BANK OF BARODAVsM/s. Shiv Lahari Tours and Travels +1 more

Date: 07-01-2020
Business: Adv. Shraddha Agarwal for plaintiff present.
Defendants address shown in cause title of the plaint situate outside the jurisdiction of this court.  Therefore, issue Writ of summons against defendants for settlement of issues and filing W/s within period of 30 days from date of receipt of Writ of summons as per order 5 Rule 21 of CPC on bearing necessary charges by the plaintiff.
Adjourned for service report to 24.01.2020.
Next Purpose: REPORT
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Adv. Mugdha Sawant for plaintiff present.
She submitted that report of service of Writ of summons is awaited and sought time for submission of report.
Therefore, it is adjourned to 5.02.2020.
Next Purpose: REPORT
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Adv Shailaja Shukla for plff present.
She submitted that service report is awaited.  Hence, seeks adjournment.  Granted.
Matter stands Adj for service to 12/02/2020.
Next Purpose: SERVICE
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Adv Sarvesh Upadhyay for plff present.
He filed affidavit of service on deft. t.o.r.  It appears that summons served to deft through RPAD returned with remark \''unclaimed\''.  Summons is duly served on deft.  Deft remain absent.  Hence, suit to proceed ex-parte against deft.
Matter stands Adj for ex-parte evidence to 27/02/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: PW-1 Sunil Mahadev Sargar, representative of plff present.
Adv Mugdha Sawant for plff present.
She filed affidavit of examination-in-chief of PW-1. t.o.r.
She filed list of documents. t.o.r.
Document at sr. no. 1 (copy of power of attorney dated 27/08/2009) is marked as Exh. 05.  Original is returned to the witness after verification.
Document at sr. no. 2 (Original loan application dated 01/09/2016) is marked as Exh. 06.
Document at sr. no. 3 (Original loan sanction letter) is marked as Exh. 07.
Document at sr. no. 4 (Original letter of general lien and set off for borrowing arrangements from the borrowers) is marked as Exh. 08.
Document at sr. no. 5 (Original agreement of hypothecation) is marked as Exh. 09.
Document at sr. no. 6 (Office copy of advocates notice along-with two postal receipts and two returned envelopes) is marked as Exh. 10 (colly).
Document at sr. no. 7 (Copy of statement of account of defts) is marked as Exh. 11.
Document at sr. no. 8 (Particulars of claim) is marked as Exh. 12.
Adv for plff filed evidence closing pursis. t.o.r.
Matter stands Adj for arguments to 13/03/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv.Mugdha Sawant for plaintiff present.
Adv.for defendant absent
Heard, Ld counsel for plaintiff.
FRSR - Following order is passed -
ORDER
1) Suit is decreed with costs.
2) Defendants do pay jointly and severally principal amount of  Rs. 5,98,953.51/- with interest @ 10.15% p.a. to the plaintiff till realization of entire amount within three months.
3) Necessary court fee stamp be refunded to the plaintiff if rule permits.
4) Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 13-03-2020

Registration Number: 100229/2019
Transfer Date: 12-03-2020
From Court: 2 - COURT 02 ADDL SESSIONS JUDGE
To Court: 32 -

Filing Number: 107653/2019
Filing Date: 11-07-2019
First Hearing Date: 07th January 2020
Decision Date: 13th March 2020
Court Number And Judge: 32-