Date: 10-04-2019
Business: Adv. Ms. Mugha Sawant for Plaintiff present.
None for Defendant present.
Issue writ of summons
Matter is adjd.for on 24.07.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: Adv. Ms. Shraddha Agrawal for plaintiff present.
None for defendant present.
Matter is adjd. for writ of summons on 23.10.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Adv. Ms. Shailaja Shukla for plaintiff present.
None for defendant present.
Exh.1- Plaint.
Exh.2- Vakalatnama.
Exh.3- Address Memo.
Exh.4- List of documents.
Exh.5- Affidavit of service tendered by plff. as per postal
endorsement- intimation given/unclaimed.
Matter is adjd. for taking steps on 05.02.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Advocate Shailaja Shukla for plaintiff is present.
None present for defendant.
Adjourned for steps to 19.03.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: None present.
As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Matter adjd for taking steps on 20/06/2020 at 11.00 am
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2020
Date: 20-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Nobody present.
Adjd for taking steps to 29/04/2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv. Shraddha Agrawal for plaintiff present.
Exh.6 - 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 08.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Shraddha Agrawal for plaintiff present.
Adv. For plaintiff tendered service affidavit along with original summons. T.O.R.
Exh.7- Service affidavit.
As per service affidavit (Exh.7), deft. nos.1 and 2 deemed to be served with writ of summons through paper publication. But, they failed to tender their appearance. Therefore, suit to proceed ex-parte against deft. nos.1 and 2.
Exh.8 - Adv. For plaintiff filed statement of truth under Commercial Courts Act. T.O.R.
Exh.9 - 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.10 - List of documents. T.O.R.
From the evidence of PW-1 Pramod Kumar Singh, following documents are proved, therefore, they are exhibited.
Exh.11 - Copy of power of attorney.
Exh.12 - Loan application.
Exh.13 - Sanction letter.
Exh.14 - Letter of undertaking.
Exh.15 - Particulars of vehicle.
Exh.16 - Hypothecation deed.
Exh.17 colly. - Office copy of notice to defendant along with postal receipts and envelopes.
Exh.18 - Statement of account.
Exh.19 - Particulars of claim.
Exh.20 - Adv. For plaintiff filed evidence closing pursis.
O. - Filed.
The matter is adjd for arguments to 16.10.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: In view of Office Order no.213/2021 dated 12.10.2021, holiday is declared on 16.10.2021, hence, the matter is adjd to 23.10.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: Adv. Shraddha Agrawal for plaintiff present.
Heard arguments of Adv. For plaintiff.
Exh.21 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is decreed with costs.
2. Defendants shall pay an amount of Rs.8,46,867.15/- (Rs. Eight Lacs, Forty Six Thousand, Eight Hundred Sixty Seven and Fifteen Paise 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: DECREED
Disposal Date: 23-10-2021
