Date: 07-12-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Court is Vacant.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Advocate Shailaja Shukla for plaintiff is present.
None present for plaintiff.
Issue writ of summons.
Adjourned for writ of summons to 14.02.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Advocate Mugdha Sawant for plaintiff is present and filed affidavit of service at Exh. 06.
None present for defendant.
Adjourned for order on affidavit of service to 28.02.2020.
Judge
Next Purpose: ORDER
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Both the parties and their advocates are absent.
Adjourned for order to 07/03/2020.
Next Purpose: ORDER
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: ORDER
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: ORDER
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: ORDER
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: None present.
Adjd for arguments on service of writ of summons to 13/07/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Business: National Lockdown
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Business: National Lockdown
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Covid -19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for affidavit of service to 21.01.2021.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 04-03-2021 for affidavit of service.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Adv. Ms. Mugdha Sawant for plaintiff, prayed for short date to take steps.
None for defendant.
Matter is adjd.to 06.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv. Mr. Vrushabh Mishra for plaintiff present.
None for defendant.
Matter is adjd.to 10.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Ms. Mugdha Sawant for plaintiff, prayed for adjournment to take steps.
None for defendant.
Matter is adjd.to 17.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Mr. Rushabh Mishra for plaintiff present.
None for defendant.
Exh.2- Application submitted by plff. for writ of summons- Granted r/o. 08.04.2021
Matter is adjd.to 08.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None for both sides.
Matter is adjd.to 8.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 17.08.2021 for writ/sum.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: None for plaintiff.
Plaintiff is directed to issue writ of summons to the defendants failing which necessary order will be passed on the next date.
Matter is adjd.to 23-09-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv. Saraswati Purohit for plaintiff present and filed affidavit of service with fresh original writ and two acknowledgments t.o.r. and marked as Exh.3
None for defendants.
Matter is adjd.to 07-10-2021 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv. Shraddha Agarwal for plaintiff present.
Both defendants are duly served writ of summons as per acknowledgment annexed with affidavit of service Exh. 3, but they failed to appear. Hence, suit to proceed ex parte against both defendants.
Matter is adjd.to 17-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv. Saraswati Purohit for plaintiff along with witness Pramod Kumar Singh present and filed evidence affidavit of witness Pramod Kumar Singh t.o.r. and marked as Exh. 4
She also filed list of documents t.o.r. and marked as Exh. 5
She also filed statement of truth t.o.r. and marked as Exh.6
Oath is administered to witness Pramod Kumar Singh . He stated on Oath that evidence affidavit Exh.4 bears his signature and contents therein are correct. He also proved documents filed with list Exh.5 and they are Exhibited as under -
Exh. 7 – Copy of Power of attorney.
Exh. 8 – Original loan application.
Exh. 9 – Original sanction memorandum.
Exh. 10 – Original letter of undertaking.
Exh. 11 – Original particulars of vehicle.
Exh. 12 - Original deed of hypothecation.
Exh. 13 – Original acknowledgment of debt and security.
Exh. 14 colly – Legal notice with postal receipts.
Exh. 15 – Statement of account.
Exh. 16 – Particulars of claim.
Exh. 17 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 20-12-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-11-2021
Date: 17-11-2021
Business: Adv. Saraswati Purohit for plaintiff along with witness Pramod Kumar Singh present and filed evidence affidavit of witness Pramod Kumar Singh t.o.r. and marked as Exh. 4
She also filed list of documents t.o.r. and marked as Exh. 5
She also filed statement of truth t.o.r. and marked as Exh.6
Oath is administered to witness Pramod Kumar Singh . He stated on Oath that evidence affidavit Exh.4 bears his signature and contents therein are correct. He also proved documents filed with list Exh.5 and they are Exhibited as under -
Exh. 7 – Copy of Power of attorney.
Exh. 8 – Original loan application.
Exh. 9 – Original sanction memorandum.
Exh. 10 – Original letter of undertaking.
Exh. 11 – Original particulars of vehicle.
Exh. 12 - Original deed of hypothecation.
Exh. 13 – Original acknowledgment of debt and security.
Exh. 14 colly – Legal notice with postal receipts.
Exh. 15 – Statement of account.
Exh. 16 – Particulars of claim.
Exh. 17 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 20-12-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2021
Date: 20-11-2021
Business: Adv. Rushabh Mishra h/f Adv. Rajkumar Shukla for plaintiff present
Heard Ld. Adv. Rushabh Mishra for plaintiff
Exh. 18- Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 178/2019 is partly decreed.
2. The defendants are directed to pay amount of Rs. 5,98,071.28/- (Rupees Five Lakhs Nighty-eight Thousand Seventy-one and Paise Twenty-eight Only )to the plaintiff with interest @ 9.70% 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: 20-11-2021