Date: 24-09-2018
Business: Adv. Kulkarni for pltff present.
Adv. for deft. absent.
Issue writ of summons.
Matter adjd to21.11.2018 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-11-2018
Date: 21-11-2018
Business: Adv.Pradnya Kulkarni for pltff present.
Adv. for deft. absent.
Exh.1 - Plaint
Exh. 2 - Vakalatnama
Exh. 3- Address memo
Exh. 4- List of document.
Exh. 5 - Affidavit of service filed by pltff. A/w original writ of summons.
According to it envelop sent to deft no. 1 returned with endorsement unclaimed. The service is proper. Deft no. 1 is absent. Proceeded exparte. Similarly envelop sent to deft no. 2 returned with endorsement left. Service is not proper.
Matter adjd to 1.2.2019 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-02-2019
Date: 01-02-2019
Business: Adv. Rony P.J. for pltff present.
Adv. for deft. absent.
Matter adjd to 14.3.2019 Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-03-2019
Date: 14-03-2019
Business: court is on leave
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-06-2019
Date: 03-06-2019
Business: Adv. Ms. Jayanti Balkrishnan for Plaintiff present.
Adv. for Defendant present.
Exh.6- Application filed by plff adv. Ms. Balkrishnan for issue fresh writ of summons.
O- Application is allowed.
Matter is adjd.for writ of summons on 06.08.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: Court is on Judicial Training.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Adv. Mr. Ruchi Bagwe for plaintiff present.
None for defendant present.
Exh.7- Tendered affidavit of service along-with writ of summons of plff- As per postal endorsement deft no.2 has left the address.
Matter is adjd. for steps on 10.02.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Advocate Rony P. J. for plaintiff is present and filed draft C/S. Leave is granted to register.
None present for defendant.
K.B.
L.O. at 01.05 p.m.
Advocate for plaintiff filed registered C/S No. 250/20.
ORDER ON C/S No. 250/20
C/S No. 250/20 is hereby allowed.
Adjourned for compliance to 19.03.2020.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Both the parties and their advs are absent.
Adjourned for compliance to 09.04.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 31-07-2020
Date: 31-07-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: None present for plaintiff.
Adjourned for Compliance in view of Ch/s no.250/20 to 31.10.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for compliance to 06.02.2021.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv. Rony for plaintiff present.
None for defendant
Matter is adjd.to 08-03-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Mr. Deepak Agawane h/f Rony for plaintiff, submitted service affidavit- Exh.8.
In view of Exh.8, summons is served on deft. nos. 1 and 2 by paper publication in two news papers. Hence, suit to proceed Ex-parte.
None for defendant.
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 08.04.2021 for evidence (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None for both sides.
In view of message from Addl. Registrar (Ms.S.S. Dhakane), matter is reallotted to this Court.
Matter is adjd.to 24.06.2021 for R/E (exparte)
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 15.07.2021 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Adv. Rony for plaintiff present.
Matter is adjd.to 14-10-2021 for (ex-parte) R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv. Deepak Aagawane h/f Adv. Rony for plaintiff present.
Defendants no. 1 and 2 are duly served with writ of summons as per copies of paper publications filed with affidavit of service Exh. 8, but they failed to appear, hence suit to proceed ex parte against defendants no. 1and 2.
Matter is adjd.to 26-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv. Deepak Aagawane for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 20-12-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Ruchi Bagwe for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 20-01-2022 for Ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: None for plaintiff.
Matter is adjd.to 22-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Adv. Priyanka Bapat for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd. to 19/3/2022 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv. Jayanthi K. B. for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 19-04-2022 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv. K. B. Jayanti for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 13-06-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv. K. B. Jayanthy for plaintiff present and seeks time to file evidence.
Adjd for exparte evidence to 08/07/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv. Pranali Mahajan for plaintiff present and seeks time to file exparte evidence.
Adjd for exparte evidence to 12/07/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Exh-9 Adv. Pranali Mahajan for plaintiff present and tendered application for adjournment to file affidavit of evidence. O- Granted
Adjd for exparte evidence as last chance to 19/07/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Mr. Rony for plaintiff present.
Mr. Jyoti Ranjan Mishra, Witness of plaintiff present.
Exh-10 Affidavit of evidence of Jyoti Ranjan Mishra filed by adv. for plaintiff. O- Read and recorded in evidence.
Exh-11 Compilation of documents filed by adv. for plaintiff. O- Filed.
Exh-12 Loan application.
Exh-13 Sanction letter dt. 10.12.2015
Exh- 14 Demand promissory note dt. 10.12.2015
Exh- 15 Hypothecation cum Loan Agreement
Exh-16 Multipurpose document dt. 10.12.2015
Exh- 17 Guarantee agreement dt. 10.12.2015
Exh-18 Copy of complaint dt. 25.07.2016
Exh- 19 Copies of legal notice dt. 09.02.2018 with A.D card and returned cover.
Exh-20 Particulars of claim along with statement of account and certificate.
Exh-21 Authority Letter.
Adjd for further evidence/exparte arguments to 26/07/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Mr. Rony for plaintiff present.
Exh-22 Evidence closing pursis filed by adv. for plaintiff. O- Read and recorded
Heard arguments of adv. Rony for plaintiff.
Adjd for exparte judgment to 28/07/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: None for plaintiff.
None for defendant.
Exh-23 Judgment
Court pronounced judgment in open court.
FRSR the following order is passed
ORDER
1. Commercial Suit No. 215 of 2021 is decreed with costs.
2. The defendants do pay an amount of Rs.8,30,620/- (Rs. Eight Lakh Thirty Thousand Six Hundred and Twenty Only) to the plaintiff along with interest at the rate of 10.15 percent per annum from the date of filing of the suit till realization within 3 months from the date of this decree.
3. Defendants shall bear the costs of the suit.
4. Court fee, if any, be refunded to the plaintiff as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 28-07-2022