Date: 18-01-2020
Business: None present.
Issue suit summons to defendants.
Matter is Adjd for Affidavit of Service to 11.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: None present.
Matter is Adjd for Affidavit of Service to 11.03.2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: P.O. is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF 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: AFFIDAVIT OF 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: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Business: Affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 23.10.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2020
Date: 23-10-2020
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.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 10.11.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
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 04/12/ 2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 04/01/2021 for affidavit of service.
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 25.01.2021 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 17.02.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 03.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 24.03.2021 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 25.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 08.04.2019 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None present.
Matter adjd to 30.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 24.06.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 3.7.2021 for Steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: PO is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 5.00 p.m.
None present.
Matter is adjd to 31.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.36 pm
None present.
Matter adjd to 28.09.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.06 pm
None present.
Matter adjd to 29.10.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.54 pm,
Adv.Priti Tare for plaintiff present.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
The plaintiff filed service affidavit, Exh.5 a/w. RPAD packets t.o.r.
Endorsement is left, summons is unserved.
The plaintiff filed draft chamber summons a/w. affidavit in support.
O-Leave granted to register the chamber summons.
Heard the Ld.Adv.for the plaintiff on draft chamber summons. Following order is passed.
ORDER ON DRAFT CHAMBER SUMMONS
This chamber summons is taken out by the plaintiff requesting to pass order permitting the plaintiff to serve the suit summons by way of substituted service on defendant No.1 and 2 by publishing the same in the newspaper. Heard the Ld. advocate for the plaintiff. Gone through the affidavit of service Exh.5, the envelopes atttached to the service affidavits bear endorsement as left. There is no likelyhood that the defendants will be found at their addresses within reasonable time. There is no agent empowered to accept the service. Hence, on the said addresses of the defendants the service of summons can be effected by pasting in addition to the paper publication. Hence, I passed the following order.
ORDER
1. Draft chamber summons is allowed as follows -
(a) Suit summons be served on the defendants by affixing the copy thereof on the outer door or some other conspicuous part of the house where the defendants carries their business or work for the gain or resides. The suit summons shall also be served by publishing the same in the leading newspapers (one English and one Marathi) having vide circulations in the area of the addresses of the defendants.
(b) Liberty is granted to select the newspapers in terms of order clause No. (a) for effective service through paper publication.
2. Draft chamber summons is disposed off accordingly. It be registered for statistical purpose.
Matter adjd to 13.12.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: HHJ is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 14.02.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 22.03.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: P.O. is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: PO is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: None present.
KB. LO 12.51.
Adv. Priti Tare Present for Plff.
None Present for Deft.
Ex.06. adv of plff filed application for extension time for substitute service. - granted.
Adj. For service affidavit on 08/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: None present.
KB LO. 1.15.
Adv. Priti Tare Present for Plff.
Ex.06- Adv of plff filed service affidavit along with copy of newspaper regarding publication of suit summons. AS per paper publication deft no. no.1 and 2 are served with suit summons on 26/07/2022.
Bailiff report regarding the pasting of suit summons is awaited.
Adj. For Service affidavit regarding pasting of suit summons on 30/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: None present.
As per officer order No. 179 of 2022 dt. 26/08/2022 PO is busy in Online special programme on “ Speedy disposal ” for Commercial Court Judges conducted by Maharashtra Judicial Academy, Uttan Thane. Hence matter adj. To 21/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: None present.
Plff absent since long. He has not taken steps for service of suit summons on deft.
Adj. For Dismissal order on 15/10/2022.
Next Purpose: DISMISSAL
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.06 defts served with suit summons by way of newspaper publication dt.26/07/2022 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 13 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 13 are marked exhibits as under.
Exh.09- letter of authority dt. 01/07/2022.
Exh.10- Loan application form dt. 01/07/2016 duly signed by the deft.
Exh.11- Sanction letter dt. 12/09/2016.
Exh.12- Demand promissory note dt. 15/09/2016.
Exh.13- Agreement relating to term loan dt. 15/09/2016 executed by the defts.
Exh.14- Deed of hypothecation of movable plant and machinery to secure a term loan dt. 15/09/2016.
Exh.15- Demand promissory note dt. 15/09/2016.
Exh.16- Deed of hypothecation of goods to secure a demand cash credit dt. 15/09/2016.
Exh.17- Guarntor’s form dt.15/09/2016.
Exh.18- Legal notice dt. 28/01/2019 along with original postal receipt and returned packer with remark not known.
Exh.19- Statement of account of terms loan account no. 01420610002308.
Exh.20- Statement of account of cash credit account no.01420510000342.
Exh.21- Particulars of claim.
Suit is ex-parte, hence, no cross.
Exh.22- adv of plff has filed evidence closure pursis.
Heard argument adv of plff.
Exh.23- 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.10,64,319/-.
3. Defendants are jointly and severally directed to pay interest @ 9.60% p.a. on principal term loan of Rs.4,65,688/- 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