Date: 16-09-2019
Business: P.O. Is on leave. Adjd to 3/10/19
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Adv. Pooja Mali for plaintiff present.
None for deft.
Exh. 1- Plaint
Exh. 2- V/p.
Exh. 3- Memorandum of address.
Exh. 4- List of document
Issue suit summons to deft through court bailiff and RPAD
Adjd. for affidavit of service to 12.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. Pooja Mali present for the plff.
None present for the Deft
Ld counsel for the plff filed original summons. t.o.r.
Ld counsel for the plff filed service affidavit. t.o.r.
Adj. For Steps on 18/02/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Pooja Mali for plaintiff
On her request adjd for steps to 27-02-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. Pooja Mali for plaintiff.
Perused the affidavit of service at Exh.5. It is just and
proper to issue summons to the defendants through
Bailiff. Hence, issue summons to the defendants through
Bailiff.
Adjd for service to 23-03-2020
Next Purpose: SERVICE
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
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: 16-04-2020
Date: 16-04-2020
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: 05-05-2020
Date: 05-05-2020
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: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: SERVICE
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: Wrongly shown on today\''s board.
Matter adjd to 21.08.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020
Matter adjd to 20/10/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-10-2020
Date: 20-10-2020
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.136/2020 dtd.30/9/2020 of this Court.
Matter adjd to 11/11/ 2020 for service.
Next Purpose: SERVICE
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 05.12.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: Adv.Ms.Pooja Mali h/f Adv. Ms.Purnima Pandit for plaintiff present.
Adv tendered application for extension of time writ of summons through bailiff. 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.Pooja Mali for plaintiff present.
None present for defendant.
Adv.of plaintiff filed application for extension of time/date of summons, Exh.8 t.o.r. O-Time extended by two weeks.
Matter adjd to 25.01.2021 for Service of summons.
Next Purpose: SERVICE
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Adv.Pooja Mali for plaintiff present.
None present for defendant.
Four weeks time extended to serve service of summons.
Matter adjd to 26.02.2021 for Service of summons.
Next Purpose: SERVICE
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Pooja Mali for plaintiff present.
Adv.for defendant absent.
Ld. Adv. for plaintiff seeks time to take steps.
Matter adjd to 05.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv.Pooja Mali h/f. Adv.Purnima Pandit for plaintiff present.
None present for defendant.
The plaintiff had filed affidavit, Exh.9 that the summons could not be served to defendant.
Application for extension of time, Exh.10 filed by Adv. of plaintiff t.o.r. O-put up for order.
Matter adjd to 12.03.2021 for order on Exh.10/report.
Next Purpose: ORDER
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv.Pooja Mali for plaintiff present.
None present for defendant.
Order below Exh.10 - filed.
Adv. of plaintiff filed adjournment application, Exh.11 t.o.r.
O-granted.
Matter adjd to 23.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 12.04.2021 for order against plaintiff.
L.O.
Roznama shows that the matter was posted on 23.03.2021 but had appeared on board today.
Adv. Pooja Mali for plaintiff present.
Affidavit of service, Exh.12 filed by Adv. of plaintiff t.o.r.
Application for reissue of fresh writ of summons for service, Exh.13 filed by Adv. of plaintiff t.o.r.
O-Issue fresh summons to the defendant.
Put up on 23.03.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: None preset for plaintiff.
None present for defendant.
Matter adjd to 12.04.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: N.O.B. T.O.B.
Plaintiff absent.
Defendant absent.
Adv.Pooja Mali.for plaintiff present.
Adv.for defendant absent.
Adv. for plaintiff filed precipe for taking matter on today\''s board marked as Exh.14
She also filed application for Extension of time. Exh.15.
Time extended.
Matter adjd to 12.04.2021 for summons report.
Next Purpose: REPORT
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 06.5.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 24.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 7.7.2021 for report.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 23.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 12.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv.Pooja Mali i/b Purnima Pandit for plaintiff present.
None present for defendant.
The plaintiff wants to file application for extension of time for service of writ of summons.
Matter is adjd to 20.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv.Pooja Mali i/b.Adv.Purnima Pandit for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application for extension of time, Exh.16 t.o.r. O-Time is extended.
Matter adjd to 22.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv.Pooja Mali i/b.Adv.Purnima Pandit for plaintiff present.
None present for defendant.
KB
LO at 12.57 pm,
Adv.Pooja Mali i/b.Adv.Purnima Pandit for plaintiff present.
Plaintiff filed application for extension of time for summons, Exh.17 t.o.r. O-Time is extended.
Matter adjd to 04.12.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 14.02.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv.Pooja Mali i/b.Adv.Purnima Pandit for plaintiff present.
None present for defendant.
KB for filing service affidavit.
LO at 12.02 pm,
Adv.Pooja Mali i/b.Adv.Purnima Pandit for plaintiff present.
The plaintiff filed service affidavit a/w. RPAD packtes and acknowledgement card t.o.r. and marked Exh.18 (colly.).
The plaintiff filed original writ of summons t.o.r. and marked as Exh.19.
ORDER BELOW EXH.1
Read the service affidavit, Exh.18 in respect of service by RPAD. The defendant No.2 Dharmendra Pal is served by post. He is also Proprietor for defendant No.1, hence, suit summons is served on the defendants. Both defendants are absent, hence, suit to proceed ex-parte.
Matter adjd to 05.03.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: None present for plaintiff.
None present for defendant.
Plaintiff absent. No evidence is adduce. Keep for order.
Matter adjd to 23.03.2022 for order against plaintiff.
Judge
LO at 11.19 pm,
Adv.Purnima Pandit for plaintiff present.
Matter adjd to 25.03.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: HHJ on leave.
Next Purpose: ORDER
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.45pm,
Adv.Pooja Mali h/f.Adv.Purnima Pandit for plaintiff present.
The plaintiff tendered affidavit of evidence of Mr.Vinay Kumar Alok (PW-1) t.o.r. and marked as Exh.20.
The plaintiff tendered list of documents t.o.r. and marked as Exh.21.
Matter adjd to 07.06.2022 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv Nilima h/f Adv Purnima Pandit present for plaintiff.
None present for defendant.
K.B. L.O. at 1.00 p.m.
Witness Vinaykumar Alok present.
Adv Nilima h/f Adv Purnima Pandit present for plaintiff.
None present for defendant.
Heard argument of plaintiff on the point of exhibiting documents. As suit proceeded ex-parte, no argument on behalf of defendant. The documents referred in chief examination and which are filed with list Exh.21 are exhibited as under.
Credit facility sanction letter dt.28.04.2016.
Demand promissory note dt.28.04.2016.
Letter of authority dt.28.04.2016 issued by deft No.1 to plff.
Letter dt.28.04.2016 issued by deft No.1.
Letter dt.28.04.2016 issued by deft No.1.
Agreement dt.27.04.2016.
Composite undertaking cum declaration dt.28.04.2016.
General form of guarantee dt.28.04.2016.
Notice dt.07.02.2019 issued by plaintiff through adv to defts.
Power of attorney executed by Deputy general Manger of plaintiff.
Statement of account with certificate u/s 65 B of Evidence Act.
Adv for plff filed evidence close pursis at Exh.33.
Matter adjd to 28.06.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv. Ms. Purnima Pandit Present for Plff.
None Present for Deft.
Heard argument of plff.
F.R.S.R. Following order passed.
ORDER
1. Suit is decreed with costs.
2. The defendant Nos.1 and 2 jointly and severally do pay to plaintiff the amount of Rs.6,98,621/- and interest at the rate of 10.40% p.a. with monthly rest from the date of suit till realization of the said amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 28-06-2022