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 acknowledgement placed on record. When called deft absent. None appeared for the Deft. Hence suit proceeded Ex-parte against deft.
Adj. For Ex-parte Evidence on 08/04/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: Adv. Ms. Fatima Lakdawala Present for the Plff.
None Present for the deft. Proceeded Ex-parte.
On the oral request of the Ld counsel for the plff. Adj. granted.
Adj. for Ex-parte Evidence on 08/08/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Adv. Aakshada Patel for plaintiff present.
Suit proceeded exparte against defendant.
Matter adjd for exparte R/E on 10/10/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Adv. Fatima Lakdawala for plaintiff present.
Suit proceeded exparte.
PW-01 is present.
Exh. Evidence affidavit of PW-01 Nishant Sinha. TOR.
Exh. List of documents. TOR.
Matter adjd for exparte R/E on 10/12/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Pooja Goriya for plaintiff present.
None for defendant.
Suit already proceeded ex-parte against defendant.
KB. L.O. at 12.31 pm
Adv Vasima Kazi h/f Patima Lakdawal for plaintiff present.
Plaintiff witness - Nishant Sinha (Bank Officer) present.
Heard ld Adv for plaintiff on admissibility of documents.
Matter adjd for order on documents of plaintiff to 14-03-2020 at 11.00
Next Purpose: ORDER
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Adv. Vasima Kazi for plaintiff present.
None for defendant.
The matter is transferred to C.R. 31 as per office order no. 60/2020 dated 11-03-2020.
Matter adjd for order on admissibility of documents to 19-03-2020 at 11.00 am.
Next Purpose: ORDER
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Both parties and their advs are absent.
Adjourned for Exparte Evidence to 3.04.2020.
Next Purpose: ORDER
Next Hearing Date: 30-04-2020
Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 21-05-2020
Date: 21-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Business: Advocate Fatima Lakadawala for plaintiff is present.
None present for defendants.
Adjourned for argument on Exh. 04 to 10.08.2020.
Next Purpose: HEARING
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: National Lockdown
Next Purpose: HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Adv. Fatima Lakdawala for Plaintiff present.
None present for Defendants.
Adjourned for Hearing on Exh.04 on 26.10.2020.
Next Purpose: HEARING
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: Both parties and their Advocates are absent when called out.
Adjourned for R/E (hearing on Exh.4) on 07.12.2020.
Next Purpose: HEARING
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Advocate Fatima Lakdawala for plaintiff present.
None present for defendant.
Adjourned for exparte evidence R/E on 07.01.2021.
Next Purpose: HEARING
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv. Deepa Yadav h/f Adv. Fatima Kadri for plaintiff submits that previous affidavit of PW (Nishant Sinha)- 1 is not pressed as he is transferred. It is permitted to file affidavit of another witness.
None for defendant.
Adv. Yadav prayed for adjournment.
Matter is adjd.to 28-01-2021 for Hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv. Ashrafiajahan for plaintiff , prayed for adjournment.
None for defendant
Matter is adjd.to 18-02-2021 for hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: None for plaintiff and 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 18.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Ms. Wasima Kazi for plaintiff present.
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 26.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Court is on Leave
Next Purpose: HEARING
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 05.08.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 16-09-2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Both parties are absent when matter called out.
Matter is adjd.to 18-10-2021 for Hrg.
Next Purpose: HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv. Shweta Jagaonkar for plaintiff present.
Matter is adjd.to 16-12-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Adv. Snepy Ambawatfor plaintiff present and filed evidence affidavit of witness Pramod Kumar Singh t.o.r. and marked as Exh. 5
Matter is adjd.to 05-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: Adv. Snepy Ambawat along with witness Pramod Kumar Singh present.
Oath is administered to witness Pramod Kumar Singh. He stated on Oath that evidence affidavit Exh. 5 bears his signature and contents therein are correct. He also proved documents filed with list Exh.4 and they are Exhibited as under -
Exh. 6 – Copy of Power of Attorney of Mr. Nishant Sinha
Exh. 7 – Original application form for Loans to Micro and Small Enterprises.
Exh. 8 – Original proforma Invoice.
Exh. 9 – Original Sanction Letter
Exh. 10 – Original Form NF- 373 particulars of Vehicle/machinery/equipment/livestock etc., Hypothecation
Exh. 11 – Original Deed of Hypothecation
Exh. 12 – Original copy of loan application and interview cum appraisal form
Exh. 13 – Original letter of undertaking
Exh. 14 – Original standing instruction undertaking form
Exh. 15 colly – Copy of legal notice and proof of dispatch
Exh. 16 – Original SOA
Exh. 17 – Original bankers Book Evidence Act
Exh. 18 colly – Original certificate u/s 2 – A of the amended bankers book evidence act, 1891 as prescribed in the schedule III of the IT act, 2000.
Exh. 19 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 08-02-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Adv. Ms. Kurutulain Shaikh h/f Adv. Fatima Lakdawala for plaintiff present.
None for defendant.
Heard Adv. Ms. Kurutulain Shaikh.
Matter is adjd.to 09-02-2022 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: None for plaintiff.
Exh.20 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 277/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs. 8,43,086/- (Rupees Eight Lakhs Forty-three Thousand Eight-six Only )to the plaintiff with interest @9.7% 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: 09-02-2022