Date: 26-09-2018
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 sought time to file service affidavit. Granted.
Adj. For Service affidavit on 01/04/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Adv. Priya Digvekar Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed application for issue fresh writ of summons. t.o.r.
Order- Heard allowed as prayed. Service affidavit be filed.
Adj. For Service affidavit on 02/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Adv. Wasima Kazi for plaintiff present.
Exh.3 Service affidavit filed by plaintiff. TOR. The postal envelope returned with endorsement as \''\''Not Known\''\''. It is not proper service. Time is granted to plaintiff to take proper steps for service.
Matter adjd for service affidavit on 04/10/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Adv. Wasim Kazi for plaintiff present.
Ld. counsel for plaintiff filed draft CS a/w affidavit. TOR.
ORDER Heard. Leave granted. CS is made absolute in terms of prayer clause (b) and (c) thereby plaintiff is permitted for substitute service by way of paper 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
Business: Advocate Fatima Lakadawala for plaintiff is present.
None present for defendants.
Adjourned for argument on Exh. 04 to 10.08.2020.
Next Purpose: HEARING
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: National Lockdown
Next Purpose: HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Adv. Fatima Lakdawala for Plaintiff present.
None present for Defendants.
Ch/S no. 1905/19 already disposed on 04.10.2019.
Adjourned for Hearing on Exh.04 on 26.10.2020.
Next Purpose: HEARING
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: Both parties and their Advocates are absent when called out.
Adjourned for hearing on Exh.4 affidavit of service on 08.12.2020.
Next Purpose: HEARING
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Advocate Fatima Lakdawala for plaintiff is present and requested short adjournment. Request is allowed.
None present for defendant.
Adjourned for hearing on service affidavit at Exh. 04 to 11.12.2020.
Judge
Next Purpose: HEARING
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Both parties and their advocates are absent when called out.
In view of service affidavit at Exh. 04, the writ of summons is duly served on the defendant by paper publication.
Adjourned for appearance of the defendants to 11.01.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Vasima h/f Adv. Fatima for plaintiff present.
None for defendant
Perused Exh. 3, report of postal department. Perused Exh. 4 - service of summons by publication in two news papers.
Defendant is failed to appear despite due service. Suit to proceed (ex-parte).
Adv. Vasima for plaintiff prayed for adjournment.
Matter is adjd.to 05-03-2021 for hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv. Fatima for plaintiff present.
None for 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 06.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Adv. Wasima Kazi h/f Fatima Lakdawala for plaintiff present.
None for defendant.
Exh.5 Evidence affidavit of P.W.1 Jayita Sur.
Exh.6 List of documents.
In view of Evidence of P.W.1, documents are marked as follows.
Exh.7 Dtd 16.06.2017 Exh.A copy of POA of Ms. Jayita Sur.
Exh.8. Dtd 28.12.2015 Exh.B original appl. From for loan to Micro and Small Enterprises.
Exh.9. Dtd 17.08.2015 Exh-C Original of proforma invoice
Exh.10 Dtd 30.12.15 Exh-D Original sanction letter.
Exh.11 Dtd 30.12.2015 Exh-E Original form NF/373 particulars of vehicle/Machinery/equipment.
Exh.12 Dtd 30.12.16 Exh-F Original Deed of Hypothecation.
Exh.13 Dtd 30.12.15 Exh-G Original Loan application and interview cum appraisal form.
Exh.14 Dtd 30.12.15 Exh-H Original letter of undertaking.
Exh.15 Dtd 26.03.18 Exh-I Original office copy of legal notice.
Exh.16 Dtd 21.06.18 Exh-J Original statement of account.
Exh.17 Dtd 02.05.2018 Exh-K Original of Bankers Book Evidence Act.
Exh.18 Dtd 21.06.2018 Exh-L Original of the certificate under Section 2-A of the Bankers Book Evidence Act.
Exh.19 Dtd 21.06.2018 Exh-M Particulars of claim.
(In view of note-sheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment.
Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit).
Evidence closing pursis filed by the plaintiff. t.o.r.
Matter is adjd.to 27.04.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 14.06.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 08.07.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Adv. Ms. Humera Shaikh h/f Adv. Ms. Fatima Lakdawala for Plff present.
None present for Deft.
Matter is adjd.to 20.08.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Adv. Shivpujan Pande for plaintiff present.
Heard argument of Adv. Shivpujan Pande for plaintiff.
Matter is adjd.to 24-08-2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: None for plaintiff.
Judgment Exh. - 21
F.R.S.R the following order is passed -
1. Commercial Suit No. 261/21 is partly decreed.
2. The defendant is directed to pay amount of
Rs. 7,43,841/- (Rupees Seven Lakhs Forty-three Thousand
Eight Hundred Forty one only) to the plaintiff within three
months from the date of decree.
3. The defendant is further directed to pay interest
@ 10.05% p.a. on the amount of Rs. 7,43,841/- to the
plaintiff from the date of filing of the suit till its realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 24-08-2021