Date: 08-01-2020
Business: Adv. Dahigaonkar for plaintiff present and submitted that summons has been served on the defendant but, the report of bailiff is awaited.
None present for defendant.
Hence, Matter stands Adj for report/affidavit of service to 17.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Called out at 11.24 am
None present for plaintiff and defendant.
Keep Back
Later on at 1.30 pm
Adv. Dahigaonkar for plaintiff present and submitted that writ of summons had been issued to the defendant by speed post and the envelope has been returned unserved with remark intimation given.
Affidavit of service along with sealed Envelope.
It appears that the envelope has been returned as unclaimed by the defendant. Hence, prayed for re-issue of writ of summons by RPAD and through Court bailiff simultaneously. Oral request granted.
Matter stands Adj for service of writ of summons to 05.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Called out at 11.45 am
None present for plaintiff and defendant.
Keep Back
Later on at 12.40 pm
Adv. Sujata Dahigaonkar for plaintiff present and submitted that writ of summons has been issued to the defendant by RPAD, but the report is awaited. Simultaneously, service through bailiff is also sought, but bailiff has asked for three weeks time to effect the service. Time granted to serve the defendant as prayed.
Matter stands Adj for service through baillif on defendant to 27.02.2020.
Next Purpose: SERVICE
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Called out at 11.46 am.
Adv. Dahigaonkar for plaintiff present and submitted that the defendant has been served with the writ of summons on 01.02.2020 vide Exh. A filed with the affidavit of service at the given address. But, the defendant is absent. Hence, Ld. counsel for plaintiff submitted that time may be extended for submission of report of simultaneous service through court bailiff.
Time extended as prayed.
None present for defendant.
Matter stands Adj for awaiting bailiff report to 21.03.2020.
Next Purpose: REPORT
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 04.04.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPORT
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Date: 05-06-2020
Next Purpose: REPORT
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 04-07-2020
Date: 04-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: AS THIS COURT IS ON LEAVE , BOARD IS DISCHARGED AND THE MATTER STANDS ADJD.
Next Purpose: REPORT
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: 26.10.2020
10
Coram: H. H. J.SHRI. M.A.BHOSALE Judge, (C.R.NO. 32)
Commercial Suit No.237/2019
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.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 11/11/2020 for report.
Judge
Next Purpose: REPORT
Next Hearing Date: 11-11-2020
Date: 11-11-2020
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 01.12.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Advocate for plaintiff absent.
Advocate for defendant absent.
Matter adjd to 05.01.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Adv.Sujata Daregaonkar for plaintiff present.
None present for defendant.
Matter adjd to 16.01.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv.Sujata Dahibawkar present and filed vakalatnama on behalf of plaintiff, Exh.3 t.o.r. O-
None present for defendant.
Adv.of plaintiff filed draft chamber summons a/w. affidavit in support of draft chamber summons t.o.r.
O-Leave granted to register draft chamber summons.
Matter adjd to 10.02.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv.Sujata Dahigaonkar for plaintiff
None present for defendant.
Adv.of plaintiff filed registered chamber summons No.127/2021 a/w. affidavit in support of chamber summons t.o.r.
Chamber summons be served on defendant.
Matter adjd to 01.03.2021 for service report of chambers.
Next Purpose: SERVICE
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff absent.
Adv.for defendant absent.
Matter adjd to 18.03.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv.Sandhya Nanavare for plaintiff present.
Adv.for defendant absent.
Heard.
F.R.S.R. the following order is passed
ORDER
1. Chamber Summons No.127/2021 is allowed.
2. The plaintiff to carry out the necessary amendment in the plaint within two weeks from the date of order.
3. Chamber Summons stands disposed of.
Matter adjd to 06.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 28.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv.Sujata Dahigaonkar for plaintiff present.
None present for defendant.
KB
LO at 01.02 pm
Adv.Sujata Dahigaonkar for plaintiff present and filed application for leave to carry out amendment, Exh.4 t.o.r.
O-Read, heard. Permission granted to carry out the amendment.
Matter adjd to 26.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv.Sujata Dahigaonkar h/f.Adv.Sandhya Nanavare for plaintiff present.
None present for defendant.
Application for extension of time to carry out amendment, Exh.5 filed by Adv. of plaintiff t.o.r O-Time granted.
Matter adjd to 27.09.2021 for compliance of amendment order.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.37 pm
Adv.Sujata Dahigaonkar h/f.Adv.Sandhya Nanavare for plaintiff present.
The plaintiff tendered application for extension of time to carry out the amendment, Exh.6 t.o.r. O-Time extended till next date.
Matter adjd to 27.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 1.35 p.m.
Adv. Sujata Dahigaonkar for plaintiff present.
The plaintiff submits that amendment has been carried out. She requested for issuance of fresh suit summons.
O- Below Exh.01
Issue suit summons to be defendant.
Matter adjd to 30.11.2021 for Service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.31)
(Matter pertains to C.R. NO. 32)
Adv. Sujata Dahigaonkar for plaintiff present and requested for issuance of fresh writ of summons.
Issue fresh writ of summons to the defendant.
Matter is adjd.to 10-01-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Ms. Sujata Dahigoankar for plaintiff present.
None present for defendant.
Adv. for plaintiff filed application for extension of time for service of summons t.o.r and marked as Exh. 7. Order : Time is extended.
Matter adjd to 10.02.2022 for Service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: None present.
In view of SOP dated 6.1.2022, matter adjd to 09.03.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: None present for plaintiff.
None present for defendant.
No service affidavit is filed. Keep for order.
Matter adjd to 13.04.2022 for order against plaintiff.
Judge
LO at 01.08 pm,
Adv.Sujata Dahigaonkar i/b.Adv.Sandhya Nanavare for plaintiff present.
Adv. of plaintiff filed application for extension of time for service of suit summons t.o.r. and marked as Exh.8.
O-Time is extended for service of suit summons.
Matter adjd to 16.04.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: HHJ is on training.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: N.O.B.T.O.B.(BY PRECIPEE)
Adv.Sarita Dahigaonkar for plaintiff present and filed application for taking case on today\''s board. It is t.o.r. and marked as Exh.9.
O-Allowed.
Adv. of plaintiff filed application for extension of time for service of suit summons t.o.r. and marked as Exh.10.
O-Time is extended for service of suit summons.
Matter already adjd to 13.06.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: None present for both parties.
K.B. L.O. at1.00 p.m.
Adv Sujata Dahigaonkar for plff present and seeks time for service affidavit.
None present for deft.
Matter adjd to 02.07.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: None present.
KB.
KB. LO 12.15 pm.
Adv. Suja Dahigaonkar present for plff. She seeks time to file affidavit service affidavit. Granted.
Adj. For Service affidavit on 21/07/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: None present.
KB.
Adv. Sujata Dahigaonkar Present for Plff.
None Present for Deft.
Ex.11-Adv of plff filed service affidavit along with bailiff report. Summons returned unserved. Adv of plff seeks time to take steps against deft.
Adj. For Steps against deft on 12/08/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: None present.
KB. LO 2.45.
Adj. For Steps on 15/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv. Sujata Dahigaonkar Present for Plff.
None Present for Deft.
As per service affidavit Ex.02 along with RPAD acknowledgement Deft is served with suit summons in February 2020 but thereafter plff has amended suit.
Adv of plff filed draft CS along with affidavit for substitute service of suit summons on deft by way of publication in newspaper, RPAD and by way of pasting on the notice board of this Court. Record shows that suit summons was issued to deft through Bailiff but it returned “unserved that deft did not residence on the said address”. Thus, Chamber Summons for substitute service is allowed as under.
1. Suit summons be served on defendant by way of publication in Local newspaper Free Press Journal (English) and Navshakati (Marathi).
2. Simultaneously plaintiff shall serve suit summons on defendant by pasting it on notice board of this Court, by registered post and as well as by Email if available.
3. Chamber summons be registered for statistical purposes.
Adj. For Service affidavit on 17/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Adv. Sujat Dahigaonkar Present for Plff.
None Present for Deft.
Adv of plff seeks extension of time to serve summons by way of paper publication, pasting, RPAD and email. Granted.
Adj. For Service affidavit on 24/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. Sujata Dahigaonkar I/b Adv. Sandhya Nanaware Present for Plff.
None Present for Deft.
Adv of plff contended that as per the order dt.15/09/2022 suit summons published in newspaper but the report regarding pasting of suit summons awaited. Hence prayed for time to file service affidavit. Granted.
Adj. For Service affidavit on 30/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Adv. Raj Kumar Gaikwad i/b. Sandhy Nanaware for plaintiff present and contended that advocate on record is not feeling well. Hence, case be adjourned.
Case adjourned for service affidavit to 22/12/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Adv. Sujata Dahigaonkar Present for Plff.
None Present for Deft.
Representative of plff namely Mr. Pramod Adsul present.
Exh.12- Adv of plff has filed service affidavit along with RPAD envelop. It returned with postal remark “ left without instruction”.
Exh.13- Adv of plff has filed service affidavit along with bailiff report regarding pasting of summons on the notice board of this Court.
Exh.14 - adv of plff has filed service affidavit along with newspaper viz Free press journal and Navshakti on 23/11/2022. It shows that suit summons of deft published in said English and Marathi Newspaper.
Adj. For Order against deft on 24/01/2023.
Next Purpose: ORDER
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Adv. Sujata Daghigaonkar I/b Sandhya Nanavare Present for Plff.
None Present for Deft.
As per service affidavit Exh.14 deft served with suit summons on 23/11/2022. But till today he did not appear. Hence suit be proceeded Ex-parte against him.
Adj. For Ex-parte Evidence on 06/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: None present. KB.
L.O. at 2.45 p.m.
Adv. Sujata Dhigaonkar for plaintiff present.
Exh.15 Chief examination of PW-1 Pramod Ramdas Adsul Designation- Officer.
Oath given to witness.
Exh.16 documents filed with list by plaintiff.
Heard Adv.of plaintiff on the point of exhibiting the documents. As the suit is ex-parte, no argument of defendant. Documents filed with list Exh.16 are the same documents filed with plaint. There is no additional documents filed by Plff. These documents are referred in chief examination. Hence the documents are marked exhibit as under.
Exh.17 Application for credit facilities.
Exh.18 Letter of Sanction.
Exh.19 Receipt.
Exh.20 Composite Hypothecation Agreement.
Exh.21 Confirmation of Delivery of Machinery.
Exh.22 Letter of Authority to debit monthly installments.
Exh.23 Legal Notice
Exh.24 Statement of Account.
Exh.25 Particulars of Claim.
Exh.26 Evidence closure pursis filed by adv of plaintiff.
Case adjd for Ex-parte Argument to 18.02.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: Adv. Sujata Dahigaonkar h/f Adv. Sandhay Nanware Present for Plff.
None Present for Deft.
Heard argument of adv of plff.
Exh.27- Judgment.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.4,80,199/- and interest @ 10.75% p.a. compounded monthly on principal sum of Rs.4,06,587/- from the date of suit till realization of the said amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 18-02-2023