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.
Defendant in person present.
Matter is adj for filing written statement by defendant on 08/02/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-02-2019
Date: 08-02-2019
Business: Adv. Jyostna Putran for plaintiff present.
Defendant in person present.
Matter adj for filing written statement on 01/03/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: Adv. Jyostna Putran for plaintiff present.
Defendant in person present.
Matter adj for written statement on 25/03/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Adv.Amrit Vora for plaintiff present.
Defendant failed to file written statement hence suit proceeded \''without written statement\'' against defendant.
Matter adj for evidence \''without ws\'' on 01/08/19.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: Plaintiff present.
Defendant absent.
Adv.Sivoj Sule for plaintiff present.
Adv.for defendant absent.
Adv for plaintiff tender affidavit of evidence - Verified
Adv for plaintiff filed list of documents
LO.
Defendant is appear, copy of affidavit and list of document is tender to her.
Matter adjd to 19.09.2019 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender adjournment application - Allowed.
Matter adjd to 02.12.2019 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: COURT IS ON LEAVE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff present.
Adv.Putra for defendant absent.
Witness present.
Advocate for plaintiff tender additional affidavit.
Matter adjd to 13.04.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: Commercial Suit No. 234/2020
None present.
As per office order No. 94 of 2020 dated 18.06.2020 board dated- 24.06.2020 is adjd to 10.07.2020.
Judge
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-08-2020
Date: 14-08-2020
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.8 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.9 t.o.r. O-filed.
Affidavit of evidence of plaintiff, Exh.10 t.o.r. O-filed.
List of document, Exh.11 t.o.r. O-filed.
O-Document Sr.No.1 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.12 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.13.
Undertaking filed by Adv.of plaintiff, Exh.14.
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 26.4.2021 for Order.
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: 30-08-2021
Date: 30-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.01 pm
None present.
Matter adjd to 22.09.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Matter Su-motto taken on board today. The Ld.Adv.Jyotsna Putran for plaintiff present. She mentions that this case was listed on 06.08.2021 a/w. Com. SU No.144/2021 for both these matter next date was given as 31.08.2021, however, the present suit No.147/2021 was on board dated 30.08.2021.
Verified the physical board of 06.08.2021 for Commercial Suit No.147/2021, next date is mentioned as 31.08.2021. It appears that this matter was taken on 30.08.2021 as in CIS wrong date was feed, hence, matter is taken on today\''s board.
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.8 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.13.
2. The document at Sr. No.2 is application form dated 23.06.2015. It is marked as Exh.15.
3.The document at Sr. No.3, Loan application and interview cum appraisal forms dated 23.06.2015. It is marked as Exh.16.
4.The document at Sr. No.4, letter of the defendant dated 23.06.2015. It is marked as Exh.17.
5. The document at Sr. No.5, sanction letter dated 23.06.2015. It is marked as Exh.18.
6. The document at Sr. No.6, letter of undertaking re-loan/advance dated 23.06.2015. It is marked as Exh.19.
7. The document at Sr. No.7, Deed of Hypothecation re-vehicle dated 23.06.2015. It is marked as Exh.20.
8. The document at Sr. No.8, plaintiff advocate notice dated 22.05.2018. It is marked as Exh.21.
9.The document at Sr. No.9, Postal Receipt. It is marked as Exh.22.
10.The document at Sr. No.10, Returned envelop with remark UNCLAIMED. It is marked as Exh.23.
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 15.05.2015-. It is marked as Exh.24.
13.The document at Sr. No.13, Statement of Account. It is marked as Exh.25.
14. The document at Sr. No.14, Certificate U/S 65B. It is marked as Exh.26.
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. Ms.Jyotsna Puthran for plaintiff present.
None present for defendant.
K.B.for filing evidence.
L.O. at 12.30 p.m.
Adv. Ms.Jyotsna Puthran for plaintiff present.
The plaintiff has filed Statement of Truth t.o.r. makred as Exh.27
The plaintiff tendered affidavit of evidence of Pramod A. Singh (PW No.2) t.o.r. marked as Exh.28 O-Read and Record.
The plaintiff tendered list of documents t.o.r marked as Exh.29
O-filed.
Witness Mr.Pramodkumar Singh is examined on oath. In his evidence statement of account marked as Exh.30.
Copy of Power of Attorney marked as Exh.31.
The plaintiff filed evidence close pursis t.o.r. marked as Exh.32.
Heard argument of Adv. for plaintiff.
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.6,79,283.17 (Rupees Six Lacs Seventy Nine Thousand Two Hundred Eighty Three and Paise Seventeen) alongwith interest at the rate of 10 percent per annum from the date of filing of suit till its realisation.
3. Decree be drawn up accordingly
Nature Of Disposal: DECREED
Disposal Date: 28-09-2021