Date: 06-01-2020
Business: Adv. Sridevi for plaintiff.
On oral request time is extended for issuance of summons. Adjd to 17.02.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Priya for plaintiff
None for defendant
Adjd for service report to 29-02-2020
Next Purpose: REPORT
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Adv. Priya for plaintiff.
The roznama hard copy shows date of the matter as 29-03-2020. However, it appears to be a typographical mistake. In fact, the matter was fixed on today.
No report of service is received. Issue fresh summons through bailiff to the defendant.
Adjd for service to 26-03-2020
Next Purpose: SERVICE
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 31-07-2020
Date: 31-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 06-11-2020
Date: 06-11-2020
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 27/11/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 27-11-2020
Date: 27-11-2020
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 21/12/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 15.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 12.02.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: None present for plaintiff.
None present for defendant.
Plaintiff absent. Steps not taken to serve the defendant.
Matter adjd to 02.03.2021 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: None present for plaintiff.
None present for defendant.
Steps not taken by plaintiff. Matter adjd for order against plaintiff.
Matter adjd to 17.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv.Priya Nigwekar i/b. O.A. Das for plaintiff present.
None present for defendant.
Service report, Exh.2 filed by adv. of plaintiff t.o.r. O-filed.
Adv. of plaintiff filed application, Exh.3 for issuance of summons t.o.r. O-reissue summons to the defendant.
Matter adjd to 06.04.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 03.05.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Next Purpose: REPORT
Next Hearing Date: 12-06-2021
Date: 12-06-2021
Business: As per Office Order No.104/2021, Holiday declared on 12.06.2021 (Saturday). Hence matter is adjd to 01.07.2021 for report.
Next Purpose: REPORT
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 14.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv.Priya Nigwekar i/b.Adv.O.A. Das for plaintiff present.
None present for defendant.
The plaintiff filed affidavit of service, Exh.4 t.o.r.
O-Service affidavit shows the defendant was served with the suit summons on 26.03.2021. He remained absent. Hence, suit to proceed ex-parte against defendant.
Matter adjd to 24.09.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv.Sakshi Shedbal h/f.Adv.O.A.Das for plaintiff present.
None present for defendant.
KB
LO at 02.53 pm
Adv.Sakshi Shedbal h/f.Adv.O.A.Das for plaintiff present.
Witness Ms.Jyotsna Rani Nayak present.
The plaintiff tendered affidavit of evidence, Exh.5 a/w. list of documents, Exh.6 t.o.r. in oral evidence of the plaintiff Copy of General Power of Attorney is marked as Exh.7. (original is returned to the witness).
ORDER REGARDING EXHIBITION OF DOCUMENTS
1.The document at Sr. No.2 is the application dated 10.03.2015. It is marked as Exh.8.
2. The document at Sr. No.3 is the sanction letter Ref. CR No.107.159.1415 dated 30.03.2015. It is marked as Exh.9.
3. The document at Sr. No.4 is specimen signature card for borrowal accounts dated 31.03.2015. It is marked as Exh.10.
4. The document at Sr. No.5 is certificate of loan papers obtained dated 31.03.2015. It is marked as Exh.11.
5. The document at Sr. No.6 is the letter of undertaking re-loans/advances dated 31.03.2015. It is marked as Exh.12.
6. The document at Sr. No.7 is the original Deed of Hypothecation, page Nos.33 to 40. It is marked as Exh.13.
7. The document at Sr. No.8 is letter evidencing execution of documents, dated 31.03.2015. It is marked as Exh.14.
8. The document at Sr. No.9 is the particulars of vehicles/machinery/equipments/livestock, dated 16.04.2015. It is marked as Exh.15.
9. The document at Sr. No.10 is description of vehicle, dated 13.01.2016. It is marked as Exh.16.
10. The document at Sr. No.11 is xerox copy of certificate of registration of vehicle, dated 13.01.2016. It is marked as Article-X.
11. The document at Sr. No.12 is acknowledgement of debt and securities dated 31.01.2018. It is marked as Exh.17.
12. The document at Sr. No.13 is office copy of advocate notice dated 20.04.2019. It is marked as Exh.18.
13. The document at Sr. No.14 is statement of account alongwith I.T. certificate dated 20.04.2019. It is marked as Exh.19.
14. The document at Sr. No.11 is the particulars of plaintiffs claim. It is marked as Exh.20.
Suit is ex-parte, hence, no cross.
Matter adjd to 01.10.2021 for further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.04 pm
Adv.Sakshi Shedbal h/f.Adv.O.A.Das for plaintiff present.
The plaintiff filed evidence close pursis, Exh.21 t.o.r.
Matter adjd to 13.10.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 3.00 p.m.
None present.
Matter adjd to 28.10.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 1.35 p.m.
None present.
Matter adjd to 09.11.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 02.56 pm,
Adv.Priya Nigwekar h/f.Adv.O.A.Das for plaintiff present.
Heard final argument of plaintiff.
Matter adjd to 25.11.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at
Adv.Priya Nigwekar i/b.Adv.O.A.Das for plaintiff present.
As Court is busy in dictating judgment in Comm.SU No.100/2019. Hence, matter adjd to 09.12.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None present for plaintiff.
Adv.Priya Nigwekar for defendant present.
K.B. for judgment.
LO at 3.30 p.m.
F.R.S.R. the following order is passed.
ORDER
1. Suit is decreed with costs.
2.The defendant do pay to the plaintiff an amount of Rs.4,31,279.81 (Rupees Four Lakh Thirty One Thousand Two Hundred Seventy Nine and Paise Eighty One Only) together with interest at the rate of 10.15% per annum from the date of filing of this suit till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 09-12-2021