Date: 25-03-2019
Business: Adv.Shraddha Agarwal for plaintiff present.
Exh-1 Plaint
Exh-2 Vakalatnama
Exh-3 Memorandum of register address
Exh-4 List of documents.
Exh-5 Adv.Shraddha Agarwal for plaintiff tendered application for fresh writ of summons.
Matter adj for filing service report on 19/07/19.
Next Purpose: SERVICE
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: Matter called out (11.55 am)
Exh-6 Adv.Shraddha Agarwal for plaintiff filed affidavit of service alongwith original writ of summons and delivery report.
Defendant and advocate absent.
Matter adj for written statement on 20/08/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: As court is on leave
board discharged and adjd to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Business: On election holiday.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Shailja Shukla for plaintiff present.
Adv.for defendant absent.
Matter adjd to 24.01.2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Shaileja Shukla for plaintiff present.
Adv.for defendant absent.
In view of affidavit of service Exh. No. 6 writ of summons is delivered to the plaintiff on 11.04.2019. However, till today defendant remained absent. Hence, suit is proceeded ex-parte against defendant.
Matter adjd to 06.05.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: P. O. is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Vrushabh Mishra alongwith witness Pramod Kumar Singh
present and filed evidence affidavit of witness Pramod Kumar
Singh t.o.r. and marked as Exh.6
He also filed list of documents t.o.r. and marked as Exh.7
He also filed statement of truth t.o.r. and marked as Exh.8
Oath is administered to witness Pramod Kumar Singh. He stated on Oath that evidence affidavit Exh.6 bears his signature and contents there are correct. He also proved documents filed with list Exh. 7 and they are exhibited as under -
Exh. 9 – Copy of power of attorney.
Exh. 10 – Original loan application.
Exh. 11- Original sanction memorandum.
Exh. 12– Original letter of undertaking.
Exh. 13- Original Letter evidencing execution of documents.
Exh. 14- Original particulars of vehicle.
Exh. 15 - Original deed of hypothecation.
Exh. 16 colly – Legal Notice with postal receipts.
Exh. 17 – Copies of statement accounts.
Exh. 18 – Particulars of claim.
Exh. 19 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 21-10-2021 for ex parte argument
(12.30 pm)
Next Purpose: ARGUMENTS
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Adv. Saraswati Purohit for plaintiff present.
Heard argument of Adv. Saraswati Purohit for plaintiff.
Exh. 20- Ex-parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 770/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs.8,88,228.84/- (Rupees Eight Lakhs Eighty-eight Thousand Two Hundred Twenty-eight and Paise Eighty- four Only )to the plaintiff with interest @ 9.70% p.a. with monthly rest from 05/06/2018 till the date of realization within three months from the date of decree.
3. The defendants shall bear the costs of the suit.
4. Defendants no. 1 and 2 are jointly and severally liable to make payment of the decretal amount to the plaintiff.
5. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 21-10-2021