Date: 26-09-2019
Business: Adv. Divya Vishwanath for plaintiff present.
Issue writ of summons to the defendant.
Adjourned for affidavit of service of writ of summons to 14.11.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Vishwanathan for plaintiff present.
Affidavit of service filed by the plaintiff.
It appears that none of the defendants have been served. The ld. counsel for the plaintiff seeks time to take steps.
Adjourned for steps to 20.11.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Vishwanathan for plaintiff present.
The Ld. advocate for the plaintiff seeks time to take steps to serve the defendant. Adjourned as a last chance for taking steps to 5.12.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. Ms. Vishwanathan for plaintiff present.
None for deft.
Plaint.
Vakalatnama.
Memo of address.
List of documents.
Application for substituted service.
O. - Read application. Heard. The Ld. Counsel for the plaintiff submitted that plaintiff has taken effort to serve deft. by registered post A.D. The sealed envelopes with writ of summons in it returned unserved with postal endorsement that the defendants left the said address. The Ld. Counsel for the plaintiff further submitted that plaintiff has already filed affidavit of service to that effect. She would submit that before filing of the suit, letters were issued to the defendants which were duly served on the address mentioned in the cause title. The plaintiff is not aware of any other address of deft. and therefore, presses for substituted service.
I perused the record. On going through the record, it reveals that the defts. were not served for the reason that they left the said premises. Plaintiff is a constituted banking company and therefore, it is not possible for plaintiff to have the other address of the defts. Apart from that, it is stated on oath that defts. were served with legal notice on the same address. In this background, the application for substituted service needs consideration. Hence, it is expedient to pass following order.
ORDER
1. Application (Exh.5) is allowed.
2. Plaintiff is permitted to serve writ of summons to the defendants by advertisement in daily newspaper widely circulated in the locality where the defendants last resided both in English and regional language.
3. In addition, the plaintiff to serve writ of summons to defendants by email.
4. Application (Exh.5) is disposed off accordingly.
The matter is adjd for affidavit of service to 14.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv. Divya Vishwanath for plaintiff present.
None for deft.
Counsel for plaintiff tendered affidavit of service along with publication of writ of summons and the copy of the email forwarded to the defendants. T.O.R.
None present on behalf of defendants when matter was called at 11.10 am.
Matter is adjourned for order.
The matter is adjd for order to 21.01.2020.
Next Purpose: ORDER
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Vishwanath for plaintiff present.
None for deft.
Plaintiff has already filed service affidavit. The defts. were duly served. Despite the service, the defts. did not appear, hence suit to proceed ex-parte against deft. nos.1 to 3.
The matter is adjd for ex-parte evidence to 27.01.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Vishwanath for plaintiff present.
None for deft.
Affidavit of evidence of PW-1 Mohnish Kumar. T.O.R.
Compilation of documents. T.O.R.
Verification of PW-1 is completed.
The matter is adjd for hearing on Exh.7 to 03.02.2020.
Next Purpose: HEARING
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv. Vishwanath for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time for hearing on admissibility of documents. Granted.
The matter is adjd for hearing to 11.02.2020.
Next Purpose: HEARING
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Adv. Ms. Vishwanath for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to furnish documents. Granted.
The matter is adjd for hearing to 15.02.2020.
Next Purpose: HEARING
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Adv. Vishwanath for plaintiff present.
None for deft.
Adv. for plaintiff filed application for adjournment.
O. - Read application. Considering the reason, adjourned as a last chance.
The matter is adjd for hearing to 25.02.2020.
Next Purpose: HEARING
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Court is on leave
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Adv. Ms. Vishwanath for plaintiff present.
Application for permission to tender additional evidence.
O Read application.
Considering the reason permission is granted.
To tender additional evidence.
Compilation document filed by the pltff.
Additional affidavit of examination in chief filed. Verification completed.
Amended index tender by the pltff.
Order below Exh.7 and 7(A).
There is sufficient evidence in respect of the documents. Even certificate under section 65(B) of the Evidence Act and Bankers Books Evidence Act are tendered therefore. The documents are marked as Exh.9.
Original authorization letter issued by the Plaintiff in favour of Mr. Mohnish Kumar.
Original Credit Card Application form submitted by the Defendant no.1 alongwith copies of personal documents and approval granted.
Original Credit Card Application form submitted by the Defendant no.2 alongwith copies of personal documents and approval granted.
Original letter dated 30th October 2017 issued by the Defendants in favour of the Plaintiff.
Original Policy, terms and conditions of the Credit Cards issued by the Plaintiff.
Printed Copy of the Credit Card Statement raised against the Credit Card of Defendant No.1
Printed Copy of the Credit Card Statement raised against the Credit Card of Defendant No.2
Printed Copy of the Ledger showing the transaction details of Defendants.
Printed Copy of the e-mail declaring the Current A/c of the Defendants as NPA
Original Legal Notice dated 4th June 2019 addressed by the Plaintiff\''s advocates to the Defendants.
Original Speed Post Receipts and acknowledgements of the aforesaid Legal Notice.
Puris filed by advocate for pltff
Matter is adjd to 05.03.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv. Vishwanath for plaintiff present.
Adv. for plaintiff filed notes of arguments.
O. - Read and recorded.
Heard arguments of Adv. for plaintiff.
The matter is adjd for judgment to 16.03.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Advocate Ms. Divya Vishwanath for plaintiff is present.
This case is transferred to this Court from Court no.1.
Arguments heard by advocate for plaintiff and she also filed written notes of arguments.
None present for defendant.
Adjourned for Judgment to 18.03.2020.
Judge
Next Purpose: JUDGMENT
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Parties and their advs are absent.
Adjourned for Judg to 27.03.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: JUDGMENT
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: JUDGMENT
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National lockdown due to Covid 19
Next Purpose: JUDGMENT
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdwon due to Covid 19
Next Purpose: JUDGMENT
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: JUDGMENT
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: JUDGMENT
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: JUDGMENT
Next Hearing Date: 04-07-2020
Date: 04-07-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE.
Both parties and their advs are absent when called out.
The court is engaged in other matters.
The matter is adjd for judgment to 18.07.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Business: None present for plaintiff.
None present for defendants.
Today this matter is fixed for the (ex-parte) Judgment. The Court is engaged in hearing on other urgent matters.
Adjourned for (ex-parte) Judgment to 30.07.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Business: National Lockdown
Next Purpose: JUDGMENT
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: JUDGMENT
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: JUDGMENT
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: JUDGMENT
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: Both the parties and their advocates are absent.
Adjd. for argument to 27.10.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) arguments to 22.12.2020.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Advocate Divya Vishwanath for plaintiff is present.
None present for defendant.
Adjourned for arguments to 11.01.2021.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv. Divya Vishwanath for plaintiff present.
None for defendant
Heard argument of Adv. Divya Vishwanath for plaintiff.
Exh. 23 - Judgment
F.R.S.R the following order is passed-
Order
1. Suit is partly decreed with cost.
2. Defendants no. 1 to 3 shall, jointly and severally, pay an amount of Rs. 6,94,384/- (Rupees Six Lakhs Ninety Four Thousand Three Hundred Eighty Four Only) with further interest @ 12 percent p.a. from the date of suit till realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 21-01-2021