Date: 06-08-2018
Business: Adv. A.I. Vora for plaintiff present.
Matter is adj for taking steps on 11/12/18.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-12-2018
Date: 11-12-2018
Business: Exh-2(Colly) Adv. Jyostna Putran for plaintiff tendered service affidavit along with writ of summons along with A/D receipt.
Matter is adj for passing order against defendant on 08/02/19.
Next Purpose: ORDER
Next Hearing Date: 08-02-2019
Date: 08-02-2019
Business: Adv. Jyostna Putran for plaintiff present.
Inspite of service on defendants failed to appeared before the court. Hence suit proceeded ex-parte against defendants.
Matter adj for ex-parte evidence on 02/05/19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-05-2019
Date: 02-05-2019
Business: Adv.Jyostna Putran for plaintiff tendered draft Chamber Summons alongwith affidavit.
O-Leave is granted to register the Chamber Summons.
Matter adj for filing service report on 27/08/19.
Next Purpose: SERVICE
Next Hearing Date: 27-08-2019
Date: 27-08-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff absent.
Adv.for defendant absent.
KB.
LO at 2.45p.m.
Adv. Amrin Vora for plaintiff present.
Order
1) Heard, Ld. Counsel for plaintiff.
2) Chamber summons No. 999/2019 is dismissed and disposed off.
3) In view of Exh.No. 2 and 2A defendant duly served proper service. Hence the suit is proceeded against him ex-parte.
Matter adjd to 01.10.2019 for report.
Next Purpose: REPORT
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Putharan for plaintiff present.
Adv.for defendant absent.
Matter adjd to 03.12.2019 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Representative of plaintiff present.
Defendant absent.
Adv.for plaintiff absent.
Adv.for defendant absent.
Representative of plaintiff tender affidavit in lieu of evidence @ list of document - TOR.
Matter ajdj 14.04.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-04-2020
Date: 14-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 17.10.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Business: As Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-11-2020
Date: 09-11-2020
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 25/11/ 2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
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 16.12.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv.Sivoj Sule for plaintiff present.
None for defendant.
Suit is proceeded Ex-parte, Thereafter plaintiff has filed evidence alongwith documents however fail to file statement of truth in support of documents.
Plaintiff is directed to file statement of truth on next date positively.
Adjd to 15.01.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Adv.Sule for plaintiff present.
None for defendant.
Adv. for plaintiff filed adjournment application.
O-Granted.
Matter adjd to 05-02-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv.Jyotsna Puthram for plaintiff present.
None present for defendant.
The plaintiff had filed application, Exh.6 substitute evidence of Manager Nishant Sinha by evidence of Jayita Sur as the manager Nishant Sinha is transferred. There is no impediment to permit the plaintiff to file evidence of new Manager Mrs.Jayita Sur. The application is allowed.
Statement of truth of Jayita Sur, Exh.7 t.o.r. O-filed.
Affidavit of evidence of plaintiff, Exh.8 t.o.r. O-filed.
List of document, Exh.9 t.o.r. O-filed.
O-Document be exhibited.
PW No.1- Mrs.Jayita Sur resumed on S.A.
Application filed by Adv.of plaintiff for taking on record original Power of Attorney and return back, Exh.10 t.o.r.
O-Original Power of Attorney be returned after comparing the copy with the original. Applicant to undertake to produce original Power of attorney as and when directed.
Copy of Power of attorney, Exh.11.
Undertaking filed by Adv.of plaintiff, Exh.12.
Matter adjd to 15.02.2021 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Reverting suit to original Court on 26.03.2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Matter taken on board by Court.
In view of notesheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment.
Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit.
Both the parties are absent.
Matter adjd to 03.04.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv.Rajneesh Dubey h/f. Sanjeev Kanchan and Co.for plaintiff present.
None present for defendant.
Adv. of plaintiff orally requested time. Time granted.
Matter adjd to 16.04.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2021
Date: 16-04-2021
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 20.4.2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 14.06.2021 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 24.06.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 1.7.2021 for R/E.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 08.07.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 14.07.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Adv.Jyotsna Putran i/b. M/s.Sanjeev Kanchan and Co. for plaintiff present.
None present for defendant.
Record shows that the plaintiff has filed affidavit of evidence of Jayita Sur as the earlier Manager Nishant Sinha has been transferred. Application, Exh.6 to that effect has been allowed. Documents on the basis of said evidence are yet to be marked as exhibit, hence, today, they are marked as exhibit as follows.
1.The document at Sr. No.1 is Power of Attorney of Nishant Sinha in place of whom evidence of Jayita Sur is adduced whose Power of Attorney is already marked as Exh.11.
2. The document at Sr. No.2 is application form dated 15.06.2015. It is marked as Exh.13.
3.The document at Sr. No.3, Loan application and interview cum appraisal forms dated 23.06.2015. It is marked as Exh.14.
4.The document at Sr. No.4, letter of the defendant dated 23.06.2015. It is marked as Exh.15.
5. The document at Sr. No.5, sanction letter dated 23.06.2015. It is marked as Exh.16.
6. The document at Sr. No.6, letter of undertaking re-loan/advance dated 23.06.2015. It is marked as Exh.17.
7. The document at Sr. No.7, Deed of Hypothecation re-vehicle dated 23.06.2015. It is marked as Exh.18.
8. The document at Sr. No.8, plaintiff advocate notice dated 23.05.2018. It is marked as Exh.19.
9.The document at Sr. No.9, Postal Receipt. It is marked as Exh.20.
10.The document at Sr. No.10, Returned envelop with remark UNCLAIMED. It is marked as Exh.21.
11.The document at Sr. No.11, RC Copy. It is xerox copy. It is marked as Article-X1.
12. The document at Sr. No.12, Invoice of the dealer dated 10.06.2015-. It is marked as Exh.22.
13. The document at Sr. No.13, Statement of Account. It is marked as Exh.23.
14. The document at Sr. No.14, Certificate U/S 65B. It is marked as Exh.24.
Matter adjd to 22.09.2021 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Plaintiff present.
Adv. Jyotsna Puthran for plaintiff present.
None present for defendant.
Evidence close pursis filed by Adv. for plaintiff t.o.r. marked as Exh.25.
Matter adjd to 27.09.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv.Jyotsna Puthran for plaintiff present.
None present for defendant.
As Court is busy in hearing argument in Com.SU No.122/19, Com.SU No.123/19 and SJ 40/21 and dictating order in chamber summons No.1173/21, 567/21 and 568/21, hence, matter adjourned to judgment on 28.09.2021.
Next Purpose: JUDGMENT
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: None present for plaintiff.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff the amount of Rs.8,24,420.89 (Rupees Eight Lacs Twenty Four Thousand Four Hundred Twenty and Paise Eighty Nine) alongwith interest at the rate of 10 percent per annum from 25.05.2018 till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 28-09-2021