Date: 17-07-2019
Business: Court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Adv. for plaintiff present.
Adv. for plaintiff filed affidavit of service. t.o.r.
Adjd for hearing to 20/11/2019.
Next Purpose: HEARING
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Mr. O. A. Das for plaintiff present.
Exh-2 The affidavit of service of clerk in the office of registrar city civil court shows that the RPAD is duly served the the defendant. Defendant failed to appear. t.o.r.
The defendant failed to file written statement till date.
Adjd for hearing to 13/12/2019.
Next Purpose: HEARING
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv.Shridevi Kotkar plaintiff present.
Matter adjd to 19.02.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-02-2020
Date: 19-02-2020
Business: Wrongly on board.
Public holiday on account of 19.02.2020. hence taken on today''s board and adjourned.
Next Purpose: HEARING
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Nobody present when called at 11.00 am
kb
L.O in afternoon session.
Nobody present.
Adjd for hearing to 23/03/2020.
Next Purpose: HEARING
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Business: National Lockdown
Next Purpose: HEARING
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: CORAM H.H.J. SHRI. R.V.KOKARE (C.R.31)
Both parties and their advocates are absent when called out.
Adjourned for hearing to pass exparte order to 13/10/2020.
Next Purpose: HEARING
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: None present for plaintiff.
In view of service affidavit at Exh.2, summons is duly served on defendant.
Defendant is absent when called out. Hence suit to proceed Exparte against defendant.
Adjd. for evidence of plaintiff (Ex-parte) to 03.11.2020.
Next Purpose: HEARING
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 05.12.2020.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: Plaintiff and its Advocate are absent.
Both the parties and their advocate are absent when called out.
Adjourned for Ex-Partie Evidence on 06.01.20210.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Both parties and their advocates are absent when called out.
Plaintiff to lead the evidence positively on next week.
Matter is adjd.to 16-01-2021 for Evidence (ex-parte)
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Priya Digvekar for plaintiff present.
None for defendant
Matter is adjd.to 19-03-2021 for R/E (ex-parte)
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 09.04.2021 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None for both side.
Matter is adjd.to 25.06.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Due to COVID
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv. Priya Nigwekar h/f Adv. Das for plaintiff present.
Matter is adjd.to 03-09-2021 for (ex-parte) R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv. Sakshi Shedbal for plaintiff present and filed evidence affidavit t.o.r marked as Exh.3
Jyotsna Nayak witness present
Adv. for plaintiff filed list of documents t.or. marked as Exh. 4
Witness Jyotsna Nayak stated on oath that affidavit Exh.3
bears her signature and contents therein are correct. She
also proved documents filed with list Exh.4 and they are as
under
Exh.5 – Copy of Power of Attorney
Exh.6 – (NF 998) Application
Exh.7 – Sanction Letter Reference No. 107.87.1516
Exh.8 – (NF 480) Pronote of Rs. 3,93,000/-
Exh.9 – (NF 546) Specimen Signature Card for Borrowal Accounts.
Exh.10-(NF 373) Particulars of Vehicles/Machinery/ Equipment /Livestock etc., hypothecated.
Exh. 11 -(NF 482) Certificate of Loan Papers Obtained.
Exh.12-(NF 803) Letter evidencing execution of documents.
Exh. 13- (NF 721) Letter of Undertaking Re : Loans/ Advances.
Exh. 14 - (NF 722) Deed of Hypothecation Re: Vehicles.
Exh. 15 - (NF 481) Take Delivery Letter to DPN
EXH. 16 - Description of Vehicle.
Exh. 17 - Certificate of Registration of Vehicle.
Exh. 18-(NF 760) Acknowledgement of Debt and Securities.
Exh. 19-(NF 760) Acknowledgement of Debt and Securities.
Exh. 20 - Office copy of Advocate Notice.
Exh. 21 - Statement of Account.
Exh. 22 - Particulars of Claim.
Adv. for plaintiff is directed to file the authority of the person who filed the suit as a representative of the bank.
Matter is adjd.to 11-09-2021 for arguments .
Next Purpose: ARGUMENTS
Next Hearing Date: 11-09-2021
Date: 11-09-2021
Business: (N.O.B T.O.B. on 15.09.2021)
This matter is on board dated 11.09.2021 on this date holiday hence matter is taken on board today.
Matter is adjd. to 01.10.2021 for ex-parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: Adv. Priya Nigwekar for plaintiff present and submitted that General Power of Attorney of Krishnakumar (Officer filing the plaint ) is already filed with the plaint and it is at page no. 79 to 85. In this way, the plaintiff has satisfied the directions dtd. 03-09-2021.
Adv. for plaintiff filed evidence closed pursis t.o.r. and marked as Exh. 23.
Matter is adjd.to 12-10-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. Priya Nigwekar for plaintiff present.
Heard Ld. Adv. Priya Nigwekar for plaintiff.
Matter is adjd.to 22-10-2021 for Judgment. (4.00pm)
Next Purpose: JUDGMENT
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: None for plaintiff.
Exh - 24 – Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 21/19 is partly decreed.
2. The defendant is directed to pay amount of Rs. 4,83,886.35/- (Rupees Four Lakh Eighty-three Thousand Eight Hundred Eighty-six and Paise Thirty-five Only )to the plaintiff with interest @ 10.65%p.a. with monthly reset from 05/01/2019 till the date of realization within three months from the date of decree.
3. It is hereby declared that the sums payable by the defendant to the plaintiff are validly secured in favour of the plaintiff by the hypothecation of the said vehicle mentioned in Deed of Agreement of Hypothecation (Exh. 14) and the plaintiff is entitled to sell the same and realize and appropriate the sale proceeds towards his dues.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly
Nature Of Disposal: PARTLY DECREED
Disposal Date: 22-10-2021