Date: 06-08-2018
Business: Adv. Ms. Vora for pltff present.
Adv. for deft. present.
Issue writ of summons.
Matter adjd to11.10.2018 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-10-2018
Date: 11-10-2018
Business: Adv. Putran for pltff present.
Adv. for deft. absent.
Exh. 1 Plaint.
Exh. 2 V/N
Exh.3 Address memo
Exh.4 List of document
Exh. 5 Service affidavit filed by plff.
According to it envelope received back with endorsement left. Service not proper.
Matter adjd to 11.12.2018 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-12-2018
Date: 11-12-2018
Business: Adv. Putran for pltff present.
Adv. for deft. present.
Tender draft Ch/s.
order- leave is granted for registration.
LO
Adv. Sule for pltff present.
Registered Ch/s No. 2268/18 tender by pltff
Order-below Ch/s No. 2268/18 (Uncontested).
Ch/s No. 2268/18 is allowed in terms of prayer clause (a).
Matter adjd to 13.02.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: Pltff present.
Adv. putran for pltff present.
Deft and Adv. for deft. absent.
Exh. - Affidavit of service filed by pltff.
Order- According to service affidavit writ of summons served by paper publication. The service is proper deft is absent.
Hence proceeded Ex-Parte.
Matter adjd to 08/04/2019 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: Adv.Ms. Utaran for Plaintiff present.
None for Defendant present.
Matter is adjd.for ex-parte evidence on 10.07.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Business: Adv. Mr. Sule for plaintiff present.
None for defendant present.
PW-1 Mr. Ishant Sinha present.
Exh.7- Affidavit of evidence of Mr. Ishant Sinha.
Exh.8- Compilation of documents.
In view of evidence of PW-1 documents are marked as follows.
Exh.9- Power of attorney.
Exh.10- Application form dtd. 19.06.2015.
Exh.11- Loan application and interview cum appraisal form dtd. 24.06.2015.
Exh.12- Letter of deft. dtd. 24.06.2015.
Exh.13- Sanction letter dtd. 24.06.2015.
Exh.14- Letter of undertaking dtd. 24.06.2015.
Exh.15- Deed of Hypothecation Re-vehicle dtd. Dtd. 24.06.2015.
Exh.16- Plff adv. notice dtd. 22.05.2018.
Exh.17- Postal receipt.
Exh.18- Return Packet of deft. as remark Unclaimed.
Exh.19- RC copy.
Exh.20- Invoice dtd. 15.05.2018.
Exh.21- Statement of account.
Exh.22- I.T. Certificate.
Exh.23- Evidence close pursis filed by plff..
Matter is adjd. for argument on 19.09.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Adv. Ms. Putran for plaintiff present.
None for defendant present.
Tendered written argument by plff.
Matter is adjd. for argument on 28.11.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Adv. Jyotsna Putran for Plaintiff present.
None for defendant.
Heard argument of adv. for Plaintiff.
Adjd. for Judgment to 29/11/2019.
Next Purpose: JUDGMENT
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Business: Adv. S.V. Sule for Plaintiff present.
None for defendant.
Adjd. for Judgment to 30/11/2019.
Next Purpose: JUDGMENT
Next Hearing Date: 30-11-2019
Date: 30-11-2019
Business: Adv. Ms. Putran for Plaintiff present.
None for defendant.
Exh.24 Exparte Judgment
F.R.S.R. following order is passed
ORDER
1. Suit is decreed.
2. Defendants shall pay Rs.8,39,418.00 (Rupees Eight Lac Thirty Nine Thousand Four Hundred and Eighteen Only) to plaintiff within 3 months from the date of suit with interest @ 9 percent p.a. on principal amount till its actual realization.
3. In the given circumstances, defendants to pay the cost to plaintiff.
4. Defendants or any person claiming through them are restrained by an order of injunction from alienating or creating third party interest in the four wheeler NISSAN SUNNY XLD 5 seater car having Chasis No.MDHBDAN17F1301905, and Registration No. MH04 GD 4429 till the recovery of entire decreetal amount.
5. Plaintiff bank is entitled to take physical possesses of four wheeler NISSAN SUNNY XLD 5 seater car having Chasis No.MDHBDAN17F1301905, and Registration No. MH04 GD 4429 and to sale the said vehicle for realization of the loan amount.
6. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 30-11-2019