Date: 22-10-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff absent.
Adv.for defendant absent.
As court is busy in dictating order.
Matter adjd to 06.03.2020 for directions
Next Purpose: DIRECTIONS
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: None present.
Matter adjd to 17-07-2020 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: PO on inspection duty is absent.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: None present
Adjd to 20-08-2021
Next Purpose: DIRECTIONS
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: None present.
The matter is adjd for compliance to 30.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None present.
The matter is adjd for filing service affidavit to 11.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: None present.
The matter is adjd for filing service affidavit to 09.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None present
The matter is adjd for service to 20/01/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: None present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for filing service affidavit to 28.02.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Priti Tare for plaintiff present.
Exh.2 - Adv. For plaintiff filed service affidavit. T.O.R.
Service is not proper.
Exh.3 - Adv. For plaintiff filed application for substituted service.
O. - Summons to deft. nos.1 and 2 cannot be served on the addresses known to the plaintiff. Considering the service affidavit filed on record, there is reason to believe that deft. nos.1 and 2 are keeping out of the way for the purpose of avoiding service. Therefore, summons to deft. nos.1 and 2 be served by publishing writ of summons in daily newspaper circulating in the locality in which deft. nos.1 and 2 are last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house.
The matter is adjd for affidavit of service to 04.04.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: None present.
The matter is adjd for filing service affidavit to 09.06.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Adv. Priti Tare for plaintiff present.
Exh.4 - Adv. For plaintiff filed application for extension of time for service of writ of summons.
O. - Extension of time for service of writ of summons through paper publication as per order dated 28.02.2022 is granted.
The matter is adjd for affidavit of service to 14.07.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. Priti Tare for plaintiff present.
Exh.5 - Adv. For plaintiff tendered service affidavit. T.O.R.
As per service affidavit (Exh.5), defendants are deemed to be served with writ of summons. But, they failed to tender their appearance. Therefore, suit be proceeded ex-parte against defendants.
The matter is adjd for ex-parte evidence to 03.08.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: None present.
The matter is adjd for ex-parte evidence to 23.08.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Priti Tare for plaintiff present.
Exh.6 - Adv. For plaintiff filed affidavit of evidence of PW-1 Rajiv Ranjan. T.O.R.
Witness is present. He on solemn affirmation states that contents in the evidence affidavit are correct. It is verified, read and recorded.
Exh.7 - List of documents. T.O.R.
From the evidence of PW-1 Rajiv Ranjan, following documents are proved, therefore, they are exhibited.
Exh.8 - Certified copy of authority letter.
Exh.9 - Loan application form.
Exh.10 - Sanction letter.
Exh.11 - Loan agreement.
Exh.12 - Hypothecation agreement.
Exh.13 - Demand promissory note.
Exh.14 - Deed of hypothecation of goods.
Exh.15 - Demand promissory note.
Exh.16 colly. - Office copy of demand notice along with postal acknowledgement.
Exh.17 and 18 - Statement of account.
Exh.19 - Particulars of claim.
Exh.20 - Adv. For plaintiff tendered evidence closing pursis. T.O.R.
The matter is adjd for arguments to 25.08.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Priti Tare for plaintiff present.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 26.08.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: None present.
Exh.21 - Judgment.
F.R.S.R. following order is passed-
ORDER
1. Commercial Suit No.583 of 2021 is decreed with costs.
2. Defendants shall pay an amount of Rs.10,58,452.62/-(Rupees Ten Lacs Fifty Eight Thousand Four Hundred Fifty Two and Paise Sixty Two only) along with interest @ 11.70percent p.a. to plaintiff from the date of the suit till its realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
4. Decree thus follow.
Nature Of Disposal: DECREED
Disposal Date: 26-08-2022
