Date: 18-07-2019
Business: Fresh matter assigned to this Court.
Adv. Anita Murgude for plaintiff present.
On the request of Ld. Counsel of plaintiff time is granted to take necessary steps.
Matter adjd for steps on 16/08/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: H.H.J. is on Leave
Next Purpose: DIRECTIONS
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: Representative of plaintiff present.
Plaintiff tendered original writ of summons. TOR.
Exh.2 Service affidavit filed by plaintiff. TOR.
There is no service of writ of summons on defendant. Plaintiff to take necessary steps for service of writ of summons on defendant. Matter adjd for service affidavit on 05/10/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Adv. A.W. Barve for plaintiff present.
Ld. counsel for plaintiff filed draft CS a/w affidavit. TOR.
ORDER This CS is filed for amendment in title clause because of amalgamation of scheme of financial institution. The copy of gazette shows that by way of merger plaintiff Dena Bank merged with Bank of Baroda. Accordingly CS is made absolute in terms of prayer clause (a). CS be registered for statistical purpose. Plaintiff to place amended plaint on record and to take steps for service of writ of summons on defendant.
Matter adjd for service affidavit and registered CS on 15/11/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: H.H.J. is on Leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: None present for plaintiff.
Matter adjd for service affidavit on 13/01/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: None present.
Matter adjd for service affidavit on 31/01/2020 at 11.00 am
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: None present.
Matter adjd for service affidavit to 04-02-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: None present.
Matter adjd for service affidavit to 24-02-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Barve for plaintiff present.
None for defendant.
Ld adv for plaintiff tendered registered disposed of Chamber summons no. 1820 of 2019 along with affidavit t.o.r.
Ex.3 Ld Adv for plaintiff filed copy of amendment plaint t.o.r.
O- Seen
Ex.04 Ld Adv for plaintiff filed service affidavit of amended plaint t.o.r. O- seen.
KB. L.O. at 4.40 pm
Perused affidavit of service Ex.02. It is mentioned therein that Board Department on 01-08-2019, of the City Civil Court, Mumbai dispatched packets containing the duplicate copy of the writ of summons addressed to the defendant nos. 1 and 2. The Board Department received returned packets on 13-08-2019 with remark - not claimed. Perused affidavit of service of amended copy of plaint Ex.04 to defendant nos. 1 and 2. It is mentioned therein that plaintiff sent copy of amended plaint to both defendants in packet addressing to the defendant nos. 1 and 2. The said packets returned with endorsement intimation posted. Perused order of 5 of CPC. I am of the opinion that endorsement intimation posted and not claimed are not valid service of writ of summons to both defendants. Therefore, plaintiff to take steps to serve writ of summons to both defendant.
Matter adjd for service step to 11-03-2020 at 11.00 am.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Adv. Kanchan Lele for plaintiff present.
None for defendant present.
Adv. for plaintiff filed draft C/S along with affidavit. O. Heard plaintiff advocate. Leave granted to register C/S.
Matter adjd for tendering registered C/S along with affidavit to 18-03-2020 at 11.00 am.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Adv for plff is present and requested time for taking steps. Request is allowed.
None for defendant.
Adjourned for steps to 8.4.2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lockdown due to Covid 19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for service of writ of summons/steps to 07.11.2020.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Advocate for plaintiff is present and filed registered C/S No. 496/20, taken on record and marked as Exh. 05.
Order on Exh. 05 (C/S No. 496/20)
Allowed. Issue writ of summons to the defendant as prayed for.
Adjourned for compliance to 08.02.2021.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv. Ms. A.W. Barve for plaintiff present.
None for defendant.
Exh.6- Application submitted by plf.f for extension of time for service of summons by publication- Allowed.
Matter is adjd.to 14.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv. Ms. A.W. Barve for plaintiff present and filed pursis for extension of time for publication of summons. T.O.R. - Seen.
Matter is adjd.to 22.10.2021 for substituted service by paper
publication.
Next Purpose: SERVICE
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv. A. W. Barve for plaintiff present and submitted that short date may be given for filing affidavit of service. - Short date be given in the matter.
Matter is adjd.to 09-11 -2021 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv. A. W. Barve for plaintiff present and filed affidavit of service with copies of paper publication of writ of summons in two news papers t.o.r. and marked as Exh. 7
None for defendant
Matter is adjd.to 14-12-2021 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Adv. A. W. Barve for plaintiff present.
On perusal of record, it appears that writ of summons was published in English and Marathi news papers as per copies annexed with affidavit of service Exh. 7 and substituted service was effected. Defendants No. 1 and 2 failed to appear. Hence, suit to proceed ex parte against defendants no. 1 and 2.
Matter is adjd.to 31-01-2022 for ex parte R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: None for plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Date: 01-03-2022
Business: Adv. A. W. Barve for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 15-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv. A. W. Barve for plaintiff along with witness Shwetambari Kiran Lad present and filed evidence affidavit of witness Shwetambari Kiran Lad t.o.r. and marked as Exh.8
She also filed list of documents t.o.r. and marked as Exh.9
Oath is administered to witness Shwetambari Kiran Lad . She stated on Oath that evidence affidavit Exh. 8 bears her signature and contents therein are correct. She also proved documents filed with list Exh.9 and they are Exhibited as under -
Exh. 10 -application for term loan dtd. 20-10-2016.
Exh. 11 - Registration certificate of establishment firm namely M/s Sai Tours and travels.
Exh. 12 - Proforma invoice no. 1062 dtd. 20-10-2016.
Exh. 13 - Sanction letter dtd. 01-11-2016.
Exh. 14 - demand promissory note dtd. 06-10-2016.
Exh. 15 - Agreement of hypothecation dtd. 06-10-2016.
Exh. 16 - Letter of lien
Exh. 17 - Authority to debit loan installments of vehicle from account no. 013010025488.
Exh. 18 - Undertaking of the defendant dtd. 01-11-2016.
Exh. 19 - Post inspection report
Exh. 20 - Receipt dtd. 05-11-2016.
Exh. 21 - Tax invoice dtd. 07-11-2016.
Exh. 22 - Copy of certificate of registration dtd. 28-11-2016.
Exh. 23 - Copy of receipt dtd. 25-01-2017.
Exh. 24 - Notice dtd. 26-12-2017.
Exh. 25 - Notice dtd. 20-02-2018.
Exh. 26 - Notice dtd. 14-03-2018.
Exh. 27 - Notice dtd. 23-03-2018.
Exh. 28 - Particulars of claim
Exh. 29 - Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 25-03-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv. A. W. Barve for plaintiff present.
Heard Ld. Adv. A. W. Barve for plaintiff.
Exh.30 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 31/2019 is partly decreed.
2. Defendants no. 1 and 2 are directed to pay amount of Rs.4,66,091.58/- (Rupees Four Lakhs Sixty-six Thousand Ninety-one and Paise Fifty-eight Only )to the plaintiff with interest @11 percent p.a. with monthly rest from the date of the suit till the date of realization within three months from the date of decree.
3. Defendants no. 1 and 2 shall bear the costs of the suit.
4. Defendants no. 1 and 2 shall be jointly and severally liable to pay decretal amount to the plaintiff.
5. Decree be drawn up accordingly.
Nature Of Disposal: OTHER
Disposal Date: 25-03-2022