Date: 07-01-2020
Business: Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Called at 11.30 am
None present for plaintiff and defendant.
Keep Back
Later on at 5.15. pm
None present for plaintiff and defendant.
In absence of plaintiff, Matter stands Adj for first orders to 05.02.2020.
Next Purpose: ORDER
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Called out at 11.40 am
None present for plaintiff and defendant.
Keep Back
Later on at 12.35 pm
Adv. Shaileja Shukla for plaintiff present.
Heard Ld. counsel for plaintiff. Issue writ of summons to the defendant through bailiff as well as by RPAD.
Matter stands Adj for service of writ of summons to 27.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Called out at 11.42 am
None present for plaintiff and defendant.
Writ of summons not received after service.
Keep Back
Later on
Adv. Shraddha Agrawal for plaintiff present and submitted that writ of summons was issued to the defendant through Court bailiff as well as by RPAD, but report is awaited.
Matter stands Adj for report of writ of summons to 19.03.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: None present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency. Matter adjd to 16/04/2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-07-2020
Date: 21-07-2020
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 131 of 2020 dtd - 22.09.2020 of this court.
Matter adjd to 09.10.2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-11-2020
Date: 02-11-2020
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 23/11/ 2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-11-2020
Date: 23-11-2020
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 10/12/2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 08.01.2021 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 28.01.2021 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 23.02.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv.Shraddha Agarwal for plaintiff present.
None present for defendant.
Adv. of plaintiff filed affidavit of service, Exh.2 t.o.r.
The acknowledgment of service of summons is also filed. Date of service is not mentioned in the report. Plaintiff to take steps.
Matter adjd to 04.03.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: None for defendant present.
Adv. Mugdha Sawant a/w Advocate Rishabh Mishra for plaintiff present.
Alongwith affidavit proof of service the acknowledgement of service is filed. The defendant is served with suit summons.
Put up orders against defendant.
Matter adjd to 26/03/2021 for orders against defendant.
Next Purpose: ORDER
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv.Mugdha Sawant for plaintiff present.
None present for defendant.
The defendant served has not appeared in the suit. Suit to proceed ex-parte against defendant.
Matter adjd to 21.04.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned
Next Purpose: EX-PARTE EVIDENCE
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: EX-PARTE EVIDENCE
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 24.06.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 30.6.2021 for R/E.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 12.07.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
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 29.07.2021 for ex-parte
evidence .
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: As Court is on leave, matter is adjd to 07.08.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: Adv.Rushabh Mishra i/b.Rajkumar Shukla Law Firm for plaintiff present.
None present for defendant.
Matter adjd to 18.08.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.33 am
Adv.Saraswati Purohit i/b.Rajkumar K Shukla Law firm for plaintiff present.
The plaintiff tendered statement of truth, Exh.3 t.o.r. O-filed.
The plaintiff tendered affidavit of evidence, Exh.4 t.o.r. O-R/R.
The plaintiff tendered list of documents, Exh.5 t.o.r. O-filed.
Witness PW-1, Chetana Milind Adate present. Affidavit of evidence is read and recorded and marked at Exh.4.
Order on Evidence Affidavit regarding exhibition of documents.
1. The document at Sr. No.1 is the true copy of Power of Attorney. Original is shown by the witness present before the Court. It is returned to the witness. Copy thereof at Sr.No.1 is marked as Exh.6.
2. The document at Sr. No.2 is the original Loan Application. Read the contents of affidavit of evidence at Para No.4. Said document is marked as Exh.7.
3. The document at Sr. No.3 is the original sanction memorandum, page No.13. Read the contents of Para No.5 of the evidence affidavit. The document is marked as Exh.8.
4. The document at Sr. No.4 is original certificate of loan papers obtained. Read contents of Para No.6A of the evidence affidavit. The document is marked as Exh.9.
5. The document at Sr. No.5 is the original letter evidencing exhibition of documents. Read the contents of Para No.6B of the evidence affidavit. The document is marked as Exh.10.
6. The document at Sr. No.6 is the original letter of undertaking re-loans/advances, page Nos.16 to 19. Read the contents of Para No.6C of the evidence affidavit. The document is marked as Exh.11.
7. The document at Sr. No.7 is the original particulars of vehicles/machinery/equipments/livestock, page No.20. Read the contents of Para No.6D of the evidence affidavit. The document is marked as Exh.12.
8. The document at Sr. No.8 is the original Deed of Hypothecation, page Nos.21 to 28. Read the contents of Para No.6E of the evidence affidavit. The document is marked as Exh.13.
9. The document at Sr. No.9 is the copy of legal notice, page Nos.29 to 30. Read the contents of Para No.8 of the evidence affidavit. The document is marked as Exh.14.
10. The document at Sr. No.10 is the statement of account, page No.31 to 39. Read the contents of Para No.10 of the evidence affidavit. Read the certificate U/S.2A of Bankers Book Evidence Act, 1891 filed at Page No.39. The document is marked as Exh.15. Hence, statement of account is marked as Exh.16.
11. The document at Sr. No.11 is the particulars of plaintiffs claim. It is marked as Exh.17.
Suit is ex-parte, hence, no cross.
Adv. of plaintiff filed evidence closure pursis, Exh.18 t.o.r.
O-filed.
Matter adjd to 30.08.2021 for ex-parte argument.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv.Shraddha Agarwal i/b.Rajkumar K. Shukla Law firm for plaintiff present.
None present for defendant.
KB
LO at 11.44 am
Adv.Shraddha Agarwal i/b.Rajkumar K. Shukla Law firm for plaintiff present.
Heard final argument Adv. of plaintiff.
Matter adjd to 31.08.2021 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: None present for plaintiff.
None present for defendant.
Judgment dictated and pronounced in open Court.
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.5,87,837/- (Rupees Five Lacs Eighty Seven Thousand Eight Hundred and Thirty Seven Only) alongwith interest at the rate of 10 percent per annum from the date of filing of suit till realisation of amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 31-08-2021
