Date: 27-01-2020
Business: Fresh matter assigned to this Court.
Plaintiff and Advocate for plaintiff both are absent.
Issue writ of summons to defendants and plaintiff to file service affidavit.
Matter adjd for service affidavit on 03/04/2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: In view of heavy rainfall and disturbed travel services, upon directions of the Honourable High Court, Bombay the Hon''ble I/c. Principal Judge has been pleased to declare Holiday today i.e. 23-09-2020. Hence matter adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None present.
Today matter is for service affidavit.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for service affidavit to 19-04-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Court is vacant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: As Court is on leave, matter is adjd to 05.08.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv.Ekta Pawnikar for plaintiff present.
None present for defendant.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
Adv. of plaintiff filed application, Exh.5 to serve writ of summons t.o.r. O-Issue writ of summons.
Matter adjd to 27.08.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.15 pm
Adv.Ekta Pawnikar h/f.Adv.Manish Tiwari for plaintiff present.
The plaintiff filed application, Exh.6 for time to serve the writ of summons t.o.r. O-Time extended for service of writ of summons.
Matter adjd to 27.09.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.55 pm
Adv.Ekta Pawnikar h/f.Adv.Manish Tiwari for plaintiff present.
Report awaiting. Adjd for service affidavit on 25.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Arati Tarte present for plaintiff.
None present for defendant.
Matter adjd to 26.11.2021 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv.Tarte Arati h/f.Adv.Manish Tiwari for plaintiff present.
None present for defendant.
KB
LO at 12.58 pm,
Adv.Tarte Arati h/f.Adv.Manish Tiwari for plaintiff present.
The plaintiff adjournment application, Exh.7 t.o.r O-Time granted.
Matter adjd to 14.12.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv.Arati Tarte i/b.Manish D. Tiwari and Associates for plaintiff present.
None present for defendant.
KB for filing service affidavit.
LO at 12.33 pm,
Adv.Arati Tarte i/b.Manish D. Tiwari and Associates for plaintiff present.
The plaintiff filed service affidavit, Exh.8 t.o.r.
Matter adjd to 07.02.2022 for order against deft.
Next Purpose: ORDER
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per circular dated 27/2022 holiday declared.
Next Purpose: ORDER
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv.Tarte Arati for plaintiff present.
None present for defendant.
ORDER BELOW EXH.1
Read the service affidavit Exh.8. Acknowledgment card attached as Exh.B thereto. Suit summons is duly served on defendant No.2. He remained absent. Suit to proceed ex-parte against defendant No.2.
Read the service affidavit Exh.8 a/w. copy of postal booking receipts and tracking report. Summons through registered post is duly served on defendant No.1, hence, suit to proceed ex-parte against defendant No.1.
Matter adjd to 31.03.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv.Sonali Koyande h/f.Manish D. Tiwari and Associates for plaintiff present.
None present for defendant.
The plaintiff filed adjournment application, Exh.9 t.o.r.
O-Time granted.
Matter adjd to 19.04.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv.Sonali Koyande i/b.Manish Tiwari and Associates for plaintiff present.
None present for defendant.
The plaintiff filed adjournment application t.o.r. and marked as Exh.10.
Matter adjd to 04.05.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 21.06.2022 for evidence of plaintiff.
L.O. at 12.41 p.m.
Adv. Ms. Sonali Koyande for the plaintiff present.
Advocate for the plaintiff filed affidavit of evidence of Mr. Vinod Kumar Upadhyay. t.o.r and marked as exh.11.
Advocate for the plaintiff filed list of documents. t.o.r. and marked as exh.12.
Matter adjd to 21.06.2022 for marking of documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: None present.
KB. LO 12.30.
Adv. Sonali Koyande Present for Plff.
None Present for Deft. Ex-parte.
Heard Adv.of plaintiff on the point of exhibiting of documents. As the suit is ex-parte, no argument on behalf defendant. Documents filed with list Exh.12 which are referred in chief examination and plaint and marked exhibits as under.
Ex.13. Original of application form dt. 17.1.2017.
Ex.14. Original sanction letter dt. 02/02/2017.
Ex.15. Conveying of sanction terms and condition dt. 02/02/2017.
Ex.16. Original D. P. Note dt. 02/02/2017.
Ex.17. Letter of continuity dt. 02/02/2017.
Ex.18. Original General terms loan agreement dt. 02/02/2017.
Ex.19. Original hypothecation of vehicle agreement along with CIBIL undertaking form borrower dt. 02/02/2017.
Ex.20. Original agreement rate of interest dt. 02/02/2017.
Ex.21. Authority letter to debit monthly installment.
Ex.22. Extract of vehicle from RTO record and Peforma invoice.
Ex.23. Statement of account.
Ex.24. Particular of claim.
Ex.25(colly). Legal notice with speed post receipt and postal cards dt. 12.03.2018.
Suit is ex-parte, hence, no cross.
Adj. For Ex-parte evidence on 30/07/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: None present.
KB LO. 1.00.
Adv. Chitra Shekhavat Present for Plff.
None Present for Deft.
Adv of plff seeks time to file evidence. Granted.
Adj. For Evidence on 23/08/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: None present.
KB LO.
Adj. For Evidence on 15/09/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: None present.
Adj. For Ex-parte evidence on 03/10/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Exh.26- Registered clerk Gulam Raza A. R. Khan i/b M. D. Tiwari and Associates present and he filed application for adjournment on the ground that manager of plaintiff is on leave.- Granted.
Case adjd for exparte evidence on 31.10.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: None present.
Adj. For Ex-part Evidence on 16/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: None present.
Adj. For Ex-parte Evidence on 10/12/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: None present.
Adjourned for Further Ex-parte evidence on 10/01/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: None present.
Case adjd for dismissal order 18.02.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: Adv. Shefali Ghatwal h/f Adv. M. D. Tiwari Present for Plff.
None Present for Deft.
Exh.27- adv of plff has filed application for time to file service affidavit. Granted.
Adj. For Service affidavit on 18/03/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: Adv. Jitesh Tiwari for plff present.
None for deft. present.
Exh. 28 - Adv. of plff has filed application for adjournment. Granted.
Case adjourned for service affidavit to 29.04.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: Adv. Pooja Sahoo i/b. Manish Tiwari and Associates Present for Plff.
None Present for Deft.
It seems that the matter wrongly posted for service affidavit on 18/02/2023 as the plaintiff had filed application for time to file service affidavit. However, record shows that on 9/3/2022 learned predecessor has passed ex-parte order against defendant on the basis of service affidavit Exh.8. Thereafter plaintiff has filed chief examination of PW-1 at Exh.11 on 4/5/2022. Subsequently, on 22/7/2022 the documents marked exhibit. Thereafter, matter posted for further evidence of plaintiff.
Advocate of plaintiff seeks time for adducing further evidence. Granted as a last chance.
Case adjourned for further evidence of plaintiff to 08/06/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: Court is on leave. Hence, adjd.to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: 07.07.2023
6
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 1038/2021
None present.
KB LO at 1.20 pm.
None present.
Adjd. to 14.08.2023 for Ex-parte evidence.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: Adv. Harikesh Pandey h/f Manish Tiwari for plaintiff is present.
He orally requested for time to file further evidence.
Matter is adj for further evidence to 12.09.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: None present for plaintiff.
KB.. L.O at 03.15 p.m.
None present when called.
Matter is adj for ex-parte evidence to 29/09/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-11-2023
Date: 02-11-2023
Business: None present.
O- Matter is pending for further evidence of plaintiff since 22.07.2022 therefore, put up the matter for dismissal order.
Matter is adj. for dismissal order to 02/12/2023.
L.O at 02.50. p.m.
Adv. Pooja Sahu h/f Adv. Mahesh Tiwari for plaintiff is present and orally prayed for time for taking steps for filing further evidence. O- Time granted as prayed for.
Matter is adj. for steps to 02/12/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2023
Date: 02-12-2023
Business: Adv. P.S. Kharat for plaintiff is present and orally prayed for time to take steps. O- Granted.
Matter is adj. for steps to 17/01/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: HHJ is on leave. Hence adjd. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-02-2024
Date: 27-02-2024
Business: Coram- H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present for plaintiff.
Order below Exh-1
Matter is proceeding ex-parte. On 04.05.2022, the evidence affidavit of PW-1 was filed and on 22.07.2022 documents of plaintiff were marked and since then, the matter is pending for further evidence of plaintiff. The Ld. Advocate for plaintiff on several occasions requested for time for adducing further evidence, but till today further evidence is not adduced on behalf of plaintiff. Hence, the evidence of plaintiff is hereby closed. Put up the matter for written notes of arguments.
Matter is adj. for filing written notes of arguments to 22.03.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: Court is on half day leave in first session.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: None present.
Matter is adj. for arguments to 03/07/2024
Later on at 12.15 p.m.
Adv. Pooja Sahu for plaintiff is present and filed written notes of arguments. TOR marked as Exh. 29.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present.KB
LO at 1.25 pm
The Ld advocate appearing for plaintiff is not in proper dress code meant for the advocates therefore her appearance is not recorded.
Matter is adj. for Arguments to 24.07.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-07-2024
Date: 24-07-2024
Business: None present.
Keep back.. Later on at 01.35 p.m.
Adv. P.S. Kharat i/b Adv. Manish Tiwari and associates and and orally requested time for arguments. O-Time granted as prayed for.
Matter is adj. for arguments to 06/08/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-08-2024
Date: 06-08-2024
Business: None present.
Later on at 01.35 p.m.
Adv. Sofia Patel i/b Adv. Manish Tiwari and Associates for plaintiff is present and orally requested time for arguments. O-Time granted as prayed for.
Matter is adj. for arguments to 23/08/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-08-2024
Date: 23-08-2024
Business: Court is Vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: Court is vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-10-2024
Date: 10-10-2024
Business: Court is Vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: Court is vacant hence adj. to
Next Purpose: ARGUMENTS
Next Hearing Date: 07-02-2025
Date: 07-02-2025
Business: Parties are absent.
Adv. Pooja Sahu h/f Adv. Manish Tiwari for plaintiff is present.
None present for defendant.
Matter is adj. for arguments to 29.04.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-04-2025
Date: 29-04-2025
Business: Parties are absent.
Adv. Dhanashree Kadam present for plaintiff.
Matter is adj. for ex-parte argument to 16.07.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-07-2025
Date: 16-07-2025
Business: HHJ is on leave. Hence adj. to
Next Purpose: ARGUMENTS
Next Hearing Date: 25-09-2025
Date: 25-09-2025
Business: None Present.
Hence, Matter is adj. to 20.11.2025 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-11-2025
Date: 20-11-2025
Business: Parties are absent.
Adv. Sharada Mane present for plaintiff.
None present for defendant.
Heard ld. Adv of plaintiff.
Matter is adj. for further argument to 23.01.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-01-2026
Date: 23-01-2026
Business: PO is on leave hence adj. to
Next Purpose: ARGUMENTS
Next Hearing Date: 23-02-2026
Date: 23-02-2026
Business: None present.
KB.. Later on at
Parties are absent.
Adv. Pooja Sahu present for plaintiff.
None present for defendant.
Heard arguments of ld. Adv of plaintiff.
Exh. 30 – Judgment.
Operative part of Judgment
1. Commercial Suit No.1038 of 2021 is decreed with costs.
2. Defendants shall jointly and severally pay an amount of Rs.5,59,497/- (Rupees Five Lakh Fifty Nine Thousand Four Hundred Ninety Seven Only) to plaintiff with interest at the rate of 10.35% p.a. from the date of suit till its realization.
3. Decree be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 23-02-2026