Date: 26-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Mamta Ranga for plaintiff present.
Adv.for defendant absent.
Plaintiff has tender affidavit of service. -Envelope was returned back with postal authority with remark left.
Matter adjd to 06.11.2019 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender chamber summons @ affidavit - Leave is granted to register the chamber summons.
Matter adjd to 18.11.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Jinal P. Rarasia for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender register chamber summons No. 2036/2019 @ affidavit.
Matter adjd to 07.12.2019 for hearing on chamber summons.
Next Purpose: HEARING
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Next Purpose: HEARING
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Adv.for plaintiff absent.
Adv.for defendant absent.
FRSR - Order below in chamber summons no. 2036/2019.
ORDER
1) Chamber summons No. 2036 of 2019 is allowed.
2) Plaintiff is permitted to publish writ of summons in the local newspaper Free press journal (English) and Navshakti (Marathi).
3) Plaintiff to bear expenses of publication.
4) Plaintiff is directed to file affidavit of service.
Matter adjd to 25.02.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Adv. Noopur Awasthi for plaintiff present.
None for defendants.
In view of order dt. 31/1/2020, chamber sumons was allowed and plaintiff is permitted to publish writ of summons by way of publication. However plaintiff failed to comply order dt.31/1/2020. Hence suit is keep for dismissal order on next date.
Matter adjd to 20/3/2020 for Dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present.
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 27.03.2020 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 08-04-2020
Date: 08-04-2020
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: 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: DISMISSAL
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: DISMISSAL
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: court time is over
Next Purpose: DISMISSAL
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: DISMISSAL
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Business: None present.
As per Office Order No.94 of 2020 dated 18/06/2020 due to lock down board dated 10/09/2020 is adjd to 28/9/2020 for dismissal.
Next Purpose: DISMISSAL
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 19/10/2020 for dismissal
Next Purpose: DISMISSAL
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Business: COURT IS ON LEAVE
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 12/11/ 2020 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 12-11-2020
Date: 12-11-2020
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: Adv. Sameer Shaikh for plaintiff present.
Adv. for plaintiff tendered application for extention of time for paper publication -allowed.
Matter adjd to 07.01.2021 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv.Samir Shaikh for plaintiff present.
None present for defendant.
Affidavit of service tendered by Adv.Mr.Samir Shaikh, Exh.2 t.o.r.
Matter adjd to 16.01.2021 for Appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv.Sameer Shaikh for plaintiff present.
None present for defendant.
The plaintiff has filed affidavit of service, Exh.2 i.e. publication of summons into local newspapers on 22.12.2020. Inspite of publication of summons the defendant had not appeared in the suit. Suit to proceed ex-party against defendant.
Matter adjd to 20.02.2021 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv.Sakina Ruhawala for plaintiff present.
None present for defendant.
Adv. of plaintiff seeks time to file evidence. Time granted as last chance.
Matter adjd to 18.03.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv.Sameer Shaikh for plaintiff present.
None present for defendant.
Affidavit of examination-in-chief, Exh.3 filed by Adv. of plaintiff t.o.r. O-filed.
PW No.1- Mr.B. Thirupati resumed on S.A.
List of documents, Exh.4 filed by Adv. of plaintiff t.o.r.
O-Documents annexed with this list are exhibited formally. Its evidentiary value will be considered at the time of final argument of suit.
Copy of Power of Attorney dated 20.01.2012, Exh.5 colly.
Original office copy of sanction letter dated 11.10.2013, Exh.6 colly.
Original demand promissory note dated 11.10.2013 for Rs.3,00,000/- and DPN delivery letter dated 11.10.2013, Exh.7.
Original sole proprietary declaration form dated 11.10.2013, Exh.8.
Original Agreement for demand cash credit on the hypothecation of movable properties, dated 11.10.2013, Exh.9 colly.
Original letter of hypothecation of book debts-loans dated 11.10.2013, Exh.10 colly.
Original power of attorney to bank dated 11.10.2013, Exh.11.
Original free access letter dated 11.10.2013, Exh.12.
Original CIBIL declaration dated 11.10.2013, Exh.13.
Matter adjd to 25.03.2021 for statement of truth/further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv.Sameer Shaikh i/b/ M/s.Consulta Juris for plaintiff present.
None present for defendant.
It appeared that inspite of the order of exhibiting all the documents annexed with Exh.4, documents upto Sr. No.9 are only exhibited. Further documents 10 to 19 are not exhibited. The same are also exhibited formally today and its evidentiary value will be considered at the time of final argument.
Original office copy of Sanction Letter dated 31.10.2014, Exh.14 colly.
Original Demand Promissory Note dated 07.11.2014 and DPN delivery letter dated 07.11.2014, Exh.15.
Original Supplemental Agreement for Hypothecation of stocks dated 07.11.2014, Exh.16 colly.
Original Supplemental Agreement for Hypothecation of book debts dated 07.11.2014, Exh.17.
Original Power of Attorney for Book debts dated 07.11.2014, Exh.18.
Original office copy of Sanction Letter dated 14.10.2015, Exh.19 colly.
Original Revival Letter dated 14.10.2015, Exh.20.
Original letter dated 02.06.2017 from plaintiff addressed to defendant, Exh.21 colly.
Statement of account, Exh.22 colly.
Certificates under Banker\''s Book of Evidence Act, Exh.23 colly.
Statement of truth, Exh.24 filed by Adv. of plaintiff t.o.r.
O-filed.
Evidence closure pursis, Exh.25 filed by Adv. of plaintiff t.o.r.
O-filed.
KB for argument.
LO
Adv.Sameer Shaikh i/b/ M/s.Consulta Juris for plaintiff present.
Heard final argument of Adv.Mr.Sameer Shaikh.
Matter adjd to 26.03.2021 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 26-03-2021
Date: 26-03-2021
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 defendant is directed to pay to the plaintiff the amount of Overdraft Account No.168700050900134, Rs.7,18,653.37 (Rupees Seven Lakhs Eighteen Thousand Six Hundred and Fifty Three and Thirty Seven Paise Only) i.e. (Inclusive of principal amount plus agreed interest). The defendant is further directed to pay to the plaintiff the interest at the rate of 14 percent per annum on the principal amount of Rs.5,00,000/-(Rupees Five Lakhs Only) from the date of filing of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 26-03-2021