed on CS No.08/2020 dt. 09/01/2020.
He states that plff is not available to carry out the amendment. Hence time granted till next date to comply the said the order.
Matter adjd for compliance on 01/02/2020 at 11.00 am.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Date: 14-02-2020
Date: 09-03-2020
Business: Adv. Karuna Adangle for plaintiff present.
Adv. for defendant present.
KB L.O. at 12.16 pm
Ex.02 Ld Adv for plaintiff filed affidavit of service along with original writ of summons t.o.r. O- Seen.
It is mentioned in the affidavit of service that packets containing writ of summons along with copy of plaint addressed to defendant no.1 and 2 are delivered to them. Perused acknowledgement A and B. Both acknowledgements are having signature of the receiver. Hence there is valid service of writ of summons to the defendants. They are absent. Hence suit is proceeded exparte against defendant no.1 and 2.
Matter adjd for filing exparte evidence to 21-03-2020 at 11.00 am.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for (ex-parte) evidence to 16.04.2020.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Date: 25-06-2020
Date: 13-07-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
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: 23-10-2020
Date: 23-10-2020
Date: 03-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 05.01.2021.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 19-01-2021 for Evidence (Ex-parte).
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv. Karuna Adangale for plaintiff present.
None for defendant
Exh. 3 - Evidence affidavit of PW - 1 (Mr. Manish Thakur).
Exh. 4 - List of documents.
Exh. 5 - Statement of truth.
Exh. 6 - Copy of Sanction Letter dtd. 28-09-2016.
Exh. 7 - Original Demand Promissory Note dtd. 01-12-
2016 for Rs. 6,00,000/-
Exh. 8 - Original Agreement of Hypothecation (to secure
motor trucks and other transport vehicles with spares
accessories, tools etc.) dtd. 01-12-2016.
Exh. 9 - Original Letter of General lien and set-off for
borrowing arrangements from the Borrowers dtd. 01-12-
2016.
Exh. 10 - Copy of plaintiffs adv. letter dtd. 16-03-2019.
Exh. 11 - Statement of Accounts.
Exh. 12 - Banker\''s Certificate.
Exh. 13 - Evidence close pursis.
Matter is adjd.to 22-01-2021 for argument.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 01-02-2021 for Argument (ex-parte).
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Adv. Karuna Adangale for plaintiff is present.
None for defendant.
Heard argument of Adv. Karuna Adangale for plaintiff.
F.R.S.R the following order is passed -
1. Suit is decreed with cost.
2. Defendants No. 1 and 2 shall, jointly and severally, pay an amount of Rs. 4,61,361/- (Rupees Four Lakhs Sixty-one Thousand Three Hundred Sixty One Only) with interest @ 10.35 percent p.a. from the date of suit till realization, within two months from the date of decree.
Nature Of Disposal: OTHER
Disposal Date: 01-02-2021