Date: 13-06-2019
Business: Adv for plaintiff Ms.Mamata Paranjpe present
Adv for plaintiff requested for fresh issuance of summons.
O-Issue summons as prayed.
Matter is Adjd for Affidavit of Service to 22/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Adv. Mamta Paradkar for plaintiff present.
Exh. 1- Plaint
Exh. 2- V/p
Exh. 3- List of document
Exh. 4- Memorandum of address.
Exh. 5- Affidavit of service filed by plaintiff . t.o.r.
Deft has left the address. Plff to take steps.
Adjd. for steps to 18.11.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Sachin Joshi for plaintiff present.
Defendant absent.
Adv. for plff. Filed application for issuance of fresh summons.
Order - Issue fresh summons to defendant.
Matter is adjd to 26.11.2019 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Plaintiff absent.
Defendant absent.
Matter is adjd to 12.12.2019 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: P.O. is on Training
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 26.03.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2020
Date: 29-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: National Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 05.03.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Sachin Joshi for the plff. Present.
Matter is adjd to 03.05.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: due to Covid - 19 pandamic
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-07-2021
Date: 10-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.07.2021 taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
The matter is adjd to 13.08.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: None present.
The matter is adjd for filing service affidavit to 30.09.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Sachin Joshi for plaintiff present.
Exh.6 - Adv. For plaintiff filed application for issuance of fresh writ of summons.
O. - Issue fresh writ of summons to defendant as per Order 37 Rule 2 of C.P.C.
The matter is adjd for affidavit of service to 26.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Sachin Joshi for plaintiff present. He sought extension of time for service of writ of summons. Extension of time as prayed for is granted.
The matter is adjd for affidavit of service to 02.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: None present.
The matter is adjd for affidavit of service to 15.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv. Sachin Joshi for plaintiff present.
Exh.7 - Adv. For plaintiff filed service affidavit. T.O.R.
Service is not proper.
The matter is adjd for taking steps to 25.01.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: None present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for Taking Steps to 02.03.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: None present.
The matter is adjd for taking steps to 06.04.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. Sachin Joshi for plaintiff present. He sought time for taking steps. Time as prayed for is granted.
The matter is adjd for steps to 02.05.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Adv. Sachin Joshi for plaintiff present. He sought time for taking steps. Time as prayed for is granted.
The matter is adjd for steps to 18.06.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Adv. Sachin Joshi for plaintiff present. He sought time for taking steps. Time as prayed for is granted.
The matter is adjd for steps to 19.07.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Sachin Joshi for plaintiff present.
Exh.8 - Adv. For plaintiff filed application for substituted service.
O. - Summons to deft. cannot be served on the address known to the plaintiff. Considering the service affidavit filed on record, there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service. Therefore, summons to deft. be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house.
The matter is adjd for affidavit of service to 15.09.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: P.O. is on half day leave. (First Session)
The matter is adjd for affidavit of service to 15.10.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: The court is vacant. Hence, Matter is adj.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: The court is vacant.
Hence, matter is adjd to.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: As court is vacant. Hen
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: Matter received from C.R.No. 14.
Adv. Sachin Joshi for plaintiff is present.
He orally prayed for time for filing service affidavit.
O- Time granted as last chance.
Matter is adj for affidavit of service to 04.10.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Court is on leave. Hence adj.to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: Adv Sachin Joshi for plaintiff present.
He filed affidavit of service. t.o.r. marked as Exh. 09.
O- Upon perusal of the same, it reveal that the plaintiff has published public notice in two daily news paper i.e. Business Standard and Navrashtra dated 04/03/2023. Inspite of service defendant failed to appear, hence matter proceded ex-parte.
Matter stands Adj for Ex-parte Evidence on 27/02/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-02-2024
Date: 27-02-2024
Business: None present.
KB
LO at 11.29 am
Adv Sachin Joshi for plaintiff present.
PW 01 Kunal Rakesh present.
The plaintiff has filed affidavit of examination-in-chief of PW 01. t.o.r. marked as Exh. 10. O- R and R.
He also filed list of documents. t.o.r. marked as Exh. 11.
O- Seen.
Oath administered to the witness.
He admits contents of affidavit of evidence as true and correct. It bears his singature.
Heard the Ld. Adv for plaintiff on marking of documents.
Document at Sr. no. 1 is request letter for cash credit loan against Hypothecation of Goods, Plant and Machinery dated 17/10/2016 marked as Exh. 12.
Document at Sr. no. 2 is Demand Promissory Note dated 17/10/2016 marked as Exh. 13.
Document at Sr. no. 3 is Composite Deed of Hypothecation dated 17/10/2016 marked as Exh. 14.
Document at Sr. no. 4 is Receipt for amount of Load dated 17/10/2016 marked as Exh. 15.
Document at Sr. no. 5 is Statement of accounts certifled by the Plaintiff\''s Bank manager marked as Exh. 16.
Document at Sr. no. 6 is certificate u/s 65B of Indian Evidence Act marked as Exh. 17.
Document at Sr. no. 7 is Authority letter marked as Exh. 18.
Matter stands Adj for Arguments on 02/04/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: Adv Sachin Joshi for plaintiff present.
He filed evidence closing pursis. t.o.r. marked as Exh. 19.
O- Seen.
Heard.
Exh. 20 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No. 368 of 2021 (Old Summary Suit No. 451 of 2019) is decreed with Costs.
2. The defendant does pay an amount of Rs. 9,52,865/- together with interest on Rs. 8,86,995/- @ 9.25 percent per annum with monthly rests from the date hereof till its full realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No. 368 of 2021 (Old Summary Suit No. 451 of 2019) disposed of accordingly.
Nature Of Disposal: DECREED
Disposal Date: 02-04-2024
