Canara BankVsM/s. Madhuma Tours and Travels +1 more

Date: 24-09-2019
Business: Adv. Ms. Mugdha Sawant for plaintiff present.
None for defendant present.
Issue writ of summons.
Matter is adjd. for writ of summons on 04.12.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Court is on Leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: Advocate Shailaja Shukla for plaintiff is present.
Advocate Tejal Bhagawani for defendant is present and requested short adjournment for filing W.S. Request is allowed.
Exh.1 - Plaint.
Exh.2 - V/P of plaintiff.
Exh.3 - Memorandum of address.
Exh.4 - List of documents.
Exh.5 - Vakalatnama filed by advocate Bhagawani for defendant.
Adjourned for written statement to 28.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Advocate for plaintiff is present.
Advocate for defendant is present and requested short adjmnt for filig W.S. Request is allowed, subject to limitation.
Adjourned for filing written statement on 14/03/2020.
                                                                                           Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-03-2020

Date: 14-03-2020
Business: Advocate for plaintiff is present.
Advocate Ranveer Shekhawat for defendant is present and filed written statement at Exh. 06. Copy served.
Adjourned for draft issues to 28.04.2020.
                                                                               Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Adv. Shraddha Agrawal for plaintiff present.
Adv. for plaintiff filed draft issues. t.o.r.
Court is busy in passing judgment in sessions case No. 715/19. hence adjourned.
Adjd for framing issues to 03/04/2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Court is vacant
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 1.7.2021 for framing issues.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 12.07.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021.  Hence, Matter is adjd to  10.08.2021 for ex-parte hearing.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.58 am
Adv.Shailja Shukla for plaintiff present.
Adv.Ranvir Shekhawat i/b.M/s.Raj Legal for defendant present.
Though caption is showing ex-parte evidence, written statement is on record. Earlier stage was for framing of issues. Admission and denials are not filed, hence, matter adjd for admission and denial on 22.09.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv. Shraddha Agarwal for plaintiff present.
Adv. Ranveer Shekhawat for defendant present.
Plaintiff filed Statement of Truth t.o.r. marked as Exh.07.
She undertakes to serve copy of Statement of Truth to the defendant.
Matter adjd to 14.10.2021 for admission and denial by both parties.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.21 pm,
None present.
KB
LO at 05.15 pm,
None present.
Matter adjd to 15.11.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv. Rishabh Mishra for plaintiff present.
None present for defendant.
On oral request of the defendant, last chance granted for filing admission and denial.
Matter adjd to 04.12.2021 for filing admission and denial by plaintiff.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Reason For Adjournment: court time is over
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.50 pm,
Adv.Saraswati Rajpurohit i/b.Adv.Rajkumar Shukla for plaintiff present.
The plaintiff tendered admission and denial, Exh.8 a/w. affidavit, Exh.9 t.o.r. Copies of same are kept on record for otherside.
No admission and denial by the defendant.
Matter adjd to 15.01.2022 for CMH hearing and issues.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: None present for plaintiff.
None present for defendant.
Issues framed, Exh.10.
In view of SOP dated 06.01.2022, matter adjd to 04.02.2022 for plaintiff\''s evidence/CMH hearing.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: None present.
In view of SOP dated 6.1.2022, matter adjd to 16/02/2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Adv.Mugdha Sawant h/f.Adv.Rajkumar Shukla for plaintiff present.
None present for defendant.
KB for filing evidence.
LO at 03.15 pm,
Adv.Mugdha Sawant h/f.Adv.Rajkumar Shukla for plaintiff present.
The plaintiff filed statement of truth, Exh.11 t.o.r.
The plaintiff filed affidavit of evidence of Mr.Pramod Kumar Singh (PW-1) t.o.r. It is read and recorded and marked as Exh.12.
The plaintiff filed list of documents, Exh.13 t.o.r.
Evidence close pursis, Exh.14 filed by Adv.of plaintiff t.o.r.
Heard Adv.of plaintiff. No argument of defendant. Following order is pass on exhibition of documents.
1. The document at Sr.No.1 is copy of Power of Attorney dated 16.02.2017 (page No.1-8). Read the contents of para No.2 of affidavit of evidence. It is admitted and  marked as Exh.15.
2. The document at Sr.No.2 is original loan application dated 15.01.2016 (page No.9-18). Read the contents of para No.3 of affidavit of evidence. It is admitted and marked as Exh.16.
3. The document at Sr.No.3 is original sanction memorandum dated 18.01.2016 (page No.19-20). Read the contents of para No.4 of affidavit of evidence. It is admitted and marked as Exh.17.
4. The document at Sr.No.4 is original letter evidencing execution of documents dated 18.01.2016 (page No.21). Read the contents of para No.5(a) of affidavit of evidence. It is admitted and marked as Exh.18.
5. The document at Sr.No.5 is original letter of undertaking dated 18.01.2016 (page No.22-25). Read the contents of para No.5(b) of affidavit of evidence. It is admitted and marked as Exh.19.
6. The document at Sr.No.6 is the original particulars of vehicles/machinery/equipments/livestock dated 18.01.2016 (page No.26). Read the contents of para No.5(c) of affidavit of evidence. It is marked as Exh.20.
7. The document at Sr. No.7 is the original Deed of Hypothecation dated 18.01.2016 (page Nos.27 to 34). Read the contents of para No.5(d) of affidavit of evidence.  It  is marked as Exh.21.
8. The document at Sr. No.8 is the copy of legal notice, postal receipt and acknowledgement card dated 25.06.2018 (page Nos.35 to 39). Read the contents of para No.7 of affidavit of evidence.  It is marked as Exh.22.
9. The document at Sr. No.9 is the statement of account a/w. certificate (page No.40 to 47). Read the contents of para No.8 of affidavit of evidence.  It is marked as Exh.23 (colly.).
10. The document at Sr. No.10 is the particulars of plaintiffs claim (page No.48). It is marked as Exh.24.
Matter is adjourned for cross-examination by defendant.
Matter adjd to 21.02.2022 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.17 pm,
Adv.Saraswati Rajpurohit h/f.Adv.Rajkumar Shukla for plaintiffs present.
The defendant absent.
ORDER BELOW EXH.12
Witness Mr.Pramod Kumar Singh is present. The defendants are absent. Hence, no cross-examination by the defendants.
       The plaintiffs have already closed their evidence. Hence, adjd for evidence of defendant.
Heard the plaintiff on CMH. Defendants are absent for submission. Following schedule is fixed.
On 24.02.2022
Evidence of the defendant.
On 28.02.2022
Cross-examination of defendant/argument.
On 01.03.2022
Argument/judgment.
On or before 03.03.2022
For Judgment if judgment is not delivered on 01.03.2022.
Matter adjd to 24.02.2022 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: None present for plaintiff.
None present for defendant.
The defendant remain absent, no evidence by the defendant, hence, suit to proceed without evidence of the defendant.
Matter adjd to 28.02.2022 for argument/judgment.
                                                                                              Judge
LO at 11.34 am,
Adv.Saraswati Rajpurohit i/b.Adv.Rajkumar Shukla for plaintiff present.
Matter adjd to 28.02.2022 for argument/judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv. Rishabh Mishra present for plaintiff.
None present for defendant.
Heard the plaintiff\''s final argument.
No argument  of the defendant.
Matter adjd to 01.03.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: None present for plaintiff.
None present for defendant.
Court pronounced the Judgment and passed following order
O R D E R
1. Suit is decreed with costs.
2. The defendants do pay jointly and severally to the plaintiff an amount of Rs.5,84,380/- (Rupees Five Lakhs Eighty Four Thousand Three Hundred Eighty only) alongwith interest at the rate of 9.70 percent p.a. from the date of filing of the suit till its realisation.
3.Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 01-03-2022

Registration Number: 101018/2021
Transfer Date: 14-03-2020
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 20 - COURT 20 ADDL SESSIONS JUDGE

Registration Number: 101018/2021
Transfer Date: 27-05-2021
From Court: 20 - COURT 20 ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Filing Number: 110037/2018
Filing Date: 25-07-2018
First Hearing Date: 24th September 2019
Decision Date: 01st March 2022
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE