Date: 24-09-2018
Business: P. O is on mediation Training
Next Purpose: DIRECTIONS
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Adv. Pradeep Bhor 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 served by RPAD as per postal report it was reported left. Hence no proper service. Plff to take necessary service.
Ld counsel for the Plff tendered draft CS along with affidavit.
Order- Heard. Leave granted. CS be registered. Copy be served upon otherside. Service affidavit be filed.
Adj. For CS Returnable and CS of Affidavit of Service on 01/04/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Adv. Triveni Tatave Present for the Plff.
None Present for the Deft.
Ld counsel for the plff tendered registered CS 287/19 alongwith affidavit. t.o.r.
Ld counsel for the CS for the plff sought time to file service affidavit of CS 287/19. Granted.
Adj. For Affidavit of service of CS 287/19 on 02/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Adv. Priya Nigvekar for plaintiff present.
Exh.3 Ld. Counsel for plaintiff filed service affidavit. TOR.
There is no service on defendant.
ORDER BELOW CS NO.287/19
The matter is for service of writ of summons on defendant. Mean while plaintiff has filed this CS for amendment regarding addiction of one more address of defendant in title clause. Considering the nature of amendment it is allowed without issuing notice to other side. Plaintiff to carry out necessary amendment. After amendment plaintiff to take necessary steps for writ of summons to defendant.
Matter adjd for compliance on 04/10/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Exh. By Praecipe
Adv. Priya Nigvekar for plaintiff present.
Exh. Application by plaintiff for extension of time to carry out the amendment. TOR. ORDER In view of submission made in the application time is extended to carry out the amendment.
Matter already adjd for compliance on 04/10/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Adv. Wasima Kazi for plaintiff present.
On the request of Ld. Counsel for plaintiff time is granted for taking steps for service of writ of summons on defendant.
Matter adjd for service affidavit on 16/12/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. Fatima Lakdawala for plaintiff present.
Plff Adv seeks time to serve writ of summons to deft on new address as mentioned in title clause of the plaint. Time extended.
Matter adjd for writ of summons on 23/03/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Business: National Lok Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rain declared as holiday
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv. Fatima Lakdawala for plaintiff is present. On her oral request time is extended for service of writ of summons till next date. Adjourned for writ of summons to 22.01.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adv. Wasima Kazi for plaintiff present.
None for defendant
Exh. 6 - Service affidavit submitted by plaintiff, defendant is duly served through bailiff, defendant is absent. Hence, suit to proceed (ex-parte).
Matter is adjd.to 26-02-2021 for hearing (ex-parte)
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The Commercial Court.
Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 26.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv. Ms. Sukhada Patil for plaintiff, prayed for adjd.
None for defendant.
Matter is adjd.to 19.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Adv. Fatima Lakdawala for plaintiff present.
None for defendant.
Matter is adjd.to 10.06.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As per Office order No. 106/21 dtd. 14-06-2021, all the court shall remain closed all Saturday i.e. 03-07-2021.
Next Purpose: HEARING
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Both the parties absent when called out.
Matter is adjd.to 04-08-2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 04-09-2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: None for plaintiff.
Defendant is duly served with writ of summons as per bailif report on writ of summons Exh. 6, but he failed to appear. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to 04-10-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Shweta Jalgaonkar for plaintiff present.
Matter is adjd.to 08-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Adv. Sweta Jalgaonkar for plaintiff present.
Matter is adjd.to 03-12-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Snepy Ambawat for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 13-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Adv. Ms. Snepy Ambawat i/b Fatima Lakdawala for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 14-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv. Ms. Kurutulain Shaikh h/f Adv. Fatima Lakdawala for plaintiff present.
Matter is adjd.to 16-02-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv. Kurutulain Shaikh for plaintiff along with witness Pramod Kumar Singh present and filed preceipe for taking the matter on board t.o.r. and marked as Exh. 7 – seen and allowed.
She also filed evidence affidavit of witness Pramod Kumar Singh t.o.r. and marked as Exh. 8
She also filed list of documents t.o.r. and marked as Exh.9
Oath is administered to witness Pramod Kumar Singh. He stated on Oath that evidence affidavit Exh.8 bears his signature and contents therein are correct. He also proved documents filed with list Exh.9 and they are Exhibited as under -
Exh. 10- Copy of Power of Attorney.
Exh. 11- Application form for Loan.
Exh. 12 – Original Proforma Invoice dtd. 12.08.2015.
Exh. 13- Original Sanction Letter dtd. 27-08-2015.
Exh. 14- Form of NF – 373 Particulars of Vehicle /Machinery/Experiment/Livestock etc., hypotheticated dtd. 15-09-2015.
Exh. 15- Deed of Hypothecation.
Exh. 16- Original Letter of Undertaking dated 28-08-2015.
Exh. 17- Standing Instruction Form.
Exh. 18- Original Certificate Insurance Policy dtd. 30-03-2018.
Exh. 19- Original Legal Notice dtd. 23.03.2018 and proof of Dispatch.
Exh. 20 – Original Statement of Accounts.
Exh. 21 – Original Bankers Book Evidence Act.
Exh. 22 – The Certificate under section 2- A of the Amended Bankers’ Book Evidence Act, 1891 as prescribed in the Schedule III if the Information Technology Act, 2000.
Exh. 23 – Particulars of Claim.
Exh. 24 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 16-02-2022 for ex parte argument.
Next Purpose: FOR___________________
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: None for plaintiff.
Matter is adjd.to 18-02-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Noman Farooque Shaikh for plaintiff present.
Matter is adjd.to 25-02-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: None for plaintiff.
Matter is adjd.to 03-03-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv. Fatima Lakdawala for plaintiff present.
Heard Ld. Adv. Fatima Lakdawala for plaintiff
Matter is adjd.to 04-03-2022 for ex pare Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: None for plaintiff.
Exh.25 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 278/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs. 8,25,317/- (Rupees Eight Lakhs Twenty-five Thousand Three Hundred Seventeen Only )to the plaintiff with interest @10.20 percent p.a. with monthly rest from the date of the suit till the date of realization within three months from the date of decree.
3. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 04-03-2022