Date: 30-11-2019
Business: Adv for plaintiff Ms.Nimbalkar present.
None for the defendant.
Adv for plaintiff filed affidavit of Service with the remark that defendants have left the premises.
Adv for plaintiff filed draft C/S along with affidavit for
issuance of summons by way of paper publication.
Order-C/S is allowed Issue summons by way of publication in two news paper and one of them shall be in local language. C/S stands disposed of. C/S be register for statistical purpose.
Matter is Adjd for Affidavit of Service to 24.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: None present.
L.O.
Adv for plaintiff Mr.Patade present.
Exh02 Adv for plaintiff filed application for issuance of summons by way of paper publication.
O-Application allowed and summons be publish in two news papers and one of them shall be in the local language.
Matter is Adjd for Affidavit of Service to 15.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: P.O.is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-11-2020
Date: 04-11-2020
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 25/11/ 2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
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 19.12.2020 for affidavit of services.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Adv.Sourabh Talekar for plaintiff present.
None for defendant.
In view of order dtd.24.01.2020 (before three months of lockdown) plaintiff is permitted to publish writ of summons in the local news paper, however, till today plaintiff fail to comply order dtd.24.01.2020 .
Today also plaintiff tender application for extension to publish writ of summons- Allowed as a last chance.
Plaintiff is directed to comply order dtd.24.01.2020 without fail otherwise necessary order would be pass on next date.
Matter adjd to 05.01.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Adv. Saurabh Talekar for plaintiff present.
Adv.for defendant absent.
Affidavit of service filed by Adv. for plaintiff, Exh.4 t.o.r.
Matter adjd to 29.01.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv.Saurav Talekar for plaintiff present.
None present for defendant.
ORDER BELOW EXH.4
Perused the affidavit in respect of service of writ of summons to the defendant. Paper publication of the summons was carried out on 29.12.2020. The defendant is deemed to be served. The defendant had not appeared in the suit. Suit be proceed ex-parte against defendant.
Matter adjd to 26.02.2021 for ex-parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Rushikesh Maskikar for plaintiff.
Adv. for defendant absent.
Ld. Adv for plaintiff seek time to file evidence. Time granted.
Matter adjd to 12.03.2021 for Ex-parte R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv.Saurav Talekar for plaintiff present.
None present for defendant.
Adjournment application, Exh.5 filed by Adv. of plaintiff t.o.r.
Matter adjd to 22.03.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv.Saurabh Talekar for plaintiff present.
None present for defendant.
Adv. of plaintiff filed affidavit of examination-in-chief, Exh.6 t.o.r.
O-filed.
List of documents, Exh.7 filed by Adv. of plaintiff t.o.r.
O-put up for order.
Matter adjd to 01.04.2021 for recording evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Plaintiff absent
Defendant absent.
Adv. Saurabh Talekar for plaintiff is present.
None for defendant.
Affidavit of examination in chief of PW-1 filed by advocate of plaintiff.
Affidavit of PW-1 Sudhir Kasare resumed on S.A.
Advocate for plaintiff filed Statement of Truth.
Advocate of applicant filed evidence closing pursis.
List of documents filed by advocate of plaintiff.(i.e.Exh.7) O:- Documents Sr.No.1 to 22 and 25 are exhibited formally. Its evidenciary value will be considered as the time of final argument.
Authority Letter dated 19th March, 2021. Vide Exh.10
Loan Application dated 22nd June, 2017.Vide Exh.11
Original Letter of confirmation dated 24th June, 2016. Vide Exh.12
Original Simple Loan Agreement with terms and condition dated 24th June, 2016. Vide Exh.13
Original general Term Loan Agreement dated 24th June, 2016.Vide Exh.14
Original Interest Agreement (for MCLR Loans) Dated 24th June, 2016. Vide Exh.15
Original demand Promissory Note dated, 24th June, 2016. Vide Exh.16
Original Letter of continuity dated 24th June 2016.Vide Exh.17
Original Loan Application dated 30th June 2017. Vide Exh.18
Original General Term Loan Agreement dated 27th July,2016. Vide Exh.19
Original Hypothecation of the said Vehicle Agreement dated 27th July,2016. Vide Exh.20
Original Demand Promissory Note dated 27th July,2016. Vide Exh.21
Original Letter of Continuity dated 27th July,2016. Vide Exh.22
Original Copy of Interest Agreement (For MCLR Loans) dated 27th July,2016. Vide Exh.23
Original Letter of Undertaking from the Borrower dated 27th July,2016. Vide Exh.24
Original Recall Notice dated 9th May,2017. Vide Exh.25
Original Notice to take Possessions of the said Vehicle dated 11th September,2017. Vide Exh.26
Printout of Account Statement ( A/C No.316606120000002) Vide Exh.27
Printout of Account Statement ( A/C No.316606120000002) Vide Exh.28
Original Public Notice in English Newspaper beibng \"Business Standard\" dated 21st August,2018. Vide Exh.29
Original Public Notice in Marathi Newspaper being \"Tarun\" dated 21st August,2018. Vide Exh.30
Original Sale Certificate dated 11th September,2018. Vide Exh. 31
Original Certificate under Section 65 B (4) of the Indian evidence Act, 1872 dated 19th March,2021. Vide Exh.32
Matter adjd to 03/04/2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv. Saurabh Talekar i/b M/s. S. Ashwinikumkar & Co.LLP for plaintiff present.
Adv.for defendant absent.
Heard argument of Adv. Saurabh Talekar for plaintiff.
Matter adjd to 05.04.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv. Saurabh Talekar i/b M/s. S. Ashwinikumkar and Co. LLP for Plaintiff present.
Adv. for defendant absent.
Matter adjd to 07.04.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv. Saurabh Talekar for plaintiff present.
None present for defendant.
Judgment dictated in open Court.
F.R.S.R. following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendants are directed to pay to the plaintiff the sum of Rs.2,10,916.03/- (Rupees Two Lakhs Ten Thousand Nine Hundred and Sixteen and Three Paise Only). The defendant is further directed to pay the interest at the rate of 11.60 % p.a. on sum of Rs.2,13,061.02/- (Rupees Two Lakhs Thirteen Thousand and Sixty One and Two Paise Only) from the date of filing of the suit till its realization.
3. The defendants are further directed to pay to the plaintiff the sum of Rs.3,30,286/- (Rupees Three Lakhs Thirty Thousand Two Hundred and Eighty Six Only). The defendant is further directed to pay the interest at the rate of 11.60 % p.a. on sum of Rs.3,33,644.96/- (Rupees Three Lakhs Thirty Three Thousand Six Hundred and Forty Four and Ninety Six Paise Only) from the date of filing of suit till its realization.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 07-04-2021