Date: 07-01-2020
Business: Adv.Shraddha Agrawal for plaintiff present
Issue writ of summons to the defendant for answering the claim and for settlement of issues.
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Adjd to 14-02-2020 for Service
Next Purpose: SERVICE
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: None for plaintiff.
Plaintiff and his Ld. advocate are absent when the matter is called on for hearing at 11.15 a.m.. Writ of summons not returned within prescribed period. No steps taken to serve writ of summons to the defts. Hence, kept for dismissal on next date.
LO
Adv. Shailaja Shukla for plaintiff present.
Adjd to 25-02-2020 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: None for plaintiff.
None for defendants.
Plaintiff and his Ld. advocate are absent when the matter is called on for hearing at 11.00 a.m.
KB LO
Adv. Shailaja Shukla for plaintiff present.
On oral request of Ld. Adv. for plaintiff adjournment granted as last chance.
Adjd to 20-03-2020 for service .
Next Purpose: SERVICE
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Adv.Shaileja Shukla for plaintiff present.
Adv.for defendant absent.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 08.04.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 28-09-2020
Date: 28-09-2020
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.131 of 2020 dtd.22/9/2020 of this Court,
Matter adjd to 17/10/2020 for service .
Next Purpose: SERVICE
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Business: As Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 06-11-2020
Date: 06-11-2020
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 25/11/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
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 19.12.2020 for services.
Next Purpose: SERVICE
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Adv. for plaintiff absent.
Adv. for defendant absent.
Matter adjd to 15/01/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 12.02.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv.Ms.Shraddha Agarwal for plaintiff present.
None present for defendant.
Ld. Adv. for the plaintiff seeks time to take steps to serve the defendant. Granted as last chance.
Matter adjd to 06.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv.Rishabh Mishra for plaintiff present.
None present for defendant.
The plaintiff has filed affidavit of proof of service, Exh.5 t.o.r.
The defendant No.1 not served. The defendant No.2 served on 25.02.2020. The defendant No.2 had not appeared in the suit.
Adv. of plaintiff filed application for issuance of fresh writ of summons t.o.r.
Issue fresh writ of summons to deft. no.1.
Matter adjd to 31.03.2021 for order against deft. no.2.
Next Purpose: ORDER
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Date: 22-04-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 12.06.2021 for await service report.
Next Purpose: REPORT
Next Hearing Date: 12-06-2021
Date: 12-06-2021
Business: As per Office Order No.104/2021, Holiday declared on 12.06.2021 (Saturday). Hence matter is adjd to 01.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 13.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: HHJ is on leave.
Next Purpose: REPORT
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: As Court is on leave, matter is adjd to 21.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.44 pm
Adv.Saraswati Purohit h/f.Adv.Rajkumar for plaintiff present.
Plaintiff filed application for extension of time for service of suit summons on deft. No.1, Exh.8 t.o.r O-Time extended for service of suit summons on deft. No.1.
Matter adjd to 30.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.11 pm,
Adv.Rishabh Mishra h/f.Adv.Rajkumar Shukla for plaintiff present.
Service report is awaiting, adjd for filing service affidavit on 07.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv.Rishabh Mishra i/b.Rajkumar K. Shukla Law Firm for plaintiff present.
None present for defendant.
KB
LO at 12.24 pm,
Adv.Rishabh Mishra i/b.Rajkumar K. Shukla Law Firm for plaintiff present.
The plaintiff filed affidavit of service, Exh.9 a/w. summons and acknowledgment card t.o.r. Summons is duly served on defendant No.1.
ORDER BELOW EXH.1
Read the service affidavit, Exh.5 and acknowledgment card attached thereto. Read the service affidavit, Exh.9 and acknowledgment card attached thereto. Suit summons have been duly served on both the defendants. They are absent. Hence, suit to proceed ex-parte against the defendants.
Matter adjd to 20.01.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Adv.Mugdha Sawant i/b.Rajkumar K. Shukla Law Firm for plaintiff present.
None present for defendant.
The plaintiff filed statement of truth, Exh.10 t.o.r.
The plaintiff filed affidavit of evidence of PW-1, Mrs.Vartika Khare t.o.r. It is read and recorded and marked as Exh.11.
The plaintiff filed compilation of documents, Exh.12 t.o.r.
Matter adjd to 29.01.2022 for exhibition of documents/R/E if any
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: None present for plaintiff.
None present for defendant.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. Copy of Power of Attorney (page Nos.1-7). Read the contents of Para No.2 of affidavit of evidence. It is marked as Exh.13.
2. The document at Sr.No.1 is original loan application dated 16.10.2015 (page Nos.8-12). Read the contents of Para No.3 of affidavit of evidence. It is marked as Exh.14.
3. The document at Sr. No.2 is the original sanction memorandum dated 16.10.2015 (page No.13). Read the contents of Para No.4 of affidavit of evidence. It is marked as Exh.15.
4. The document at Sr. No.3 is original certificate of loan papers (page No.14). Read the contents of Para No.5 of affidavit of evidence. It is marked as Exh.16.
5. The document at Sr. No.4 letter evidencing execution of document dated 27.10.2015 (page No.15). Read the contents of Para No.5b of affidavit of evidence. It is marked as Exh.17.
6. The document at Sr. No.5 is the original letter of undertaking re-loans/advances dated 27.10.2015 (page Nos.16 to 19). Read the contents of Para No.5c of affidavit of evidence. It is marked as Exh.18.
7.The document at Sr. No.6 is the original particulars of vehicles/machinery/equipments/livestock dated 27.11.2015 (page No.20). Read the contents of Para No.5d of affidavit of evidence. It is marked as Exh.19.
8. The document at Sr. No.7 is the original Deed of Hypothecation dated 27.10.2015 (page Nos.21 to 26). Read the contents of Para No.5e of affidavit of evidence. It is marked as Exh.20.
9. The document at Sr. No.8 is original acknowledgement of debt and security dated 09.04.2018 (page Nos.27 to 28). Read the contents of Para No.5f of affidavit of evidence. It is marked as Exh.21.
10. The document at Sr. No.9 is the copy of legal notice, postal receipt and acknowledgement card dated 16.07.2018 (page Nos.29 to 31). Read the contents of Para No.7 of affidavit of evidence. It is marked as Exh.22 (colly.).
11. The document at Sr. No.10 is the statement of account (page No.32 to 40). Read the contents of Para No.9 of affidavit of evidence. It is marked as Exh.23.
11. The document at Sr. No.11 is the particulars of plaintiffs claim. It is marked as Exh.24.
Suit is ex-parte, hence, no cross.
Matter adjd to 15.02.2022 for R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv.Rishabh Mishra i/b.Rajkumar Shukla Law Firm for plaintiff present.
None present for defendant.
KB for filing evidence close pursis.
LO at 01.28pm,
Adv.Rishabh Mishra i/b.Rajkumar Shukla Law Firm for plaintiff present.
Evidence close pursis, Exh.25 filed by Adv. of plaintiff.
Heard final argument of plaintiff.
Matter adjd to 17.02.2022 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: None present for plaintiff.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is decreed with costs.
2. The defendants do pay jointly and severally to the plaintiff an amount of Rs.4,32,830.56ps (Rupees Four Lakhs Thirty Two Thousand Eight Hundred Thirty and Paise Fifty Six Only) alongwith interest at the rate of 9.70 percent p.a. from the date of filing of this suit till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 17-02-2022
