Date: 05-02-2019
Business: None present for the plff.
Issue fresh writ of summons against deft.
Adj. For Affidavit of service of Writ of summons on 15/04/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Adv. Mohit Rajpurohit Present for the Plff.
Service report awaited.
Adj. for Service affidavit on 20/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Adv. Rajpurohit for plaintiff present.
Exh.2 Service affidavit filed by plaintiff. TOR. As per annexed postal acknowledgement defendant is duly served. None appeared for defendant. Suit to proceed exparte.
Matter adjd for exparte R/E on 05/11/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: None present for plaintiff.
Suit proceeded exparte.
Matter adjd for exparte R/E on 22/01/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Sarita Sonawane for plaintiff present.
Suit is already proceeded ex party.
The Ld. Advocate for plaintiff seeks time to lead evidence. Time granted till next date.
Matter adjd for evidence of plaintiff to 18.03.2020 at 11.00 am.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: None present.
As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Matter adjd for ex-parte evidence on 15/07/2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Adv. Sarita Sonawane for plaintiff present.
None for defendant.
Today matter is for exparte evidence.
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 exparte evidence to 20-04-2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021. Hence, Matter is adjd to 10.08.2021 for ex-parte hearing.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: None present.
The matter is adjd for ex-parte evidence to 15.09.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: None present.
The matter is adjd for ex-parte evidence to 12.10.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. Nilesh Bhole for plaintiff present. He sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 12.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv. Savita Sonawane for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 08.12.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: P.O is on Leave,
Matter Adjd
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Sarita Sonawane for plaintiff present.
Exh.3 - Adv. For plaintiff filed evidence affidavit of PW-1 Amit Ghugare. T.O.R.
Exh.4 - List of documents. T.O.R.
The matter is adjd for verification of evidence affidavit to 21.01.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: None present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for Ex-Parte Evidence to 17.02.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: None present.
The matter is adjd for verification of evidence affidavit to 16.03.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Sonawane for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 28.03.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: None present.
The matter is adjd for ex-parte evidence to 29.04.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: None present.
The matter is adjd for ex-parte evidence to 17.06.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: None present.
The matter is adjd for ex-parte evidence to 07.07.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Sarita Sonawane for plaintiff present.
Witness appeared before the Court through VC. Contents in the affidavit are verified, read and recorded.
From the evidence of PW-1 Amit Ghugare, following documents are proved, therefore, they are exhibited.
Exh.5 and 6 - Loan application.
Exh.7 - Sanction letter.
Exh.8 - Receipt of vehicle.
Exh.9 - Tax invoice.
Exh.10 - Debit note.
Exh.11 - Insurance certificate.
Exh.12 - Copy of shop and Establishment license.
Exh.13 - Letter evidencing execution of documents.
Exh.14 - Hypothecation agreement.
Exh.15 and 16 - Copies of notices to defendant.
Exh.17 colly. - Copy of legal notice along with tracking report.
Exh.18 - Adv. For plaintiff filed evidence closing pursis. T.O.R.
The matter is adjd for arguments to 11.07.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Sarita Sonawane for plaintiff present.
Heard arguments of Adv. For plaintiff.
K.B.
L.O. at 05.00 pm.
Exh.19 - Judgement.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.964 of 2021 is decreed with costs.
2. Defendant shall pay an amount of Rs.6,10,541/- (Rupees Six Lacs Ten Thousand Five Hundred and Forty One only) along with interest @ 11.70percent p.a. to plaintiff from the date of the suit till its realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
4. Decree thus follow.
Nature Of Disposal: DECREED
Disposal Date: 11-07-2022
