Date: 23-08-2018
Business: Adv. Mrs. Putaran Present for the Plff.
Service awaited.
Adj. for Affidavit of service of writ of summons on 22/11/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2018
Date: 22-11-2018
Business: P. O. is on Mediation Training
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2019
Date: 18-02-2019
Business: H.H.J. is on Leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-04-2019
Date: 02-04-2019
Business: Adv. Putaran Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed service affidavit of writ of summons. t.o.r.
As per service affidavit deft served by way of RPAD with postal endorsement left. Hence it is not proper service. Plff to take steps.
Adj. For Steps on 05/08/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Adv. Putran for plaintiff present.
Adjd.for steps on 23.09.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: Adv. Sule for plaintiff present.
Ld counsel for plaintiff filed Draft CS alongwith affidavit. TOR.
ORDER CS is allowed. Plaintiff is permitted to serve writ of summons to defendant by way of publication in newspaper having vide circulation in said area. Plaintiff to produced copy of newspaper on record. CS be registered for statistical purpose.
Matter adjd for filing registered CS and service affidavit on 20/11/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: court is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. Sule for plaintiff present.
Adv. for defendant present.
Adv. for plff filed an application for extension of time for paper publication. Order Time extended for paper publication till next date.
Matter adjd to 26/02/2020 for CS
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. Puthran for plaintiff present.
None for defendant.
Perused roznama dated 23-09-2019. Draft CS is disposed off on 23-09-2019. Perused roznama dated 25-11-2019 by which time extended for paper publication till today.
The ld Adv for plaintiff seeks time for filing service affidavit. Time extended till next date.
Chamber Summons No. 1911/2019 is already disposed off on 23-09-2019
Matter adjd for tendering original registered CS no. 1911/2019 affidavit and service affidavit to 27-04-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Sivoj Sule for plaintiff present and filed affidavit of service of paper publication.
Adjd for exparte orders to 05/05/2021
Next Purpose: ORDER
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Court is vacant
Next Purpose: ORDER
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: ORDER
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Adv. Jytosna Putran for plaintiff present.
Plaintiff has already submitted service affidavit on 10.02.2021. It is marked as Exh.4.
As per service affidavit (Exh.4) and paper publication filed on record, deft. deemed to be served with summons by paper publication. But, he failed to tender his appearance before the Court. Therefore, suit be proceeded ex-parte against deft.
The matter is adjd for ex-parte evidence to 08.10.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Jyotsna Puthran for plaintiff present.
Exh.5 - Adv. For plaintiff filed affidavit of evidence of PW-1 Pramod Kumar Singh.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.6 - List of documents. T.O.R.
From the evidence of PW-1 Pramod Kumar Singh, following documents are proved, therefore, they are exhibited.
Exh.7 - Copy of power of attorney.
Exh.8 - Loan application.
Exh.9 - Appraisal form.
Exh.10 - Defendant\''s letter dated 30.07.2015.
Exh.11 - Sanction letter.
Exh.12 - Letter of undertaking.
Exh.13 - Hypothecation deed.
Exh.14 - Letter evidencing execution of documents.
Exh.15 colly. - Office copy of notice to defendant along with postal receipt and envelope.
Exh.16 - Copy of RC.
Exh.17 - Copy of invoice.
Exh.18 - Statement of account.
Exh.19 - Statement of truth.
Exh.20 - Adv. For plaintiff filed evidence closing pursis.
O. - Filed.
The matter is adjd for arguments to 14.10.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv. Jyotsna Puthran for plaintiff present.
Heard arguments of Adv. For plaintiff.
Exh.21 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is decreed with costs.
2. Defendant shall pay an amount of Rs.8,29,330/- (Rs. Eight Lacs, Twenty Nine Thousand, Three Hundred and Thirty only) with interest @ 11.70 percent p.a. to plaintiff from the date of the suit till it\''s realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
4. Decree thus follow.
Nature Of Disposal: DECREED
Disposal Date: 14-10-2021
