Date: 01-10-2018
Business: Adv. Fatima Lakdawala Present for the Plff.
Issue fresh writ summons against deft.
Adj. For Affidavit of service of writ of summons on 12/02/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-02-2019
Date: 12-02-2019
Business: Adv. Priya Nigvekar 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 is not served properly. Hence plff to take necessary steps.
Ld counsel for the Plff filed Draft CS alongwith affidavit.
Order- Heard. Leave Granted to register the CS for statistical purpose, as it is made absolute in terms of prayer clause-(a,b,c) for publishing the writ of summons upon deft for service in daily news paper Free Press Journal English and Navshakati Marathi having wide circulation in local area. No order as to costs. Service affidavit be filed.
Adj. For Service affidavit on 26/04/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Adv. Priya Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed registered CS 318/19 alongwith affidavit.
Ld counsel for the plff filed application for extension of time. t.o.r.
Order- Heard. Allowed as prayed. Service affidavit be filed.
Adj. for Service affidavit on 09/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Adv. Priya Nigvekar for plaintiff present.
Plaintiff tendered original writ of summons.
Exh.4 Service affidavit by plaintiff. TOR.
The copies of newspapers are traced on record. So substitute service is over. None appeared for defendant. Suit proceeded exparte.
Matter adjd for exparte R/E on 07/11/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: Adv. Rupali Tike for plaintiff present.
Suit proceeded Ex-parte against Deft.
Matter adjd. 18.12.2019 for R/E Ex-parte
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Rupali Tike for plaintiff present.
Matter is already proceeded ex-parte.
On the oral request of the Ld counsel for the plff matter is adjourned.
Matter adjd for 13/03/2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. Wasima Kazi for plaintiff present.
None for defendant present.
Adv. for plaintiff seeks time to lead evidence.
The matter is transferred to C.R. 31 as per office order no. 60/2020 dated 11-03-2020
Matter adjd for ex-party evidence to 23-03-2020 at 11.00 am
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Advocate Amita Mungekar for plaintiff.
None present for defendant.
Adjourned for (ex-parte) evidence to 07.01.2021.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv. Deepa Yadav h/f Adv. Fatima Kadri for plaintiff, prayed for adjournment.
None for defendant
Matter is adjd.to 28-01-2021 for evidence/hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv. Ashrafiajahan for plaintiff , prayed for adjournment.
None for defendant
Matter is adjd.to 18-02-2021 for hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: None for plaintiff and defendant.
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet 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 18.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Date: 26-04-2021
Business: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Court is on Leave
Next Purpose: HEARING
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 09.08.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: None for plaintiff.
On perusal of record its appear that (ex-parte) order is passed on 07-11-2019 and matter is pending for (ex-parte) evidence, but the plaintiff failed to adduce evidence. Hence, the plaintiff is directed to lead evidence failing which necessary order will be passed.
Matter is adjd.to 24-08-2021 for (ex-parte) evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: None for plaintiff.
Matter is adjd.to 15-09-2021 for (ex-parte) evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Both Parties are absent when called out.
Matter is adjd.to 26.10.2021 for evidence (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None for plaintiff.
Matter is adjd.to 01-12 -2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: None for plaintiff.
Matter is adjd.to 05-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Snepy Ambawat for plaintiff along with witness Pramod Kumar present and filed evidence affidavit of witness Pramod Kumar t.o.r. and marked as Exh. 5
He also filed list of documents t.o.r. and marked as Exh.6
Oath is administered to witness Pramod Kumar . He stated on Oath that evidence affidavit Exh.5 bears his signature and contents therein are correct. He also proved documents filed with list Exh.6 and they are Exhibited as under -
Exh. 7 – Power of attorney.
Exh. 8 - Original application firm for loan
Exh. 9 – Original performa Invoice.
Exh. 10 – Sanction letter.
Exh. 11- Original form NF-373 particulars of vehicle.
Exh. 12- deed of hypothecation.
Exh. 13- the copy of loan application and interview cum appraisal form.
Exh. 14- Letter of undertaking dtd. 29-09-2015.
Exh. 15 – Standing instruction undertaking form.
Exh. 16 – Statement of account.
Exh. 17- Copy of certificate u/s 2A of the Banker’s book Evidence Act, 1891.
Exh. 18 - Particulars of plaint .
Exh. 19 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 14-01-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Adv. Ms. Snepy Ambawat i/b Fatima Lakdawala for plaintiff present.
Heard Adv. Ms. Snepy Ambawat.
Matter is adjd.to 19-01-2022 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: Adv. Snepy Ambawat for plaintiff present.
Exh. 20- Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.265/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs.6,91,918/- (Rupees Six Lakhs Ninety-one Thousand Nine Hundred Eighteen Only) to the plaintiff with interest @ 10.05 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: 19-01-2022