Date: 25-03-2019
Business: Adv. Ms. Shraddha Agarwal for Plaintiff present, issue writ of summons.
None for Defendant present.
Matter is adjd.for direction on 03.07.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Adv. Ms.Agarwal for plaintiff present.
Exh.1 Plaint
Exh. 2 Vakalatnama
Exh. 3 Address Memo
Exh. 4 List of documents
Exh. 5 Affidavit of service filed by plaintiff, as per post endorsement, defendant had left the address.
Exh. 6 Application filed by plaintiff - Issue summons as prayed on given address.
Issue fresh writ of summons.
Matter is adjd. for writ of summons to 10.1.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Advocate Mugdha Sawant for plaintiff is present and filed affidavit of service at Exh. 07.
None present for defendant.
Adjourned for order on affidavit of service to 26.02.2020.
Judge
Next Purpose: ORDER
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Advocate Shraddha Agrawal for plaintiff is present.
None present for defendant.
In view of Exh. 07- service affidavit, Service is duly served on defendant no. 2. Not served on the defendant no. 1.
Defendant no. 2 is absent when repeatedly called out. Hence, suit is proceed (ex-parte) against defendant no. 2.
Adjourned for steps to 23.03.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: None present.
Today matter is for steps against deft no.1.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for for steps against deft no.1 on 12/04/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
The matter is adjd to 12.08.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Shraddha Agrawal for plaintiff present.
Exh.7 - Adv. For plaintiff filed application for re-issuance of summons to deft. no.1.
O. - Re-issue summons to deft. no.1.
The matter is adjd for service to 29.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Saraswati Purohit for plaintiff present.
Exh.8 - Adv. For plaintiff filed service affidavit. T.O.R.
Service is not proper.
Exh.9 - Adv. For plaintiff filed application for substituted service.
O. - Summons to deft. cannot be served on the address known to the plaintiff. Considering the service affidavit filed on record, there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service. Therefore, summons to deft. be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house.
The matter is adjd for affidavit of service to 10.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: P.O. is on leave. Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv. Shailaja Shukla for plaintiff present.
Affidavit of service along with writ of summons filed by Adv. For plaintiff. T.O.R.
Exh.10 - Affidavit of service.
As per service affidavit (Exh.10), deft. no.1 deemed to be served with writ of summons. But, failed to tender its appearance. Hence, suit to proceed ex-parte against deft. no.1.
The matter is adjd for ex-parte evidence to 04.12.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv. Saraswati Purohit for plaintiff present.
Exh.11 - Affidavit of statement of truth under Commercial Courts Act. T.O.R.
Exh.12 - Adv. For plaintiff filed affidavit of evidence of PW-1 Pramod Kumar Singh.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.13 - List of documents. T.O.R.
From the evidence of PW-1 Pramod Kumar Singh, following documents are proved, therefore, they are exhibited.
Exh.14 - Copy of power of attorney.
Exh.15 - Loan application.
Exh.16 - Sanction letter.
Exh.17 - Letter of undertaking.
Exh.18 - Letter evidencing execution of documents.
Exh.19 - Particulars of vehicle.
Exh.20 - Hypothecation deed.
Exh.21 colly. - Office copy of notice to defendant along with postal receipts and envelopes.
Exh.22 - Statement of account.
Exh.23 - Particulars of claim.
Exh.24 - Adv. For plaintiff filed evidence closing pursis.
O. - Filed.
The matter is adjd for arguments to 07.12.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv. Saraswati Purohit for plaintiff present.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 15.12.2021.
Next Purpose: JUDGMENT
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: None present.
Exh.25 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is partly decreed with costs.
2. Defendants shall pay an amount of Rs. 7,18,684/- (Rs. Seven Lacs, Eighteen Thousand, Six Hundred and Eighty Four only)alongwith interest @ 11.70 percent p.a. to plaintiff from the date of the suit till it\''s realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
4. Decree thus follow.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 15-12-2021