Date: 14-09-2018
Business: Adv. Bora Present for the Plff.
Issue fresh writ of summons against deft.
Adj. For Service affidavit of Writ of summons on 24/01/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2019
Date: 24-01-2019
Business: Adv. S. V. Sule Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff filed Service affidavit alongwith original writ of summons t.o.r.
as per service affidavit deft served by RAPD as per postal acknowledgement retuned with postal endorsement left. Hence Plff to take necessary steps for service
Adj. For Steps on 09/04/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2019
Date: 09-04-2019
Business: Adv. Ms. Putaran Present for the Plff.
None Present for the Deft.
Ld counsel for the plff sought time to take steps for service of writ of summons upon deft. granted.
Adj. for Steps on 08/08/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Adv. Amrin Vora for plaintiff present.
None present for defendant.
On the request of Ld. counsel for plaintiff time is granted for taking necessary steps for service of summons on defendant.
Matter adjd for steps on 11/10/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: Adv. Putran for plaintiff present.
Matter adjd for steps on 10/12/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv. Jyostana Putran for plaintiff present.
None for defendant.
Ld Adv for plff filed draft Chamber Summons along with affidavit. Heard Ld adv for plff. Leave granted to register C/S.
KB for order. L.O. at 4.28 pm.
Court busy in dictating judgment.
Matter adjd for tendering original registered disposed of CS along with affidavit and CS order to 11-03-2020 at 11.00 am.
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Adv. Jyotsna Puthran for plaintiff present.
None for defendant present.
Court busy in other matters
Matter adjd for order on draft C/S to 21-03-2020 at 2.45 pm
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for C/S order to 17.04.2020.
Judge
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Business: None present for plaintiff.
None present for defendants.
The matter is transferred from Court no. 20.
Both parties are directed to argue on C/S.
Adjourned for C/S hearing to 13.08.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for C/S hearing to 23.10.2020.
Judge
Next Purpose: C/S HEARING
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: As Court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: Both the parties and their advocate are absent when called out.
It is hereby by directed to the plaintiff to serve Writ of Summons to the defendant.
Adjourned for service of Writ of Summons on 16.01.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Josna Utran for plaintiff present.
None for defendant
Exh. 3 - application submitted by plaintiff to collect draft C/S and extension of time for registration - granted.
LO
Adv. Josna Utran for plaintiff submitted registered CS No. 218/21.
Perusal endorsement of postal department, defendant has left the address. Hence, summons by publication in local two news papers is allowed.
CS - 218/21 is disposed off.
Matter is adjd.to 19-04 -2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Adv. Jyotsna Puthran for plaintiff present.
Matter is adjd.to 16.06.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Court is on Leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Both the parties absent when called out.
Adjourned to 16.09.2021 for directions.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv. S. V. Sule for plaintiff present and filed service affidavit with copy of paper publication in Business Standard and Tarun Bharat dtd. 19-03-2021 t.o.r. and marked as Exh. 4.
The defendant failed to appear after service of writ of summons Exh. 4 in March 2021. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to 07-10-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv. Jyotsna Puthran for plaintiff present.
Adv. Jyotsna Puthran for plaintiff along with witness Pramod Kumar Singh present and filed additional evidence affidavit of witness Pramod Kumar Singh t.o.r. and marked as Exh.5
He also filed list of documents t.o.r. and marked as Exh. 6
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.6 and they are marked as Exhibited documents as under -
Exh. 7 – Copy of power of attorney.
Exh. 8 – Application form dtd. 09-07-2015
Exh. 9- Letter of defendant dtd. 15-07-2015.
Exh. 10 – Sanction Letter dtd. 15-07-2015.
Exh. 11- Letter of undertaking re loan advance dtd. 15-07-2015.
Exh. 12- Deed of hypothecation.
Exh. 13 - Plaintiff’s Advocate Notice dtd. 22-05-2018.
Exh. 14 – Postal Receipts.
Exh. 15 – returned envelope with remark “unclaimed”
Exh. 16 – RC Copy
Exh. 17 – Invoice of the dealer dtd. 16-05-2015.
Exh. 18 – Statement of Accounts.
Exh. 19 – IT Certificate.
Exh. 20 – Statement of truth.
Exh.21- Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 14-10-2021 for ex parte argument
Next Purpose: ARGUMENTS
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv. Jyotsna Puthran for plaintiff present.
Heard Ld. Adv. Jyotsna Puthran for plaintiff.
Matter is adjd.to 23-10-2021 for ex parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: Adv. Jyotsna Puthran for plaintiff present.
Exh. 22- Ex Parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 257/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs. 8,49,323.85/- (Rupees Eight Lakhs Forty-nine Thousand Three Hundred Twenty-three and Paise Eighty-five Only) to the plaintiff with interest @9.70% p.a. with monthly rest from 07/05/2018 till the date of realization within three months from the date of decree.
3. It is hereby declared that the said vehicle i.e. Nissan Sunny XLD 5 seater car having No. MH-04-GD-8888 is duly hypothecated in favour of the plaintiff for recovery of its dues and hypothecation of the said vehicle is valid, subsisting and enforceable against the defendant.
4. The said vehicle i.e. Nisaan Sunny XLD 5 seater car having No. MH-04-GD-8888 shall be sold and sale proceeds shall be applied/appropriated towards payment of the decretal amount to the plaintiff.
5. The defendant shall bear the costs of the suit.
6. The defendant and his firm M/s. Rakesh Tours & Travels are jointly and severally liable to make payment of the decretal amount to the plaintiff.
7. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 23-10-2021