Date: 21-10-2019
Business: Holiday declared on account of election.
Next Purpose: REPORT
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Next Purpose: REPORT
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Shah For plff. Present.
Adv. For deft. Absent.
Adv. For the plff. tendered writ of summons. t.o.r. Exh-5 Order- Seen and filed.
He also filed affidavit of service. t.o.r. Exh-6
Service not completed.
Matter is adjd to 17.03.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 17.06.2020 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: Due to Covid - 19 Pandemic none appeared.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Court is on Leave.
Matter is adjd to 05.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Both the parties and their advocate are absent.
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
Matter is adjd to 27.07.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 24.09.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Court is Vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: None present for Plaintiff.
None present for Defendant.
Matter adj. to 19/04/2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: P.O. is on Trining
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Pushpa Thappa for Plaintiff present, and seeks time to serve the writ of summons on the defendant.
As the matter is pending for the service since long time, plaintiff to take effective steps to serve the defendants.
Matter adjourned to 12.10.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: Adv.Smt.Pushapa Thapa for plaintiff present. She tendered draft Chamber of Summons along with affidavit seeking substituted service.
Heard Ld.Adv. for plaintiff. She submits summons sent to the defendants have returned unserved for the reason “left”. She submits that plaintiff has the only address of defendant which is mentioned in the cause title of suit. She submits that service of summons through ordinary mode is not possible and hence she may be permitted to serve by paper publication.
Perused C/S and affidavit. I have also gone through earlier affidavit of service (Exh-6). It transpires that the summons sent through post are returned unserved. As the address provided on record is the only last known address, I find it just and proper to allow service of writ of summons through paper publication as per Rule 20 of order V of CPC. Hence, the order-
ORDER.
1. Draft Chamber Summons is allowed in terms of prayer clause (a).
2. Draft Chamber Summons is disposed of accordingly.
3. Plaintiff to register Chamber Summons forthwith for statistical purpose.
Matter is adj to 23/02/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv.Pushpa Thapa for plaintiff present. She filed application (Exh-7) for extension of time for service thorough paper publication.
Order-Application allowed as a last chance.
Matter is adj to 29/04/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Yasmin Sarang for plaintiff present. She filed affidavit of service by way of paper publication T.O.R marked as Exh-8.
From the affidavit it transpires that defendant is served with the writ of summons through Paper Publication in English as well as Marathi news paper dated 03/03/2023. Despite service defendant failed to cause appearance. Hence, suit to proceed ex-parte.
Matter is already adj to 24/07/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: P.O. IS ON LEAVE
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: Court is on leave in first session.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: P.O. is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2024
Date: 11-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The matter is pending for ex-parte evidence since long. The plaintiff has not taken steps. The plaintiff is given last chance to take the steps.
Matter is adj to 02.05.2024 for filing ex-parte evidence.
Later on at 1.53 pm
Adv. Datta Pawar for plaintiff is present.
Matter is already adj to 02.05.2024 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-05-2024
Date: 02-05-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Yasmin Sarang for plaintiff is present.
Matter is adj to 20.06.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Sujata Kumar, 35 years Thane, Representative of the plaintiff is present.
Adv. Pushpa Thapa for plaintiff is present and filed Evidence affidavit and list of documents along with documents. Taken on record. They are marked as Exh-9 and 10 respectively.
Matter is adj to 29.07.2024 for hearing on admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Datta Pawar for plaintiff is present.
Heard counsel for the plaintiff on admission and denial of documents.
Perused documents filed by the plaintiff vide list Exh-8, it appears that plaintiff has not properly referred the documents. Hence, plaintiff to satisfy said aspect.
Matter is adj to 13.09.2024 for hearing on admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: P.O. IS ON LEAVE
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chance to argue on exhibiting documents.
Matter is adj to 19.12.2024 for hearing on exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-12-2024
Date: 19-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 30/01/2025 for ex-parte evidence.
Later on 12.40 pm
Adv. Vrunda Surve for plaintiff is present.
Matter is adj to 30/01/2025 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-01-2025
Date: 30-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 07.04.2025 for filing ex-parte evidence.
Later on at 12.39 pm
Adv. Pushpa Thapa i/b Haridas and Co. for plaintiff is present.
Matter is adj to 07.04.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-04-2025
Date: 07-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 09.07.2025 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-07-2025
Date: 09-07-2025
Business: P.O.IS LEAVE
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-08-2025
Date: 28-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 23.09.2025 for hearing on exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-09-2025
Date: 23-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Plaintiff is given last chance to argue on exhibiting documents.
Matter is adj to 03.11.2025 for hearing on exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-11-2025
Date: 03-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rajlaxmi Punjabi i/b M/s Haridas and Co. for plaintiff is present.
The defendant and his counsel are absent.
Heard counsel for plaintiff on exhibiting documents.
Matter is adj to 24.11.2025 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-11-2025
Date: 24-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Keep back.
Later on at 12.27pm
Adv. Pushpa Thapa i/b Adv. Haridas and Co. for plaintiff is present.
Perused documents filed by plaintiff vide list Exh-10. Documents at Sr. No.1, 2, 4 to 9, 12 and 15 are original, document at Sr. No.3 is carbon copy and document at Sr. No.11 and 12 are office copies . Hence, these documents are marked as exhibits.
Document at Sr. No.10 and 12 are print outs not supported by requisite certificate. Hence, these documents are not marked as exhibits.
Exh-11 Original Authority Letter dated 11.10.2022
Exh-12 Letter dated 04.04.2012
Exh-13 Carbon copy of Sanction letter dated 11.04.2012
Exh-14 Original Demand Promissory Note of Rs.2,00,000/-
Exh-15 Original Form No. 159
Exh-16 Original revised clause pertaining to rate of interest executed.
Exh-17 Original Form No. 199
Exh-18 Original Letter of Guaranteee
Exh-19 Original letter of Guarantee
Exh-20 Original Letter dated 21.04.2015
Exh-21 Office copy of letter dated 03.06.2016
Exh-22 Original Balance and security confirmation letter dated 16.04.2018
Exh-23(colly) Office copy of letter dated 08.05.2019 along with A. D. card.
Exh-24 Original Certificate under Information and Technology Act
Exh-25 Evidence close pursis.
Matter is adj to 16.12.2025 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-12-2025
Date: 16-12-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Harshita Reddy for plaintiff is present.
Keep back.
Later on at 1.06 pm
Adv. Rajlaxmi Punjabi i/b M/s Haridas and Co. for plaintiff is present.
Heard ex-parte argument advocate for plaintiff
Matter is adj to 03.01.2026 for further argument/ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-01-2026
Date: 03-01-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kirti Vengurlekar i/b Haridas and Co. for plaintiff is present.
No further argument.
Ex-parte judgment is marked as Exh-26.
FRSR following order is passed
Order
1)Summary Suit No. 848 of 2019 is hereby decreed with costs.
2)The defendants shall jointly and severally liable to pay an amount of Rs. 2,22,469/- (Rupees Two Lakhs Twenty Two Thousand and Four Hundred Sixty Nine only) to the plaintiff.
3)The defendants shall jointly and severally liable to pay to the plaintiff simple interest on Rs. 2,22,469/- at the rate of 16 percent per annum from 02/08/2019 i.e. the date of filing of suit till its full realization.
4)The plaintiff is entitled to get a refund of the court-fees paid, if any, as per the Rules.
5)The decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 03-01-2026