Date: 07-01-2020
Business: Adv. Shraddha agarwal for plaintiff present.
Issue writ of summons to the defendant.
Adjd to 01.02.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Adv. Sawant for plaintiff
Adjd for service report to 06-02-2020
Next Purpose: REPORT
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: P.O. IS ON LEAVE
Next Purpose: REPORT
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Shailaja shukla for plaintiff filed
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Affidavit of service @ original writ of summons.
The affidavit of service exh.5 @ the original writ of summons and the RPAD acknowledgment show that summons has been delivered to defendants No.1 and 2. However, defendants No.1 and 2 failed to appear. Hence, suit to proceed Ex-parte against defendants No.1 and 2.
Adjd for Ex-parte evidence to Adv. Shailaja shukla for plaintiff filed
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Affidavit of service @ original writ of summons.
The affidavit of service exh.5 @ the original writ of summons and the RPAD acknowledgment show that summons has been delivered to defendants No.1 and 2. However, defendants No.1 and 2 failed to appear. Hence, suit to proceed Ex-parte against defendants No.1 and 2.
Adjd for Ex-parte evidence to 03-03-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: PW-1 Anup present. Adv. Shraddha agarwal for plaintiff filed
Exh.6- Evidence affidavit
Exh.7- List of documents.
Evidence close on behalf of plaintiff.
Heard arguments on behalf of plaintiff.
Adjd for judgment to 14-03-2020
Next Purpose: JUDGMENT
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Adv.Mugdha Sawant for plaintiff present.
Adv.for defendant absent.
Witness absent.
As per the oral request matter is adjourned on next date.
Matter adjd to 16.03.2020 for further examination in chief for proving documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Plaintiff a/w Adv. present.
None for defendant.
Matter adjd to 7/4/2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
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: 08-05-2020
Date: 08-05-2020
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: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2020
Date: 27-07-2020
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: 05-10-2020
Date: 05-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19/9/2020 and office order no.136 of 2020 dtd.30.9.2020 of this Court.
Matter adjd to 28/10/2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 5/11/2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-11-2020
Date: 05-11-2020
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 12.11.2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-11-2020
Date: 12-11-2020
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 02.12.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv.for plaintiff absent.
Adv.for defendant absent.
Matter adjd to 24/12/2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-12-2020
Date: 24-12-2020
Business: Wrongly posted on todays board.
Matter adjd to 04.01.2021 forR/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 14.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
None present for plaintiff.
None present for defendant.
Matter adjd to 06-02-2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 02.03.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv.Mugdha R. Sawant for plaintiff present.
None present for defendant.
Witness present.
KB
LO
Adv.Mugdha R. Sawant for plaintiff present.
Ld. Adv. seeks time to take steps to prosecute the suit. Time granted.
Matter adjd to 09.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv.Mugdha Sawant for plaintiff present.
None present for defendant.
Witness present.
Adv.of plaintiff filed application, Exh.8 for taking affidavit of evidence of Mr.Thirki Putal on record t.o.r. O-Allowed.
Affidavit of evidence of plaintiff, Exh.9 filed by Adv.of plaintiff t.o.r.
Matter adjd to 16.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv.Mugdha Sawant for plaintiff present.
None present for defendant.
Witness present.
KB
LO
Adv.Mugdha Sawant for plaintiff present.
Adv. of plaintiff filed application for submitting original Power of Attorney in the Court t.o.r. O-Allowed.
KB
LO
Adv.Mugdha Sawant for plaintiff present.
PW No.1- Mr.Thirki Putul resumed on S.A.
Copy of Power of Attorney, Exh.11
Original loan application cum sanction letter, Exh.12
General undertaking, Exh.13
Demand Promissory Note, Exh.14
Letter of general lien and set off for borrowing arrangements from the borrowers, Exh.15.
Agreement of Hypothecation, Exh.16
Application for credit facilities, Exh.17
Sanction Letter, Exh.18
Demand Promissory Note, Exh.19
Agreement of Hypothecation, Exh.20
Letter of acknowledgment debt by borrower, Exh.21
Application for credit facility, Exh.22
Demand Promissory Note, Exh.23
Hypothecation Agreement, Exh.24
Original letter of continuity, Exh.25
Letter of acknowledgment of debt, Exh.26
Notice issued through Adv.Rajkumar K. Shukla dated 02.02.2019, Exh.27.
Postal receipts, Exh.28 colly.
Acknowledgment cards, Exh.29 colly.
Computer generated statement of account of defendant, Exh.30.
Certificate U/S.2A of Banker\''s Book of Evidence Act, 1891, Exh.31
Application, Exh.32 filed by Adv. of plaintiff for return of original document (POA) t.o.r.
ORDER BELOW EXH.32
Original Power of Attorney, Exh.11 be returned after comparing the copy with the original. Applicant to undertake to produce original documents (Exh.11) as and when directed.
Undertaking filed by Adv.of plaintiff t.o.r.
O-filed.
Matter adjd to 18.03.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv.Mugdha Sawant for plaintiff present.
None present for defendant.
Evidence closure pursis, Exh.34 filed by Adv. of plaintiff t.o.r.
O-filed.
KB for argument.
LO
Adv.Mugdha Sawant for plaintiff present.
Heard Adv.Mugdha Sawant.
Matter adjd to 23.03.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: None preset for plaintiff.
None present for defendant.
Matter adjd to 24.03.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv.Saraswati Purohit for plaintiff present.
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 defendants are directed to pay to the plaintiff a sum of Rs.4,61,338/-(Rupees Four Lakhs Sixty One Thousand Three Hundred and Thirty Eight Only). The defendants are further directed to pay the plaintiff, the interest at the rate of 10 percent per annum on the principal amount of Rs.4,00,000/-(Rupees Four Lakhs Only) from the date of filing of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 24-03-2021