Date: 06-01-2020
Business: Adv. M. R. Patel for plaintiff present.
The ld Adv appearing for plff seeks time to serve writ of summons. Time extended.
Issue writ of summons to defendant and plaintiff to file service affidavit.
Matter adjd service affidavit on 21/01/2020 on at 11.00 am
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Mrs. Patel for plaintiff present.
She submits that report of service of writ of summons is awaited. Hence matter adjourned for service affidavit.
Matter adjd for service affidavit on 01/02/2020 at 11.00 am
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Adv. M. R. Patel for plaintiff present.
None for deft.
Ex.02 Plff adv filed service affidavit t.o.r. O- Seen.
Adv for plff filed draft Chamber Summons. Heard Ld Adv for plff. Leave granted to register C/S.
Order passed on draft C/S
1. Plaintiff is permitted to serve deft. with writ of summons by paper publication.
2. The Draft C/S is disposed off.
3. Draft C/S be registered for statistical purpose.
Matter adjd for service affidavit and tendering original registered C/S to 05-03-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv. M.R. Patel for plaintiff present.
None for defendant.
Ld adv for plaintiff filed original Registered disposed of Chamber Summons No. 191/2020 along with affidavit t.o.r.
She seeks time for paper publication. Time granted till next date.
Matter adjd for service affidavit to 15-04-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for filing service affidavit to 09.10.2020 at 11.00 a.m.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Plaintiff and their advocates are absent when called out.
Adjourned for filing service affidavit on 06.01.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv. Mahesh Karule for plaintiff ,prayed for adjournment.
None for defendant.
Matter is adjd.to 28-01-2021 for Affidavit of service.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv. Shubham Sawant for plaintiff , prayed for time to file service report.
None for defendant
Matter is adjd.to 11-02-2021 for service report.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv. Mr. Shubham Sawant for plaintiff present.
None for defendant.
Exh.3- Service affidavit submitted by plff.
In view of Exh.2, summons by RPAD bear endorsement as “Left”, in view of Exh.3 Summons is duly served by publication in local two news papers. Suit to proceed Ex-parte.
Matter is adjd.to 02.03.2021 for Ex-parte hearing.
Next Purpose: HEARING
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 05.04.2021 for hearing (ex-parte).
Next Purpose: HEARING
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 21.06.2021 for hearing (ex-parte).
Next Purpose: HEARING
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: HEARING
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Both the parties absent when called out.
Matter is adjd.to 05-08-2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv. Shubham Sawant for plaintiff present.
None for defendant
Matter is adjd.to 20-08-2021 for (ex-parte) evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: plaintiff present.
Adv. Subham Sawant for plaintiff present and filed evidence affidavit of witness – Ravi Shankar t.o. r. and marked as Exh.4
Adv. for plaintiff filed list of documents t.o.r. and marked as Exh.5.
Witness Ravi Shankar verified contents as well as his signatures on evidence affidavit Exh. 4 and admitted the same to be true and correct. Witness Ravi Shankar proved documents filed with list Exh. 5 as under :-
Exh. 6 – Sanction Letter
Exh. 7 – Supplementary agreement.
Exh. 8 - Demand Promissory Note.
Exh. 9 – Letter of Waiver
Exh. 10 – Letter of Continuity
Exh. 11 – Letter of Interest Variation
Exh. 12 – Deed of Hypothecation
Exh. 13 – Defendant Email
Exh. 14 – plaintiff\''s Advocate\''s Letter
Exh. 15 – Statement of Account of Overdraft Facility under Mudra Scheme.
Exh. 16 – Particulars of plaintiff\''s claim.
Exh. 17 - True copy of power of attorney executed in favor of witness Ravi Shankar.
Matter is adjd.to 03-09 -2021 for (ex-parte) evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv. M. R. Patel for plaintiff present and filed original authority letter dtd. 19-01-2019 with application t.o.r. and marked as Exh. 18 colly.
Adv. for plaintiff also filed evidence close pursis t.o.r. and marked as Exh. 19.
Matter is adjd.to18-09-2021 for argument (Ex parte)
Next Purpose: ARGUMENTS
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Adv. M. R. Patel for plaintiff present.
Heard argument of Adv. M. R. Patel for plaintiff.
Matter is adjd.to 21-09-2021 for exparte Judgt.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: None for plaintiff.
Ex parte judgment pronounced in open court.
Exh. 20 – Ex parte judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 215/2019 is partly decreed.
2. The defendant is directed to pay amount of Rs.7,86,255/- (Rupees Seven Lakhs Eighty-Six Thousand Two Hundred Fifty-Five Only)to the plaintiff with interest @ 10.20% p.a. with quarterly rest from the date of filing of the suit till its realization, within three months from the date of decree.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 21-09-2021