Date: 06-01-2020
Business: Adv. Sawant for plaintiff present
None for defendant.
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Issue wirt of summons to defendant.
Adjd to 20-02-2020 for direction .
Next Purpose: DIRECTIONS
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Adv. Shradha Agrwal for plaintiff present and tendered affidavit of service. TOR. Marked at Exh.05.
Adjd to 29.02.2020 for .W/S
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Adv. Ms. Mugdha Sawant for plaintiff present.
None for defendant.
Defendant has failed to appear despite service. Hence, suit to proceed ex-parte against the defendant
Adjd to 09.03.2020 for WS .
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: None for plaintiff.
None for defendants.
KB LO
Plaintiff and his Ld. advocate are absent when the matter is called on for hearing at 11.10 a.m. and 11.50 a.m. Hence kept for dismissal on next date.
Adjd to 19-03-2020 for Dismissal .
Next Purpose: DISMISSAL
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: None present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency. Matter adjd to 09/04/2020 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DISMISSAL
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DISMISSAL
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: DISMISSAL
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: court time is over
Next Purpose: DISMISSAL
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: DISMISSAL
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
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. 26/10/2020
Next Purpose: DISMISSAL
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: 26.10.2020
02
Coram: H. H. J. SHRI. M.A.BHOSALE Judge, (C.R.NO. 32)
Commercial Suit No.219/2019
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 29/10/2020 for order.
Judge
Next Purpose: DISMISSAL
Next Hearing Date: 29-10-2020
Date: 29-10-2020
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.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 03/11/2020 for dismissal
Next Purpose: DISMISSAL
Next Hearing Date: 03-11-2020
Date: 03-11-2020
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 06/11/ 2020 for dismissal.
Next Purpose: DISMISSAL
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 09/11/2020 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 09-11-2020
Date: 09-11-2020
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 11/11/2020 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 11-11-2020
Date: 11-11-2020
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 07.12.2020 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None for palintiff.
None for defendant.
Matter adjd to 10.12.2020 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 18.12.2020 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 05.01.2021 Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 18.01.2021 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 25.01.2021 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Plaintiff present.
Adv.Mugdha Sawant for plaintiff present.
None present for defendant.
Matter adjd to 10.02.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv.Shraddha Agrawal for plaintiff present.
None present for defendant.
KB
LO
Adv.Shraddha Agrawal for plaintiff present.
Affidavit of evidence of the plaintiff, Exh. filed by Adv.of plaintiff t.o.r.
PW No.1-Rajani S. Bordawekar Resumed on S.A.
List of documents, Exh.7 filed by Adv.of plaintiff t.o.r.
O-The documents Sr.ist Sr.No.1 to 11 are formally exhibited. Its evidentiary value will be considered at the time of final argument.
Copy of Power of Attorney dated 29.11.2011, Exh.8 colly. t.o.r.
Original Loan Application dated 02.12.2015, Exh.9 colly. t.o.r.
Original sanction memorandum dated 02.12.2015, Exh.10 t.o.r.
Original certificate of loan papers obtained dated 02.12.2015, Exh.11 t.o.r.
Original letter evidencing execution of document, dated 02.12.2015, Exh.12 t.o.r.
Original letter of undertaking re loans/advances, dated 02.12.2015, Exh.13 colly t.o.r.
Original particulars of vehicles/machinery/equipment/livestock dated 10.12.2015, Exh.14 t.o.r.
Original Deed of Hypothecation, dated 02.12.2015, Exh.15 colly t.o.r.
Original acknowledgment of debt and security dated 19.05.2018, Exh.16 colly t.o.r.
Office copy of legal notice and postal receipt dated 16.07.2018, Exh.17 colly t.o.r.
Original statement of account, Exh.18 colly.
Statement of truth, Exh.19 t.o.r. O-filed
Evidence closure pursis, Exh.20 t.o.r. O-filed
Matter adjd to 12.02.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv.Ms.Shraddha Agarwal for plaintiff present.
None present for defendant.
Heard final argument of Adv.Shraddha Agarwal.
Matter adjd to 08.03.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: None present for plaintiff.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. following order is passed
ORDER
1. Suit is decreed with costs.
2. The defendant is directed to pay to the plaintiff a sum of Rs.4,41,108.84/-(Rupees Four Lakhs Forty One Thousand One Hundred and Eight Paise Eighty Four Only) with interest at the rate of 9.70 percent per annum on the principal amount of Rs.3,85,000/- (Rupees Three Lakhs Eighty Five Thousand Only) from the date of filing of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 08-03-2021