Date: 13-08-2018
Business: None Present for the Plff.
Issue fresh writ of summons against the deft.
Adj. For Service affidavit of writ of summons on 23/10/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2018
Date: 23-10-2018
Business: None for plaintiff.
Matter is kept for filing service affidavit on 24.01.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2019
Date: 24-01-2019
Business: Adv. John Danel Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff filed Service affidavit. t.o.r.
As per service affidavit Deft served by RPAD as per postal acknowledgement retuned left. Hence plff to take necessary steps.
LD counsel for the Plff filed Draft CS alongwith affidavit.
Order- Heard. Leave Granted to register the CS for statistical purpose, as it is made absolute in terms of prayer clause-(a) for publishing the writ of summons upon deft for service in daily news paper Free Press Journal English and Navshakati Marathi having wide circulation in local area. No order as to costs. Service affidavit be filed.
Adj. For Service affidavit on 12/04/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: Adv. John Daniel Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed dispossed registered CS 171/19 alongwith affidavit. t.o.r.
Ld counsel for the plff filed extension of time for service of writ of summons t.o.r.
Order- Heard. Allowed. Service affidavit be filed.
Adj. for Service affidavit on 09/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: None present for plaintiff.
Matter adjd for service affidavit on 01/11/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-11-2019
Date: 01-11-2019
Business: None present for plaintiff.
Matter adjd for service affidavit on 08/01/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: None present.
Matter adjd for filing affidavit of service on 26/03/2020 at 11.00 am
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Business: None present. Due to Covid-19.
Matter adjd for affidavit of service on 08-12-2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Adv. John Daniel for plaintiff present.
None for defendant.
Today matter is for affidavit of service.
Ex.04 Ld Adv for plaintiff filed affidavit of service along with original writ of summons t.o.r. O- Seen.
Perused roznama/noting dated 24-01-2018. As per order passed on 24-01-2018. Chamber Summons No. 171 of 2019 is disposed of as per order dated 24-01-2018 at the time of passing order on draft Chamber Summons. After passing the order on the draft Chamber Summons, the draft Chamber Summons registered later on. Perused order 5 rule 20 of CPC. It appears that writ of summons are not served by pasting. Hence writ of summons be served to the defendant under order 5 rule 20 CPC by affixing a copy thereof in some conspicuous place in the Courthouse, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain.
The Ld Adv for plaintiff submits that original writ of summons is required. Hence original writ of summons be returned to the plaintiff advocate.
Matter adjd for compliance to 03-03-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Nobody present.
Adjd for compliance to 30/06/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 29.07.2021 for compliance.
Next Purpose: COMPLIANCE
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: COMPLIANCE
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None present.
The matter is adjd for compliance to 29.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: None present.
The matter is adjd for compliance to 27.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. John Daniel for plaintiff present.
Exh.5 - Adv. For plaintiff filed service affidavit. T.O.R.
As per service affidavit (Exh.5), writ of summons is duly served upon deft. but deft. failed to tender his appearance. Therefore, suit be proceeded ex-parte against deft.
The matter is adjd for ex-parte evidence to 14.12.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: None present.
The matter is adjd for ex-parte evidence to 13.01.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: None present
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for Ex-parte evidence to 17.02. 2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: None present.
The matter is adjd for ex-parte evidence to 14.03.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: None present.
The matter is adjd for ex-parte evidence to 12.04.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: None present.
The matter is adjd for ex-parte evidence to 07.06.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. John Daniel for plaintiff present. He sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 01.07.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Adv. John Daniel for plaintiff present.
Exh.6 - Adv. For plaintiff filed affidavit of evidence of PW-1 Madhav Balkrishna Vartak. T.O.R.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.7 - List of documents. T.O.R.
From the evidence of PW-1 Madhav Balkrishna Vartak, following documents are proved, therefore, they are exhibited.
Exh.8 - Loan application.
Exh.9 - Sanction letter.
Exh.10 - Hypothecation agreement.
Exh.11 colly. - Office copy of notice along with postal receipt.
Exh.12 - Statement of account.
Exh.13 - Authority letter.
Exh.14 - Adv. For plaintiff filed evidence closing pursis.
T.O.R.
Heard arguments of Adv. For plaintiff.
Exh.15 - Judgment
F.R.S.R. following order is passed -
ORDER
1.Commercial Suit is partly decreed with costs.
2.Defendant shall pay an amount of Rs.5,92,152/- (Rupees Five Lacs Ninety Two Thousand One Hundred Fifty Two Only) alongwith interest @ 11 percent p.a. to plaintiff from the date of the suit till its 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: 01-07-2022