Date: 04-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv. D.B.Raghani for plaintiff present.
Adv. for defendant absent.
Advocate for plaintiff tender original writ of summons. -TOR.
Matter adjd to 17.03.2020 for affidavit in service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: As per office order no. 66/2020 Board is Discharge
Matter Adjd to 13-08-2020 for affidavit service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: PO is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: As per office order 64/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: None present for both parties.
KB
LO
None present.
Matter is adjd to 08.12.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Exh.1 Plaint
Exh.2 Vakalatnama
Exh.3 Memorandum of address in plaint.
Exh.4 List of documents in plaint.
Adv. Chavan for the plaintiff present and filed service affidavit. t.o.r. It is marked as Exh.5.
None for defendants.
Matter is adjd. to 03/02/2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is Adjd. for Hearing to 25-03-2022.
Next Purpose: HEARING
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: P.O. is on leave
Next Purpose: HEARING
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: None present for Plaintiff.
Adjd to 15/09/2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: As court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: As court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: As court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: As court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: Adv.Pushpa Thapa present for plaintiff.
None present for defendant.
KB.
L.O. at 1.00 pm.
Adv.Pushpa Thapa present for plaintiff, tendered draft CS @ affidavit TOR.
O-Leave granted to register.
None present for defendant.
Heard. Peruse the report of bailiff Exh.5 the writ of summons to defendant No. 1 and 2 returned with remark of unclaimed. Hence, the plaintiff has attempted to serve at correct address. Consequently she deserves to be permitted for service of Writ of Summons by paper publication, hence, I proceed following order
Order
1. Draft Chamber Summons stands disposed of as allowed.
2. Writ of Summons be published in news paper as prayed for.
3. Draft Chamber Summons disposed of accordingly.
Matter stands adjourned for Compliance on 10-11-2023.
L.O. at 4.45 pm
Adv. Pushpa Thapa present for plaintiff, tendered register Chamber
Summons No. 1471/23 TOR.
Matter stands adjourned for Compliance on 10-11-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2024
Date: 18-01-2024
Business: Adv.Yasmin Sarang present for plaintiff. Seeking time. Time is granted.
None present for defendant.
Matter stands adjourned for compliance on 28-02-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Adv. Yasmin Sarang present for plaintiff, tendered service affidavit TOR marked as Exh.6.
None present for defendant.
As per the report Exh.6, the summons is served by paper publication on defendant, but he failed to appear. Hence, proceed ex-parte.
Matter stands adjourned for Ex-parte evidence on 19-04-2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: None present.
Kept back.
L.O. at 1.30 pm.
Adv. Sonali Powar present for plaintiff. Seeking time. Time is granted.
None present for defendant.
Matter stands adjourned for R/E on 04-07-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2024
Date: 04-07-2024
Business: P. O. is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-09-2024
Date: 05-09-2024
Business: Adv. Rajlaxmi Punjabi for plaintiff present.
None present for defendant.
Kept back.
Later on 12.40 P.M.
Adv. Rajlaxmi Punjabi for plaintiff present tendered affidavit of evidence along with compilation of documents TOR marked as Exh. 07 and Exh.08.
Matter stands adjourned for Marking on 14-11-2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-11-2024
Date: 14-11-2024
Business: Adv. Pushpa Thapa present for plaintiff.
None present for defendant.
The following documents are exhibited under the list Exh.08.
The Document at Sr.No.01 is the true copy of authority letter dated 21st August 2023 TOR marked as Exh.09.
The Document at Sr.No.02 is the sanction letter dated 12th April 2012 issued by plaintiff in favour of the deceased TOR marked as Exh.10.
The Document at Sr.No.03 is the demand promissory note dated 12th
Rs. 2,00,000/- executed by original borrower TOR marked as Exh.11.
The Document at Sr.No. 04 is the form No.159 letter of continuity dated 12th April 2012 executed by original borrower TOR marked as Exh.12.
The Document at Sr.No.05 is the form No.199 undertaking executed by original borrower TOR marked as Exh.13.
The Document at Sr.No. 06 is the form No.256 revise letter dated 12th April 2012 of guarantee executed by original borrower and guarantor TOR marked as Exh.14-Colly.
The Document at Sr.No. 07 is the letter dated 15th April 2017 addressed by the plaintiff to the defendant No.01 TOR marked as Exh.15.
The Document at Sr.No.08 is the letter of revival dated 13th November 2017 executed by defendant No.1 and 2 TOR marked as Exh.16.
The Document at Sr.No.10 is the statement of account duly certified under the bankers evidence act TOR marked as Exh.17-Colly.
The Document at Sr.No. 11 is the certificate under confirmation and technology Act TOR marked as Exh.18.
Matter stands adjourned for evidence on 10-01-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2025
Date: 10-01-2025
Business: As court is vacant. Hence, matter is adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2025
Date: 20-03-2025
Business: As court is vacant. Hence,matter is adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2025
Date: 09-06-2025
Business: As court is vacant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2025
Date: 12-08-2025
Business: Adv. Rajlaxmi Punjabi present for plaintiff.
None present for defendant.
kept back.
Later on at 12.45 pm.
Adv. Rajlaxmi Punjabi present for plaintiff, tendered evidence closing pursis TOR marked as Exh.19.
Heard the arguments of plaintiff.
Ex-parte Judgment Exh.20.
FRSR following order is passed
ORDER
1.Suit No.2663 of 2019 is partly decreed with costs.
2.Defendants shall pay jointly and severally an amount of Rs.1,58,329.70/- (Rupees One Lakh Fifty Eight Thousand Three Hundred Twenty Nine and Seventy Paise Only) to plaintiff with interest at the rate of 15.75 percent p.a. from date of filing of suit till its realization.
3.Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
Nature Of Disposal: PARTLY DECREED
Disposal Date: 12-08-2025
