Date: 01-04-2019
Business: None Present for the Plff.
Issue fresh writ of summons against deft.
Adj. For Service affidavit of writ of summons on 02/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Adv. Sayali B. for plaintiff present.
Exh.2 VP filed by Adv. Avinash Seth for D-1 and 2. TOR.
Ld. counsel for defendants submitted that defendant has not received the copies of documents alongwith plaint. Plaintiff to furnish copies of documents.
Matter adjd for compliance on 19/09/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: PO is on leave. Hence adjourned on next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: PO is on leave. Hence adjourned on next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-01-2020
Date: 04-01-2020
Business: Adv. Shaileja Shukla for plaintiff present.
On the request of Ld. Counsel for plaintiff matter is adjourned for filing service affidavit.
Matter adjd for service affidavit on 18/03/2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-03-2020
Date: 18-03-2020
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 service affidavit on 07/07/2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: None present.
Today matter is for service affidavit.
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 service affidavit to 17-04-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv. Saraswati Purohit for plaintiff present.
Exh.3 - Adv. For plaintiff filed affidavit of service. T.O.R.
Deft. nos.1 and 2 appeared through advocate on 02.08.2019. On that day, it was submitted that defts. did not receive documents. Today, plaintiff has filed on record service affidavit to show that defts. have received writ of summons. It is submitted on behalf of plaintiff that defts. received documents along with writ of summons.
Today, deft. nos.1 and 2 and their advocate are absent. Inspite of sufficient opportunities and time, deft. nos.1 and 2 failed to file their written statement. Therefore, suit be proceeded without written statement of deft. nos.1 and 2.
The matter is adjd for no W/S evidence to 28.09.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv. Shraddha Agrawal for plaintiff present.
Exh.4 - Affidavit of statement of truth under Commercial Courts Act. T.O.R.
Exh.5 - 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.6 - List of documents. T.O.R.
From the evidence of PW-1 Pramod Kumar Singh, following documents are proved, therefore, they are exhibited.
Exh.7 - Copy of power of attorney.
Exh.8 - Loan application.
Exh.9 - Loan sanction letter.
Exh.10 - Letter of undertaking.
Exh.11 - Letter evidencing execution of documents.
Exh.12 - Hypothecation deed.
Exh.13 colly. - Office copy of notice to defendants along with postal receipts and acknowledgement.
Exh.14 - Statement of account.
Exh.15 - Particulars of claim.
Exh.16 - Adv. For plaintiff filed evidence closing pursis.
O. - Filed.
The matter is adjd for arguments to 08.10.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Shraddha Agrawal for plaintiff present.
Heard arguments of Adv. For plaintiff.
Exh.17- Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is decreed with costs.
2. Defendants shall pay an amount of Rs. 6,82,783/- (Rs. Six Lacs Eighty Two Thousand Seven Hundred and Eighty Three 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: 08-10-2021
