Date: 01-04-2019
Business: Exh-5 Adv.Shraddha Agarwal for plaintiff tendered application for re-issue for summons on defendant.
Matter adj for filing service report on 16/07/19.
Next Purpose: SERVICE
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Matter called out (11.49 am)
Adv.Mugdha Sawant for plaintiff present.
Advocate for plaintiff seeking time. Time granted.
Matter adj for filing service report on 17/09/19.
Next Purpose: SERVICE
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv. for plaintiff present.
Adv. for defendant absent.
No R and P.
Matter adjd to 22.10.2019 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender affidavit of service - TOR
Matter adjd to 07.04.2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: As per office order 64/2021
Adjd to 07-09-2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Both parties are absent.
Matter is adjd.to 26-10-2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Mugdha Sawant for plaintiff present.
On perusal of record, it appears that defendants no. 1 & 2 have been duly served with writ of summons as per 2 acknowledgment annexed with affidavit of service Exh. 2, but they failed to appear. Hence, suit to proceed ex parte against the defendants.
Matter is adjd.to 18-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. Shaileja Shukla for plaintiff present plaintiff 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 also filed list of documents t.o.r. and marked as Exh. 8
She also filed statement of truth 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 evidencing execution of Documents.
Exh. 14 – Original letter of undertaking.
Exh.15- Original particulars of vehicles/ Machinery/ equipment/ livestock.
Exh. 16 – Original deed of hypothecation.
Exh. 17 colly – Office Copy of Legal notice, postal receipts and return Packets.
Exh. 18 – Statement of account.
Exh. 19 – Particulars of plaintiff’s claim against defendants.
Exh. 20 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 20-11-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv. Rushabh Mishra h/f Adv. Rajkumar Shukla for plaintiff present
Heard Ld. Adv. Rushabh Mishra for plaintiff.
Exh. 21- Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 773/2021 is partly decreed.
2. The defendants are directed to pay amount of Rs. 6,08,515.25/- (Rupees Six Lakhs Eight Thousand Five Hundred Fifteen and Paise Twenty-five Only )to the plaintiff with interest @ 9.70 % 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. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly
Nature Of Disposal: PARTLY DECREED
Disposal Date: 20-11-2021