Date: 23-08-2018
Business: Deft no. 1 and 2 inperson Present.
Deft no.2 filed application for grant of time for WS t.o.r
Order- allowed.
Already adj. On 12/09/2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-09-2018
Date: 12-09-2018
Business: Adv. Mrs. D. D. Damani Present for the Plff.
Ld counsel for the plff sought time to take steps for service of affidavit upon deft no.4.
Adj. For Steps on 26/10/2018.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-10-2018
Date: 26-10-2018
Business: Adv. Mrs. Priti Ragahi Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff filed service affidavit . t.o.r.
as per service affidavit deft no. 1, 2 and 4 served by RPAD on 14/08/2018 and 16/08/2018 as per the postal acknowledgement. When called Deft no. 1,2 and 4 absent. As per service affidavit the writ of summons served upon deft no.3 by RPAD return unclaimed as per postal acknowledgement after intimation given. Hence service is proper. Hence suit proceeded Ex-prate against deft no. 1, 2, 3 and 4.
Adj. For Ex-parte Evidence on 22/01/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Adv. Mrs. Shah Present for the Plff.
None Present for the deft. no. 1,2,3 Proceeded Ex-parte.
On the oral request of the Ld counsel for the Plff. Adj. Granted.
Adj. For Ex-parte evidence on 16/04/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Adv. Varsha Telage Present for the Plff.
None Present for the deft. no. 1 to 4 Proceeded Ex-parte.
Ld counsel for the plff filed chief in affidavit of PW1. .t.o.r.
Ld counsel for the plff file compilation of the document. t.o.r.
PW1 Present. Chief Examination Recorded following documents proved. No cross-examination offered. Witness discharge.
Particular
Sanction letter dt. 09/12/2014.
Demand promissory note dt. 09/12/2014 executed by the deft no.1 and 2.
Form no. 106 dt. 09/12/2014 executed by the deft no. 1 and 2.
Form no.103/291/412 dt. 09/12/2014 executed by the deft no. 1 and 2.
Undertaking dt. 09/12/2014 executed by the deft no. 1 and 4.
Form in respect of the revised clause pertaining to the rate of interest dt. 09/12/2014 executed by the deft no. 1 and 2.
Undertaking to furnish information and data dt. 09/12/2014 executed by the deft no. 1 and 2.
Undertaking to furnish information and data dt. 09/12/2014 executed by the deft no. 3 and 4.
Letter fo confirmation dt. 09/12/2014 executed by the deft no. 1 and 2.
Letter of Guarantee dt. 09/12/2014 executed by the deft no. 3 and 4.
Form no.84A(R) dt. 09/12/2014 executed by the deft no. 1 and 2.
Memorandum of Equitable Mortage dt. 09/12/2014 executed by the deft no. 1 and 2.
Declaration dt. 09/12/2014 executed by the deft no. 1 and 2.
Letter dt.01/08/2017 issued by the plff to the defts.
Visit report dt. 07/08/2017.
Letter of Revival dt. 17/08/2017.
Notice dt. 09/10/2017 issued by the plff to the dets no. 1 to 4.
Statement of account alongwith certificate as per the IT Act.
Ld counsel for the plff filed evidence closure pursis. t.o.r.
Adj. for Final Argument on 06/06/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Business: Adv. Varsha Telge for plaintiff present.
Matter adjd for argument on 22.07.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Both parties and their counsel absent.
Suit proceeded Ex-parte
Adj to 20/08/19 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: None present for plaintiff.
Suit proceeded exparte.
Matter adjd for exparte argument on 13/09/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: None present for plaintiff.
Suit proceeded exparte.
Matter adjd for exparte argument on 20/11/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: None present for the plff.
Later on at 12.40 pm.
Adv. Varsha Present for the Plff.
Matter adjd for Ex-parte argument on 25/02/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv. D.B. Raghani for plaintiff present.
None for defendant.
Heard ld Adv for plaintiff.
Matter adjd for exparte judgment to 13-03-2020 at 2.45 pm.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. D.B. Raghani for plaintiff present.
K.B. at 4.30 pm.
Court busy in other matters
Matter adjd for ex-party judgment at 17-04-2020 at 4.30 pm.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: In view of heavy rainfall and disturbed travel services, upon directions of the Honourable High Court, Bombay the Hon''ble I/c. Principal Judge has been pleased to declare Holiday today i.e. 23-09-2020. Hence matter adjourned.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Due to Covid-19 matter is adjd time to time on 17-04-2020, 06-05-2020, 28-05-2020, 15-06-2020, 26-06-2020, 10-07-2020, 14-08-2020, 23-09-2020 and today this matter is posted for exparte judgment.
None present.
Court is busy in dictating order on Notice of Motion No. 4747/19 in SU 140/2020 and hearing in SU 8192/96 and EA 486/19.
Matter adjd for exparte judgement to 07-11-2020.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: None present.
F.R.S.R. following order is passed.
ORDER
The Suit No.1977 of 2018 is decreed with costs as under-
1. Defendant No.1 to 4 jointly and severally to pay to the plaintiff bank a sum of Rs.8,06,005/-(Rupees Eight Lacs Six Thousand and Five Only) with interest at the rate of 10.25 percent per annum with monthly rest from the date of filing of the suit i.e. from 04/06/2018 till its full realisation.
2. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 07-11-2020
