Date: 13-01-2020
Business: P.O. is on Leave
Next Purpose: DIRECTIONS
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: None present.
Issue summons to defendants returnable on 11.03.2020.
Matter is Adjd for Service to 11.03.2020.
Next Purpose: SERVICE
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: P.O. is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: SERVICE
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: Wrongly shown on today\''s board.
Matter adjd to 21.08.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020
Matter adjd to 20/10/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.136/2020 dtd.30/9/2020 of this Court.
Matter adjd to 11/11/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 05.12.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: None for plaintiff. None for defendant.
Matter adjd to 07/01/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 28.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 22.02.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv.Priti Tare for plaintiff present.
None present for defendant.
Affidavit of service of summons, Exh.2 filed by Adv. of plaintiff t.o.r.
O-The summons were returned back with remark \"LEFT\". The defendant not served vide Exh.2.
Adv. of plaintiff filed application, Exh.3 for substitute service of writ of summons by way of publication under order V Rule XX of CPC t.o.r.
Ld. adv. seeks permission of this Court for substitute service of summons by publication in local newspapers \''Navshakti\'' (Marathi edition) and \''Free Press Journal\'' (English edition) in view of the circumstances stated in the affidavit service of summons Exh.2.
Issue summons as prayed.
Matter adjd to 17.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 07.04.2021 for awaiting service report.
Next Purpose: REPORT
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 04.05.2021 for await service report.
Next Purpose: REPORT
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 26.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: As Court is on leave, matter is adjd to 06.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.55 pm
None present.
Matter adjd to 18.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.25 pm
None present.
KB
LO at 03.50 pm
None present.
Matter adjd to 08.10.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.10 pm
None present.
ORDER
The plaintiff was required to file service affidavit in respect to summons issued vide order dated 22.02.2021. Since, thereafter on 17.03.2021, 07.04.2021, 04.05.2021, 28.06.2021, 06.07.2021, 06.08.2021, 26.08.2021, 18.09.2021, the plaintiff failed to file the service affidavit,hence, suit is kept for passing order of dismissal.
Matter adjd to 25.10.2021 for passing order of dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Preeti Tare present for plaintiff.
None present for defendant.
KB for adjournment application.
LO at 12.27 p.m.
Plaintiff filed adjournment application. O- Time granted.
Matter adjd to 03.12.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Po is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv.Priti Tare for plaintiff present.
None present for defendant.
Plaintiff tendered service affidavit, Exh.5 a/w. paper publication and original summons t.o.r.
O-Read the service affidavit, Exh.2 and Exh.5. The summons issued by RPAD is returned as unserved with remark \''left\''. Thereafter, the suit summons was issued by paper publication. The defendants address is at Dharavi, Mumbai. Hence, issue suit summons through bailiff with direction of pasting.
Matter adjd to 29.01.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 22.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: None present for plaintiff.
None present for defendant.
As service affidavit is not filed, keep for order.
Matter adjd to 23.03.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: HHJ ON LEAVE.
Next Purpose: ORDER
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: PO is on leave
Next Purpose: ORDER
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: None present.
KB. LO 1.00pm
Adv. Priti Tare Present for Plff.
Ex.06 - adv of plff filed application for extension of time to serve the writ of summons by way of substitute service. - Granted.
Adj. For Service affidavit on 29/07/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: None present.
KB LO 1.00.
Adv. Priti Tare Present for Plff.
None Present for Deft.
Adj. For Service affidavit of pasting on 06/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Adv. Priti Tare Present for Plff and seeks time to file service affidavit. Granted.
None Present for Deft.
Adj. For Service affidavit on 29/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Adv. Priti Tare Present for Plff.
None Present for Deft.
As per service affidavit Ex.05 suit summons published in Newspaper- Free press journal and Navshakati on 23/11/2021.
Adv of plff seeks time for filing service affidavit in respect of pasting. Granted.
Adj. For Service affidavit on 15/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: Adv. Priti Tare present for the plff.
None present for the deft.
Service report regarding pasting of suit summons on the door of deft through Bailiff is awaited.
Adj. For Service affidavit on 14/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Adv. Priti Tare Present for Plff.
None Present for Deft.
As per service affidavit Ex.05 defts served with suit summons by way of newspaper publication dt.23/11/2021 but till today they did not appear. Hence suit be proceeded Ex-parte against them.
Adj. For Ex-parte evidence on 07/12/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Adv. Priti Tare Present for Plff.
None Present for Deft.
Exh.07. Adv of plff has filed chief examination of PW-1
PW-1 present. Oath given to witness.
Adv of plff seeks time to file original document. Granted.
Adj. For Filing list of document on 19/01/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: Adv. Priti Tare Present for Plff.
None Present for Deft.
Exh.08- adv of plff has filed document with list.
The document at sr.no. 2 to 12 are the same documents which were filed by plff with plaint. The document at sr.no.1 is authority letter dt. 01/07/2022. the said document was not in existence at the time of filing suit. It is authority letter pertaining to the PW-1. Photocopy of the said document is verified from its original Hence it can be taken on record. Therefore documents at sr.no.1 to 12 are marked exhibits as under.
Exh.09- letter of authority dt. 01/07/2022.
Exh.10- Loan application form dt. 26/072016 duly signed by the deft.
Exh.11- Sanction letter dt. 20/07/2016.
Exh.12- Demand promissory note dt. 25/08/2016.
Exh.13- Agreement relating to term loan dt. 25/08/2016 executed by the defts.
Exh.14- Deed of hypothecation of movable plant and machinery to secure a term loan dt. 25/08/2016.
Exh.15- Deed of hypothecation of goods to secure a demand cash credit dt. 25/08/2016.
Exh.16- Guarntor’s form dt.25/08/2016.
Exh.17- Legal notice dt. 28/01/2019 along with original postal receipt and returned packer with remark not known.
Exh.18- Statement of account of terms loan account no. 01420610002278.
Exh.19- Statement of account of cash credit account no.01420510000335.
Exh.20- Particulars of claim.
Suit is ex-parte, hence, no cross.
Exh.21- adv of plff has filed evidence closure pursis.
Heard argument adv of plff.
Exh.22- Judgment.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendants are jointly and severally directed to pay to plaintiff the amount of Rs.11,07,877/-.
3. Defendants are jointly and severally directed to pay interest @ 11.60% p.a. on principal term loan of Rs.4,87,189/- and principal cash credit sum of Rs.5,00,000/- from the date of suit till realization of the said amount.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 19-01-2023