Date: 27-11-2018
Business: Adv. Tanuja Rane for pltff present.
Adv. for deft. absent.
Issue writ of summons.
Matter adjd to 4.2.2019 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-02-2019
Date: 04-02-2019
Business: Adv. Ekta Pownekar for pltff present.
Adv. for deft. absent.
Matter adjd to 4.4.2019 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Business: Adv. Ms. Ekta Paunikar for Plaintiff present.
Adv. for Defendant present.
Exh.1- Plaint.
Exh.2 Vakalatnama.
Exh.3- Address Memo.
Exh.4- List of documents.
Exh.5- Application filed by plff for extension of time for writ of summons.- Granted.
Matter is adjd.for writ of summons on 19.07.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv. Ms. Ekta for Plaintiff present, subitted application for time to file writ of summons.
None for Defendant.
Matter is adjd. for Writ of summons 14/02/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Advocate Ms. Akata for plaintiff is present and filed application at Exh. 07 for extension of time to serve writ of summons. O-Allowed.
None present for defendant.
Adjourned for writ of summons to 13.03.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Advocate for plaintiff is present.
Adv. for Plff filed application for extension of time for service of summons.
O. - Request is allowed.
Adjourned for writ of summons to 3/4/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Business: National Lockdown
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Business: National Lockdown
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for writ of summons to 02.12.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Advocate Ms. Akata for plaintiff is present.
None present for defendant.
Adjourned for writ of summons to 13.01.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv. Ekta Ponikar for plaintiff present.
None for defendant
Exh. 8 - application submitted by plaintiff for issuance of fresh summons - allowed.
Matter is adjd.to 26-03-2021 for writ of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 18.06.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Court is on Leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Both the parties absent when called out.
Matter is adjd.to 23-08-2021 for Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv. Ekta Pahunikar for plaintiff present and filed application for extension of time for service of writ of summons t.o.r. - allowed.
Matter is adjd.to 27-09-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv. Ekta Pawnikar for plaintiff present and application for extension of time for service writ of summons. t.o.r. and allowed as prayed.
Matter is adjd.to 15-11-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv. Aarti Tarte for plaintiff present and filed application for extension of time for service of writ of summons t.o.r. - Time is extended for service of writ of summons.
Matter is adjd.to 03-12-2021 for writ of sumons..
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Aarti Karte for plaintiff present and filed application for extension of time for serve the writ of summons to deft. t.o.r. - Allowed as prayed. Time is extended for service of writ of summons upon the defendants.
Matter is adjd.to 14-01-2022 for writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None for plaintiff.
Matter is adjd.to 08-02-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Adv. Ms. Aarti Tarte for plaintiff present and prayed for adjournment to file aff/service. – short date be given.
Matter is adjd.to 16-03-2022 for aff/service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Arati Tarte for plaintiff present and filed affidavit of service with original writ of summons and two track reports t.o.r. and marked as Exh.9
Matter is adjd.to 06-04-2022 for ex parte order
Next Purpose: ORDER
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. Sonali Koyande for plaintiff present.
None for defendants no. 1 and 2 .
On perusal of record, it appears that writ of summons was sent to defendants no. 1 and 2 through RPAD and it was duly served as per track report annexed with affidavit of service Exh. 9. Defendants no. 1 and 2 failed to appear. Hence, suit to proceed ex parte against defendants no. 1 and 2.
Matter is adjd.to 28-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv. Sonali Koyande for plaintiff along with witness Vikas Khanna present and filed evidence affidavit of witness Vikas Khanna t.o.r. and marked as Exh.10
He also filed list of documents t.o.r. and marked as Exh. 11
Oath is administered to witness Vikas Khanna . He stated on Oath that evidence affidavit Exh.10 bears his signature and contents therein are correct. He also proved documents filed with list Exh.11 and they are Exhibited as under -
Exh. 12 - Application form.
Exh. 13 - Sanctioned letter.
Exh. 14 - letter of continuity
Exh. 15 - General term loan agreement.
Exh. 16 - Letter of not to alienate hypothecated good.
Exh. 17 - Original composite deed.
Exh. 18 - Original agreement of rate of interest.
Exh. 19 - Details of hypothecation of hospital equipements.
Exh. 20 - Particulars of claim.
Exh. 21 - statement of account.
Exh. 22 colly - Legal notice with speed post receipts and postal cards.
Exh. 23 - authority letter
Exh. 24 - Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 05-05-2022 for ex parte argument.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv. Vyankatesh Mishra i/b Manish Tiwari for plaintiff present and prayed for adjournment short date be given.
Matter is adjd.to 04-07-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: None present when called.
After perusal of roznama, evidence closing pursis is filed on previous date. Hence matter be kept for exparte arguments.
Kb L. O
Adv. Mr. Vyenkatesh Mishra for plaintiff present.
Heard arguments of adv. Mr. V. Mishra for plaintiff.
Adjd for exparte judgment to 06/07/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. Pooja Saho h/f Adv. Vyenkatesh Mishra for plaintiff present.
Court pronounced judgment in open court.
Exh- 25 Judgment
FRSR the following order is passed
ORDER
1. Commercial Suit No. 225 of 2021 is decreed with costs.
2. The defendants are directed to pay an amount of Rs.9,65,789/- (Rs. Nine Lacs Sixty Five Thousand Seven Hundred and Eighty Nine Only) to the plaintiff bank within three months from the date of decree.
3. The defendants are further directed to pay interest at the rate of 11.15 percent per annum on the principal amount of Rs.9,65,789/- from the date of the suit till realization.
4. Defendants shall bear the costs of the suit.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 06-07-2022