Date: 16-09-2019
Business: Fresh matter assigned to this Court.
None present for plaintiff.
Issue writ of summons to defendant.
Matter adjd for service affidavit on 03/10/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: None present for plaintiff.
Matter adjd for service affidavit on 02/11/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: None present for plaintiff.
Matter adjd for service affidavit on 03/12/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: None present.
Matter adjd for affidavit of service on 9.1.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv. Karuna Adangale for plaintiff present.
Ld counsel for the Plff filed Draft CS alongwith affidavit. t.o.r.
Order- Heard. Leave granted. CS be registered. Copy be served upon otherside. Service affidavit be filed.
Matter adjd for tendering registered CS alongwith affidavit and service affidavit on 20/01/2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Adv. Sanjay Upadhaye for plaintiff present.
The Ld Adv appearing for plff submits that CS alongwith affidavit are given to the board Dept for registration and it is yet to receive.
Matter adjd for tendering registered CS alongwith affidavit and affidavit of service on 27/01/2020 at 11.00 am
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Karuna Adangale for plaintiff present.
Adv. for plff tendered registered original CS No.109/2020 alongwith affidavit. TOR.
Kb.
F.R.S.R. following order is passed.
ORDER
Chamber Summons No. 109/2020 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 is disposed of accordingly.
Matter adjd for Compliance on 17/02/2020 at 11.00 am.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Kruna Adangale for plaintiff present.
None for defendant.
Ex.02 Ld adv for plff filed application for extension of time to carry out amendment. Heard plff advocate. Order passed on the application. Time granted till next date to comply the order passed in C/S no. 109/2020, dated 27-01-2020.
Matter adj. for compliance to 29-02-2020 at 11.00 am.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: None present.
KB L.O. at 12.28 pm
Adv Karuna Adangale for plaintiff present.
Issue writ of summons to defendant.
Matter adjd for affidavit service to 13-03-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. Karuna Adangale for plaintiff present.
None for defendant present.
She states that service report is awaited.
The matter is transferred to C.R. 31 as per office order no. 60/2020 dated 11-03-2020
Matter adjd for service affidavit to 20-03-2020 at 11.00 am.
Next Purpose: SERVICE
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for service to 16.04.2020.
Judge
Next Purpose: SERVICE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Business: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Business: As Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Advocate Karuna Adangale for plaintiff is present and filed affidavit of service alongwith writ of summons.
None present for defendant.
Exh.1 - Plaint.
Exh.2 - V/P of plaintiff.
Exh.3 - Memorandum of address.
Exh.4 - List of documents.
Exh.5 -Advocate for plaintiff filed affidavit of service.
Adjourned for hearing on Exh. 05 to 12.01.2021.
Next Purpose: HEARING
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Adv. Karuna Adangale for plaintiff present.
None for defendant
Matter is adjd.to 09-02-2021 for Hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv. Karuna Adangale for plaintiff present.
None for defendant
Perused service affidavit vide Exh. 5. It is duly served on defendant by RPAD. Deft. is absent. Hence, suit to proceed ex-parte.
Matter is adjd.to 17-02-2021 for hearing(ex-parte)
Next Purpose: HEARING
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv Ms. Karuna Adangale for plaintiff present.
None for defendant.
Exh.6- Statement of truth file by plff.
Exh.7- PW-1 Mr. Mahesh Singh Thakur, filed affidavit examination in chief.
Exh.8- List of documents.
Exh.9- Copy os sanction letter dtd. 05.12.2016.
Exh.10- Original demand promissory note dtd. 07.12.2016 for Rs. 4,57,000/-.
Exh.11- Original agreement of Hypothecation (to secure motor trucks and other transport vehicles with spares accessories, tools etc.) dtd. 07.12.2016.
Exh.12- Original letter of general lien and set off for borrowing arrangements from the borrowers dtd. 07.12.2016.
Exh.13- Copy of plff\''s adv. letter dtd. 19.03.2019.
Exh.14- Statement of accounts
Exh.15- Banker\''s Certificate.
Exh.16- Copy of Plff bank officer Power of attorney.
Exh.17- Pursis filed by adv. Ms. Adangale for plff.
Matter is adjd.to 24.02.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. Ms. Karuna Adangle for plaintiff present.
None for defendant.
Heard argument of adv. Ms. Adangale for plff.
Exh.18- Judgment.
Judgment dictated and pronounced in open court.
F.R.S.R the following order is passed.
ORDER
1. Suit is decreed with cost.
2. Defendant shall pay the amount of Rs.3,27,530/- (Rupees Three Lakhs Twenty Seven Thousand Five Hundred Thirty Only) with interest @ 10.30 percent p.a. from the date of suit till realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 24-02-2021