Date: 06-09-2018
Business: Court is on leave.
Matter is adj for directions on 28.11.2018.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-11-2018
Date: 28-11-2018
Business: Court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Business: Exh- Adv. Pooja Mali for plaintiff tendered application for extension of time for writ of summons. O-Allowed.
Matter adj for filing service report on 25/04/19.
Next Purpose: SERVICE
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Exh-3(Colly) Adv. Pooja Mali for plaintiff tendered original writ of summons and service affidavit.
Order - Seen
Matter is adj 19.08.2019 for filing service report
Next Purpose: SERVICE
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Pooja Mali for plaintiff present.
Adv. for defendant absent.
KB.
LO.
Adv. for plaintiff tender ch/s @ affidavit leave is granted to registered.
Plaintiff is directed to tender register ch/s within three days.
Matter adjd to 10.02.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv. Pooja Mali for plaintiff present.
Adv. for defendant absent.
As court is busy in dictating judgment in Suit No. 4431/2010.
Matter adjd to 06.03.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv. Pooja Mali for plaintiff present.
Adv. for defendant absent.
Heard Ld. consel for plaintiff .
F.R. S. R. Following order is passed -
ORDER-
1) Chamber summons NO. 1903 of 2019 is allowed.
2) Plaintiff is permitted to publish writ of summons in the local newspaper Free press journal (English) and Navshakti (Marathi).
3) Plaintiff to bear expenses of publication.
4) Plaintiff is directed tender publication @ affidavit of service.
Matter adjd to 12-06-2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Business: Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: As the Court is on leave Board in discharged and the matter stands
adjd. to 31.10.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Business: COURT IS ON LEAVE
Next Purpose: COMPLIANCE
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 03.12.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Pooja A. Mali for plaintiff present.
Adv. for plaintiff tender application for extension for publication of writ of summons- Allowed.
Matter adjd to 7/1/2021 for affidavit of service.
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv.Pooja Mali for plaintiff present.
None present for defendant.
Matter adjd to 25.01.2021 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Adv.Pooja Mali for plaintiff present.
None present for defendant.
On oral request of Adv.of plaintiff four weeks time extended for affidavit of service.
Matter adjd to 26.02.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Reverting suit to original Court on 26.03.2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Matter taken on board by Court.
In view of notesheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment.
Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit.
Adv.Pooja Mali for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application for issuance of fresh summons, Exh.5 t.o.r. O-Issue fresh summons by paper publication.
Matter adjd to 26.04.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 22.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: REPORT
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.03 pm
Adv.Pooja Mali i/b.Adv.Purnima Pandit for plaintiff present.
Matter adjd to 20.08.2021 for filing application.
Next Purpose: FILING SAY
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: FILING SAY
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: FILING SAY
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv.Pooja Mali i/b.Adv.Purnima Pandit for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application for extension of time for returnable date of summons, Exh.6 t.o.r. O-Time is extended.
Matter adjd to 22.10.2021 for service affidavit
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv.Pooja Mali i/b.Adv.Purnima Pandit for plaintiff present.
None present for defendant.
KB
LO at 12.51 pm
Adv.Pooja Mali i/b.Adv.Purnima Pandit for plaintiff present.
Plaintiff filed application for extension of time for summons, Exh.7 t.o.r. O-Time is extended.
Matter adjd to 04.12.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 14.02.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv.Pooja Mali i/b.Adv.Purnima Pandit for plaintiff present.
None present for defendant.
The plaintiff filed service affidavit of paper publication a/w. newspapers t.o.r. It is marked as Exh.8 (colly.).
The plaintiff filed original summons t.o.r. and marked as Exh.9.
ORDER BELOW EXH.1
Read the service affidavit, Exh.3 in respect of service by RPAD and Exh.8 in respect of paper publication. Summons be issued by pasting on the address of the defendant.
Matter adjd to 25.03.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Court on Leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: None present for plaintiff.
None present for defendant.
Affidavit of service not filed. Keep for order.
Matter adjd to 20.06.2022 for order.
Judge
LO at 01.15 pm,
Adv.Pooja Mali h/f.Adv.Purnima Pandit for plaintiff present.
Adv. of plaintiff filed application for extension of time for service of suit summons t.o.r. and marked as Exh.10.
O-Time is extended for service of suit summons.
Matter adjd to 20.06.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv Nilima Alande present for plff.
None present for Deft.
Adv for plff seeks extension of time for service of suit summons.- Granted.
Adj. To 22/07/2022 for Service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: None present.
KB. LO 2.45
Adj. For Service affidavit on 18/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Pranjali Asuble I/b Adv. Purnima Pandit Present for Plff.
None Present for Deft.
Adv of plff seeks time to file service affidavit. Granted as a last chance.
Adj. For Service affidavit on 19/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: None present.
Adj. For Service affidavit on 19/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv. Pranjali Asubve I/b Adv. Purnima Pandit Present for Plff.
None Present for Deft.
Adv of plff seeks time to file service affidavit. Granted.
Adj. For Service affidavit on 22/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Pranjali Asubre I/b Adv. Purnima Pandit Present for Plff.
None Present for Deft.
Ex.11 - adv of plff has filed service affidavit along with RPAD envelop. Postal endorsement shows that RPAD envelop returned due to insufficient address.
Adj. For Steps on 13/12/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Court is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Adv. Pranjali h/f Purnima Pandit Present for Plff.
None Present for Deft.
Exh.12- Adv of plff has filed service affidavit along with newspaper Free press journal and Navshakti dt.30/12/2020 regarding publication of suit summons as per order dt.06/3/2020. So also suit summons were published in said newspaper on 09/11/2021 as per service affidavit Exh.08. But till today deft did not appear. Hence suit be proceeded Ex-parte against him.
Adj. For Ex-parte Evidence on 01/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Adv. Pranjali Asubre I/b Adv. Purnima Pandit Present for Plff.
None Present for Deft.
Exh.13. Adv of plff has filed chief examination of PW-1.
PW-1 present, oath given to witness.
Exh.14. Adv of plff has filed list of document.
Heard Adv.of plaintiff on the point of exhibiting the documents. As the suit is ex-parte, no argument of defendant. Documents are sr. no. 1 to 9 filed with list Exh.14 are the same documents which were filed with plaint. The document at sr.no.10 is copy of power of attorney of PW-1 and it is verified from its original. There is no additional document. Hence documents are marked exhibit as under.
Exh.15 - Letter of sanction to the borrower dt. 01/12/2016.
Exh.16 - Demand promissory note dt. 03/12/2016.
Exh.17 - Letter of authority to make payment directly to the dealers dt. 03/12/2016.
Exh.18 - Letter of installment with acceleration clause dt. 03/12/2016.
Exh.19 - Instrument of hypothecation of vehicle dt. 03/12/2016.
Exh.20 - Declaration cum undertaking cum authority dt. 03/12/2016.
Exh.21 - Irrevocable power of attorney dt. 03/12/2016.
Exh.22 - Advocate notice dt.21/06/2018.
Exh.23 - Statement of account.
Exh.24 - Copy of power of attorney.
Suit is ex-parte, hence, no cross.
Adj. For Further evidence of Plff on 23/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv. Rohit Yadav h/f Adv. Kavita Singh Present for Plff.
None Present for Deft.
Adv of plff seeks time to file Further Ex-parte evidence. Granted.
Adj. For Further Ex-parte evidence on 10/03/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Pranjali Asubre I/b Adv. Purnima Pandit for plaintiff present.
None present for defendant.
Exh.25 Adv.of plaintiff has filed evidence closure pursis.
Heard argument of Adv.of plaintiff.
FRSR following order passed.
ORDER
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.6,39,306/- and interest @ 11.50percent p.a. on principal sum of Rs.6,23,394/- from the date of suit till realisation of the amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 10-03-2023