Date: 05-04-2019
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 for re-issue. O-Allowed.
Matter adj for filing service report on 20/08/19.
Next Purpose: SERVICE
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: As court is on leave
board discharged and adjd to
Next Purpose: SERVICE
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Business: On election holiday.
Next Purpose: SERVICE
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.
Advocate for plaintiff tender affidavit of service - TOR.
Matter adjd to 24.01.2020 for service.
Next Purpose: SERVICE
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.
Matter adjd to 27.02.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv.Agarwal for plaintiff present.
Adv.for defendant absent.
Adv for plff tendered draft ch/s alongwith affidavit.
O- Leave is granted to register draft ch/s.
K.B.
None present for plaintiff.
Matter adjd to 18.3.2020 for tendering registered Ch/sum.
L.O.
Adv. Ms. for plaintiff tendered register ch/sum alongwith affidavit.
Matter adjd to 18.3.2020 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: As per office order no. 66/2020 Board is Discharge
Matter Adjd to 24-09-2020 for c/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: None present
Adjd to 12-03-2021
Next Purpose: C/S REPLY
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: None present.
Adjd to 01/07/2021 for hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 29.07.2021 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: Both the parties absent when called out.
Matter is adjd.to 18-08-2021 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Adv. Shraddha Agrawal for plaintiff present.
On perusal of record it appears that the defendants are not duly served with writ of summon. On perusal of C/S No. 363/20 and supporting affidavit , it appears that the plaintiff wants to carry out amendment in the title clause of the suit in order to insert new addresses of defts. no. 1 and 2 so that they can be served with writ of summons. Considering, contents in C/S and submission of adv. for the Plaintiff, C/S No. 363/20 is allowed. The plaintiff is directed to carry out amendment in the plaint as per schedule of amendment within 14 days from today. The plaintiff is further directed file amended copy of the plaint on record. C/S No. 363/20 is disposed off. Hence, the plaintiff is directed to take steps for effecting service of writ of summons on the defendants.
Matter is adjd.to 01-09-2021 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Both parties are absent when called out the matter.
Matter is adjd.to 25-10-2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Saraswati Purohit for plaintiff present and filed application for issuance of fresh writ of summons on new addresses of the defendants. t.o.r. - allowed as prayed.
Issue fresh writ of summons on new addresses of the defendants.
Matter is adjd.to 01-12-2021 for writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Shaileja Shukla for plaintiff Present and prayed for adjournment – short date be given.
Matter is adjd.to 11-01-2022 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv. Rushabh Mishra for plaintiff present and filed affidavit of service with original writ of summons and two closed returned envelopes t.o.r. and marked as Exh.6
Matter is adjd.to 05-03-2022 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv. Rushabh Mishra for plaintiff present.
None for defendants no. 1 and 2.
On perusal of record, it appears that writ of summons was sent to defendants no. 1 and 2 through RPAD, but they did not claim the same as per endorsement on returned envelopes Exh. B and C annexed with affidavit of service Exh.6. Defendants no. 1 and 2 failed to appear. Hence, suit to proceed ex parte against defendants no. 1 and 2.
Matter is adjd.to 23-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv. Saraswati Rajpurohit for plaintiff present along with witness Pramod Kumar Singh present and filed evidence affidavit of witness Pramod Kumar Singh t.o.r. and marked as Exh.7
She filed list of documents t.o.r. and marked as Exh.8
She also filed statement of truth (under first schedule, order VI - Rule 15A and Order XI - Rule 3) under Commercial Courts Act, 2015 t.o.r. and marked as Exh.9
Oath is administered to witness Pramod Kumar Singh. He stated on Oath that evidence affidavit Exh.7 bears his signature and contents therein are correct. He also proved documents filed with list Exh.8 and they are Exhibited as under -
Exh. 10 - Copy of Power of Attorney
Exh. 11 - Original Loan Application
Exh. 12 - Original Sanction Memorandum
Exh. 13 - Original Letter of undertaking
Exh. 14 - Original Letter Evidencing Execution of documents
Exh.15 - Original Particulars of Vehicles/ Machinery/ Equipment / Livestock
Exh. 16 - Original the said Deed of Hypothecation and letter furnishing/disclosing full description/particulars of asset hypothecated.
Exh. 17 colly - Office copy of Legal Notice, Postal Receipt and Return Packets.
Exh. 18 - Statement of Account
Exh. 19 - Particulars of Plaintiffs claim against defendants.
Exh. 20 - Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 08-04-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Adv. Arafat Shaikh for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 21-04 -2022 for ex parte argument
Next Purpose: ARGUMENTS
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv. Rishabh Mishra i/b Adv. Rajkumar Shukla for plaintiff present.
Heard Adv. Rishabh Mishra for plaintiff.
Matter is adjd.to 28-04-2022 for ex parte judgment
Next Purpose: JUDGMENT
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: None for plaintiff.
Exh. 21 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 771/2021 is partly decreed.
2. Defendants no. 1 and 2 are directed to pay amount of Rs. 7,74,929.50/- (Rupees Seven Lakh Seventy-four Thousand Nine Hundred Twenty-nine and Paise Fifty Only) to the plaintiff with interest @ 9.70 percent p.a. with monthly rest from the date of the suit till the date of realization within three months from the date of decree.
3. Defendants no. 1 and 2 shall jointly and severally liable to pay the decretal amount to the plaintiff.
4. Defendants no. 1 and 2 shall bear the costs of the suit.
5. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 28-04-2022