Date: 23-01-2020
Business: Advocate Mugdha Sawant for plaintiff is present.
None present for defendant.
Issue writ of summons.
Adjourned for writ of summons to 17.03.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present.
KB L.O. at 2.34 pm
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 service affidavit to 10-07-2020 at 11.00 am.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Shradha Agrawal for plaintiff present.
Adjd for writ of summons to 03/05/2021
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Court is vacant
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.22 pm
Adv.Saraswati Purohit for plaintiff present.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
Plaintiff filed service affidavit, Exh.5 a/w. original writ of summons t.o.r.
Summons are unserved on defendants. Plaintiff to take steps.
Matter adjd to 07.10.2021 for taking steps of service of summons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv.Shraddha Agarwal for plaintiff present.
None present for defendant.
Adv. of plaintiff filed draft chamber summons a/w. affidavit in support. O-Leave granted to register draft chamber summons.
Heard Adv. of plaintiff on draft chamber summons.
ORDER ON DRAFT CHAMBER SUMMONS
This chamber summons is taken out by the plaintiff requesting to pass order permitting the plaintiff to serve the suit summons by way of substituted service on defendant No.1 and 2 by publishing the same in the newspaper. Heard the Ld. advocate for the plaintiff. Gone through the affidavit of service Exh.5. Read the endorsement on envelopes. It mentioned that addresses are not correct. Read the documents in the suit which shows the same address of the defendants. Therefore, it is the last known address of the defendants. There is no likelyhood that the defendants will be found at their addresses within reasonable time. Hence, on the said addresses of the defendants the service of summons can be effected by pasting in addition to the paper publication. Hence, I passed the following order.
ORDER
1. Draft chamber summons is allowed as follows -
(a) Suit summons be served on the defendants by affixing the copy thereof on the outer door or some other conspicuous part of the house where the defendants reside, carry their business or work for the gain. The suit summons shall also be served by publishing the same in the leading newspapers (one English and one Marathi) having vide circulations in the area of the addresses of the defendants.
(b) Liberty is granted to select the newspapers in terms of order clause No. (a) for effective service through publication.
2. Draft chamber summons is disposed off accordingly. It be registered for statistical purpose.
Matter adjd to 12.11.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv.Saraswati Purohit i/b.Adv.Rajkumar Shukla for plaintiff present.
None present for defendant.
Application for extension of time for service of suit summons by paper publication, Exh.6. O-Time is extended for service of suit summons by paper publication.
Matter adjd to 16.12.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.24 p.m.
Adv.Saraswati Purohit for plaintiff present.
Plaintiff filed service affidavit in respect of paper publication t.o.r. marked as Exh.7.
The plaintiff filed original suit summons marked as Exh.08
The plaintiff submits that report of pasting is awaited. Matter adjd to 20.01.2022 for filing service affidavit in respect of service of pasting.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Adv.Mugdha Sawant i/b.Rajkumar K. Shukla Law Firm for plaintiff present.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 18.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv.Saraswati Rajpurohit i/b.Adv.Rajkumar Shukla for plaintiff present.
None present for defendant.
The report of service of summons by pasting is received through post. It is taken on record and marked as Exh.9.
ORDER BELOW EXH.1
Read the service affidavit Exh.5 and Exh.7. Read the bailiff report Exh.9. The summons attempted to be served by post was returned with remark \''incorrect address\''. Thereafter the summons is served by pasting and paper publication. The defendant is absent. Hence, Suit to proceed ex-parte against defendant.
Record shows that notice of motion No.4775/2019 has been disposed of vide order dated 16.12.2019. Hence, it be disposed of from CIS.
Matter adjd to 15.03.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: None present for plaintiff.
None present for defendant.
No evidence is adduced. Keep for order against plaintiff.
Matter adjd to 13.04.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.55 am,
Adv.Arafat Shaikh h/f.Adv.Rajkumar Shukla for plaintiff present.
KB for filling adjd appln.
LO at
Adv.Arafat Shaikh h/f.Adv.Rajkumar Shukla for plaintiff present. He filed application for adjournment t.o.r. and marked as Exh.10.
O-The plaintiff has failed to adduce evidence and therefore this case was posted for order against the plaintiff. Hence, plaintiff is directed to take necessary steps in default suit shall be posted for dismissal.
Matter adjd to 10.06.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: None present for both parties.
KB LO at 12.30 p.m.
Adv Saraswati Rajpurohit for plff present and filed application for adjournment at Exh.11. O-Granted as a last chance.
Matter adjd to 06.07.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: None present.
KB. LO 12.40
Adv. Arafat Shaikh Present for Plff.
None Present for Deft.
Adv of plff seeks time to file evidence. Granted.
Adj. For Ex-parte Evidence on 27/07/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: None present.
KB LO 12.45.
Adv. Saraswati Rajpurohit Present for Plff and seeks time to file evidence.
Adj. For evidence on 18/08/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Pooja Tripathi Present for Plff.
None Present for Deft. Proceeded Ex-parte.
Ex.12 - Adv of plff filed application for adjournment. - Granted as a last chance.
Adj. For Ex-parte evidence on 13/09/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. Pooja Tripathi h/f Rajkumar Shukla law firm Present for Plff and seeks time for adducing evidence. Granted.
None Present for Deft.
Adj. For Ex-parte evidence on 19/09/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Adv. Rishabh Mishra h/f Adv Rajkumar Shukla Present for Plff.
None Present for Deft.
Ex.13 - Adv of plff has filed statement of truth.
Ex.14 - Adv of plff has filed chief examination of PW-1 Vidyadhar Khandait, Sr. Manager
PW-1 present. Oath given to witness.
Ex.15 – adv of plff has filed compilation of document.
Heard Adv of plaintiff on the point of exhibiting documents. As the suit is ex-parte, no argument of defendant. Documents filed with list Exh.15 which are referred in chief examination are marked exhibit as under.
Ex.16 – Copy of Power of attorney/ authority letter.
Ex.17 – Loan application dt. 31/10/2015.
Ex.18 – Sanction memorandum dt. 31/10/2015.
Ex.19 – Letter undertaking dt. 31/10/2015.
Ex.20 - Original particulars of vehicles/ machinery / equipment/ livestock.
Ex.21 – Deed of hypothecation dt. 31/10/2015.
Ex.22 – Office copy of the legal notice, postal receipt.
Ex.23 – Statement of account.
Suit is ex-parte, hence, no cross.
Ex.24 - Adv of plff has filed evidence closure pursis. t.o.r
Adj. for Argument on 30/09/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Adv. Pooja Tripathi h/f Adv. Rajkumar Shukla Present for Plff.
None Present for Deft.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant Nos.1 and 2 are jointly and severally directed to pay to plaintiff the amount of Rs.7,82,785/-.
3. The defendant Nos.1 and 2 are jointly and severally directed to pay to plaintiff the interest @ 9.70 p.a. + penal interest @ 2% p.a. on principal sum of Rs.6,56,051/- from the date of suit till realization of the said amount.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 30-09-2022