Date: 23-07-2018
Business: Exh-2 Adv. Putran for plaintiff filed application extension time for writ of summons.
O-Allowed.
Matter is adj for directions on 19/11/18.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Business: Adv. Putran for plaintiff present.
Defendant and advocate absent.
Exh-1 Plaint
Exh-2 Vakalatnama
Exh-3 Memorandum of register address
Exh-4 List of documents.
Exh-5 (Colly) Adv. Putran for plaintiff tendered application for fresh writ of summons.
O-Granted.
Matter is adj for filing service report on 07/02/19.
Next Purpose: SERVICE
Next Hearing Date: 07-02-2019
Date: 07-02-2019
Business: Exh- Adv. Amrin Vora for plaintiff tendered service affidavit along with writ of summons with A/D receipt.
Inspite of service failed to appear before the court, hence suit proceeded ex-parte against defendant.
Matter adj for ex-parte evidence on 30/04/19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Adv.Jyostna Putran for plaintiff present.
Defendant Ex-parte
Matter adj for ex-parte evidence on 18/07/19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-07-2019
Date: 18-07-2019
Business: Matter called out (12.54pm)
Exh-7 and 8 Adv.Jyostna Puthran for plaintiff evidence on affidavit alongwith list of document.
Defendant already proceeded ex-parte.
Matter adj for ex-parte evidence on 26/09/19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Siroj Sule for plaintiff present.
Adv. for defendant absent.
Matter adjd to 26.03.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: As the Court is on leave Board is discharged and the matter stands adjd. to 26/10/20
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: 26.10.2020
16
Coram: H. H. J.SHRI. M.A.BHOSALE Judge, (C.R.NO. 32)
Commercial Suit No.169/2020
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 2/11/2020 for exparte evidence.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-11-2020
Date: 02-11-2020
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 10/11/2020 for recording evidence. P.H.
Next Purpose: EX-PARTE EVIDENCE
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 03/12/2020 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: None for plff.
None for def.
Matter adjd to 11/12/2020 for ex-party evidence.
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Adv Sule for plaintiff present.
None for defendant.
Considering the situation of pandemic one opportunity is granted to the plff to file statement of truth. Plff is directed to file statement of truth on next date.
Adjd to 21/12/2020 for evidence/order.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 11.01.2021 for Ex-party evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv.Sivoj Sule h/f.Adv.Joshna Putran for plaintiff present.
None for defendant.
Adv.of plaintiff filed adjournment application, Exh.9 t.o.r.
O-Granted.
Matter adjd to 22.01.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Plaintiff absent.
Defendant absent.
Adv. Aanu Naik for plaintiff present.
Adv. for defendant absent.
Adv. for plaintiff tender application for adjournment. t.o.r.
O. Time granted.
Matter adjd to 09-02-2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Reverting suit to original Court on 20.03.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Matter taken on board by Court.
In view of notesheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment.
Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit.
None present for both the sides.
Matter adjd to 26.03.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv.Jyotsna Puthran for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application, Exh.11 for substitution of the new manager t.o.r. O-allowed.
Matter adjd to 16.04.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 26.04.2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 17.06.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 30/06/2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 16.07.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: HHJ is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: As Court is on leave, matter is adjd to 17.08.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv.Putran i/b.Sanjeev Khanchan and Co. for plaintiff present.
None present for defendant.
Matter adjd to 08.09.2021 for filing statement of truth/marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Adv.Putran i/b.M/s.Sanjeev Khanchan and Co. for plaintiff present.
None present for defendant.
The plaintiff tendered statement of truth, Exh.12 t.o.r.
The plaintiff filed an application to produce the documents, Exh.13 a/w. list of documents t.o.r. O-Permission granted to produce the documents.
List of documents exhibited as Exh.14.
The plaintiff submits that PW-1 has been transferred and not available. Plaintiff wants to file affidavit of evidence of the present representative of the plaintiffs bank.
Matter adjd to 14.10.2021 for filing affidavit of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv.S.B.Sule i/b.M/S.Sanjeev Kanchan and Co. for plaintiff present.
None present for defendant.
KB
LO at 01.10 pm,
Adv.Jyotsna Puthran i/b.M/S.Sanjeev Kanchan and Co. for plaintiff present.
Adv. of plaintiff tendered affidavit of evidence of PW-2, Pramod Kumar R. Singh, Exh.15 t.o.r. It is read and recorded.
Copy of General Power of Attorney, Exh.16.
(Original General Power of Attorney is returned to the witness.)
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr.No.2 is application form dated 03.06.2015 (page No.9-15). It is marked as Exh.17.
2.The document at Sr.No.3 is letter of undertaking re- loan/advances dated 10.06.2015 (page No.16-19). It is marked as Exh.18.
3. The document at Sr.No.4 is sanction letter dated 10.06.2015 (page No.20-21, 21A). It is marked as Exh.19 (colly.).
4. The document at Sr.No.5 is letter of defendant dated 10.06.2015 (page No.22). It is marked as Exh.20.
5. The document at Sr.No.6 is deed of hypothecation re-vehicle dated 10.06.2015 (page No.23-31). It is marked as Exh.21.
6. The document at Sr.No.6 is plaintiffs advocate notice dated 20.04.2018, Exh.G (page No.32-34). It is marked as Exh.22.
7. The document at Sr.No.7 is postal receipt (page No.35). It is marked as Exh.23.
8.The document at Sr.No.8 is acknowledgement card of the defendant (page No.36). It is marked as Exh.24.
9. The document at Sr.No.9 is RC Copy (page No.37). It is marked as Article-X.
10. The document at Sr.No.10 is invoice of the dealer dated 16.05.2015 (page No.38). It is marked as Exh.25.
11. The document at Sr.No.11 is statement of account (page No.39-47). It is marked as Exh.26.
12. The document at Sr.No.12 is IT certificate (page No.48-49). It is marked as Exh.27.
13. The document at Sr. No.1 of Exh.14 is the true copy of RC. Same is not the original, therefore it is marked as Article-X1.
Suit is ex-parte, hence, no cross.
The plaintiff tendered evidence close pursis, Exh.28 t.o.r.
Matter adjd to 30.10.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Adv.Sivoj Sute for plaintiff present.
None present for defendant.
Plaintiff filed written argument, Exh.28 t.o.r. O-Read and recorded.
Matter adjd to 15.11.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.48 pm,
Adv.Anu R. Naik h/f.M/s.Sanjeev Kanchan and Co. for plaintiff present.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed by judgment.
ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff an amount of Rs.9,29,188.86 (Rupees Nine Lakh Twenty Nine Thousand One Hundred Eighty Eight and Paise Eighty Six Only) together with interest at the rate of 9.7 percent per annum from the date of filing of this suit till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 15-11-2021
