Date: 25-09-2018
Business: P.O. is on Mediation Training
Next Purpose: DIRECTIONS
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Adv. Pradeep Bhor Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff filed service affidavit. t.o.r.
As per service affidavit deft served by RPAD as per postal report it was reported left. Hence no proper service. Plff to take necessary service.
Ld counsel for the Plff tendered draft CS along with affidavit.
Order- Heard. Leave granted. CS be registered. Copy be served upon otherside. Service affidavit be filed.
Adj. For CS Returnable and CS of Affidavit of Service on 01/04/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Adv. Triveni Tatave Present for the Plff.
None Present for the Deft.
Ld counsel for the plff tendered registered CS 212/19 alongwith affidavit. t.o.r.
Ld counsel for the CS for the plff sought time to file service affidavit of CS 212/19. Granted.
Adj. For Affidavit of service of CS 212/19 on 02/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Adv. Priya Nigvekar for plaintiff present.
Exh.3 Ld. Counsel for plaintiff filed service affidavit. TOR.
There is no service on defendant.
ORDER BELOW CS NO.212/19
The matter is for service of writ of summons on defendant. Mean while plaintiff has filed this CS for amendment regarding addiction of one more address of defendant in title clause. Considering the nature of amendment it is allowed without issuing notice to other side. Plaintiff to carry out necessary amendment. After amendment plaintiff to take necessary steps for writ of summons to defendant.
Matter adjd for compliance on 04/10/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Exh.4 By Praecipe
Adv. Priya Nigvekar for plaintiff present.
Exh.5 Application by plaintiff for extension of time to carry out the amendment. TOR. ORDER In view of submission made in the application time is extended to carry out the amendment.
Matter already adjd for compliance on 04/10/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Adv. Wasima Kazi for plaintiff present.
Ld counsel for plaintiff filed Draft CS alongwith affidavit. TOR.
ORDER Heard. Leave granted. CS is made absolute regarding prayer clause (b) and (c). Plaintiff is allowed for substitute service by way of paper publication in newpapers mentioned in prayer clause (b). On publication plaintiff to produce copies of newpapers on record. CS be registered for statistical purpose.
Matter adjd for filing registered CS and service affidavit on 16/12/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. Fatima Lakdawala prsent for the plff.
Adv. for plff filed service affidavit. Order-Seen.
Matter adj for passing order against deft on 23/03/2020.
Next Purpose: ORDER
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: ORDER
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: ORDER
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: ORDER
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 30-06-2020
Date: 30-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National Lockdown
Next Purpose: ORDER
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Business: National Lockdown
Next Purpose: ORDER
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Both parties and their advocates are absent when called out.
The plaintiff tendered service affidavit dated 16.12.2019 alongwith newspaper \''Express General\'' and \''Navashakti\'' suit summons is duly served on the defendant. The defendant is not appeared. Hence, this suit is proceed ex-parte against the defendant.
Adjourned for (ex-parte) evidence to 28.10.2020.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Advocate Amita Mungekar for plaintiff is present.
None present for defendant.
Adjourned for (ex-parte) evidence to 12.01.2021.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Adv. Wasima Kazi h/f Adv. Fatima for plaintiff, prayed for adjournment.
None for defendant
Matter is adjd.to 28-01-2021 for Evidence (ex-parte)
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv. Vasima h/f Adv. Fatima for plaintiff, prayed for adjournment.
None for defendant
Matter is adjd.to 11-02-2021 for R/E (ex-parte)
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv. Ms. Wasima h/f Fatima for plaintiff, prayed for short adjd. as r/o. 11.03.2021 to lead evidence.
None for defendant
In view of notesheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and notesheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The Commercial Court.
Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 11.03.2021 for R/E (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Ms. Wasima Kazi for plaintiff present.
None for defendant.
Matter is adjd.to 16.04.2021 for evidence (ex-parte).
Next Purpose: EX-PARTE 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 25.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Due to COVID
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: None for plaintiff.
The plaintiff is directed to lead evidence on next date.
Matter is adjd.to 07-09-2021 for (ex-parte) R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. Fatima Lakdawala for plaintiff and witness Pramod Singh present and filed affidavit of evidence of PW-1 Pramod Singh , T.O.R. and marked as Exh.6
List of documents T.O.R and marked as Exh.7
PW-1 Pramod Singh stated on oath that affidavit Exh.6 bears his signature and contents therein are correct. He also proved documents filed with list Exh.7 and they are as under
Exh.8 – Copy of power of attorney.
Exh.9 – Original application form for loans to MICRO & Small Enterprises (MSE\''s)
Exh.10 – Original proforma Invoice.
Exh.11 – Original of application for vehicle Loan.
Exh.12 – Original Form NF-373 particulars of vehicle/Machinery/equipment/Livestock etc., hypothecated.
Exh.13 – Original Deed of Hypothecation.
Exh.14 – Original Loan Application & Interview cum appraisal form.
Exh.15 – Original letter of undertaking.
Exh.16 – Office copy of Notice issued to Defendant along with the proof of Dispatch, service acknowledgement.
Exh.17 – Statement of accounts.
Exh.18 – Bankers Books Evidence Act.
Exh.19 – Certificate under section 2-A of the Bankers Book Evidence Act.
Exh.20 – Particulars of claim.
Exh.21 – Evidence closed pursis - seen.
Matter is adjd.to 18-09-2021 for Ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Both parties are absent when matter called out.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Both parties are absent when matter called out.
Matter is adjd.to 30-10-2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: None for plaintiff.
Matter is adjd.to 20-11-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: None for plaintiff.
Matter is adjd.to 03-12-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Snepy Ambawat for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 9-12-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Shweta Jalgaonkar h/f Fatima Lakdawala for plaintiff present.
Heard Ld. Adv. Shweta Jalgaonkar for plaintiff.
Exh. 22- Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.260/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs.8,11,255/- (Rupees Eight Lakhs Eleven Thousand Two Hundred Fifty-five Only )to the plaintiff with interest @ 11.05 % p.a. with monthly rest from the date of the suit till the date of realization within three months from the date of decree.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 09-12-2021