Date: 03-01-2019
Business: Adv. Vaibhav Kamble for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed application for extension of time to serve the writ of summons against the defendant.
Order Time is extended.
Matter is adjd. to 20/02/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 20-02-2019
Date: 20-02-2019
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 16/04/2019 for Service report.
L.O.
Adv. Vaibhav Kamble for plaintiff present.
Next Purpose: REPORT
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: None present
Matter is Adjd for Affidavit of Service to 16/09/2019
L.O.
Adv for plaintiff Mr.Vaibhav Kamble present
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: P.O. Is on leave. Adjd to 20/11/19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Vaibhav Kamble for plff present.
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Affidavit of service .
Affidavit of service of summons alongwith the acknowledgments of EMS speed post show that summons has been served on the defts on 05.02.2019. Despite service of summons defts no. 1 to 3 failed to appear. Hence, suit to proceed exparte against the deft.
Adjd. to 12.12.2019 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: None present for the both the parties.
Adj. For Evidence on 04/02/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. Kamble for plaintiff
On the request of plaintiff adjd for Ex-parte evidence to 23-04-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-04-2020
Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-05-2020
Date: 14-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-06-2020
Date: 03-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-06-2020
Date: 20-06-2020
Business: National lockdown.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: None present.
Adjd to 11-03-2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: None present.
Adjd to 11/08/2021 for R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: None for plaintiff.
Matter is pending for (ex-parte) evidence since 12-12-2019. Hence, plaintiff is directed to lead evidence failing which necessary order will be passed on the next date.
Matter is adjd.to 07-09-2021 for (ex-parte) evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Both parties are absent.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv. Vaibhav Kamble for plaintiff present and prayed for adjournment – granted.
Matter is adjd.to 29-10-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. Vaibhav Kamble for plaintiff along with witness Rakesh Kumar Chaudhary present and filed evidence affidavit of witness Rakesh Kumar Chaudhary t.o.r. and marked as Exh. 6
He also filed list of documents t.o.r. and marked as Exh.7
Oath is administered to witness Rakesh Kumar Chaudhary . He stated on Oath that evidence affidavit Exh.6 bears his signature and contents therein are correct. He also proved documents filed with list Exh. 7 and they are Exhibited as under -
Exh. 8 – Loan application submitted by defendant. (Original)
Exh. 9 – Sanction Letter 30-08-2016(Original)
Exh. 10 – Demand Promissory Note dtd. 03-09-2016. (Original)
Exh. 11 – Hypothecation agreement dtd. 03-09-2016.(Original)
Exh. 12 - Undertaking regarding Bank’s right to Demand Outstanding Balance any time dtd. 03-09-2016 (Original)
Exh. 13 – Deed of Guarantee dtd. 03-09-2016 (Original)
Exh. 14 – Copy of the Legal Notice dtd. 23-01-2018
Exh. 15 – India Postal Tracking Report with receipts (Original)
Exh. 16 – AD Card (Original)
Exh. 17 – Statement of Account – Vehicle loan of the defendant (Original)
Exh. 18 – Particulars of claim of the plaintiff (Original)
Exh. 19 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 29-11-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Vaibhav Kamble for plaintiff present.
Heard Ld. Adv. Vaibhav Kamble for plaintiff.
Matter is adjd.to 03-12-2021 for ex parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Vaibhav Kamble for plaintiff.
Exh.20 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.749/2021 is partly decreed.
2. The defendants are directed to pay amount of Rs. 4,52,069/- (Rupees Four Lakhs Fifty Two Thousand Sixty Nine Only )to the plaintiff with interest @ 11.45 % 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 defendants shall bear the costs of the suit.
4. Defendants No. 1 to 3 shall be jointly and severally liable for payment of decretal amount.
5. Decree be drawn up accordingly
Nature Of Disposal: PARTLY DECREED
Disposal Date: 03-12-2021