Date: 07-02-2022
Business: As per Office order no. 27/2022 dated 06.02.2022 issues by City Civil Sessions Court, Gr. Bombay, holiday declared, hence board adjourned to
Next Purpose: DIRECTIONS
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: 06/04/2022 CORAM -City Civil and Asst. Sessions Judge SMT. Y. K. MORE (C.R. No. 05)
Comm. Sum. Suit- 167/2021
Plff and adv absent.
Exh.01 Plaint
Exh.02 V.N of the plff. advocate.
Exh.03 Memorandum of Registered address of plff.
Exh.04 List of documents.
Issue writ of summons to the Defendants through Court bailiff in Form 4 of Appendix B of CPC.
Adjd. for Service to 08-06-2022
Next Purpose: SERVICE
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: 08/06/2022 CORAM -City Civil and ADDL. Sessions Judge SMT. S. S. Todkar (C.R. No. 05)
Comm. Sum. Suit- 167/2021
Both parties and their adv absent.
Adjd. for Service to 22/08/2022.
Next Purpose: SERVICE
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: 22/08/2022 CORAM -City Civil and Addl. Sessions Judge SMT. S. S. TODKAR
(C. R. NO.5)
COM SUM- 167/2021
Advocate Neetam Mehata for plaintiff present.
None for defendant.
Exh. - Original writ of summons filed by adv. for plaintiff alongwith bailiff report.
Summons served upon defendants through bailiff on 04/07/2022.
Adjourned for appearance to 07-11-2022
Next Purpose: APPEARANCE
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: 07/11/2022 CORAM-H.H.J. SHRI. A. V. Dhuldhule (C.R.NO.05)
commercial Summary Suit 167/21
Affidavit of Service (Exh.5) discloses that, Defendant is served through writ of summons on 04-07-2022 as per bailiff report but, he failed to appear. Hence, Suit to proceed ex-parte.
Adjd to 20-12-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: P.O IS ON LEAVE
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: 03/02/2023 CORAM-H.H.J. SHRI. A. V. Dhuldhule (C.R.NO.05)
Commercial Summary Suit 167/21
Adv. Shah for the plaintiff present
Representative of plaintiff present. Her full name not mentioned in the affidavit.
Exh.6 - Affidavit of Evidence.
O- Seen and filed.
Exh.7- List of documents.
O- Seen.
Adjd64 to 15-03-2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: 15/03/2023 CORAM-H.H.J. SHRI. A. V. Dhuldhule (C.R.NO.05)
Commercial Summary Suit 167/21
Adv. Neelam Mehta for the plaintiff present.
Evidence not taken.
Adjd to 24-04-2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: 24/04/2023 CORAM-H.H.J. SHRI. A. V. Dhuldhule (C.R.NO.05)
Commercial Summary Suit 167/21
None appeared.
Adjd to 17-07-2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: 17/07/2023 CORAM-H.H.J. SHRI. A. V. Dhuldhule (C.R.NO.05)
Comm.Summ.Suit 167/21
Adv Neelam Mehta for plaintiff present.
Exh.8- Application for substitution of new affidavit of evidence.
O- Heard. Allowed in view of the reasons.
Exh.9- Affidavit of Evidence in lieu of chief examination of P.W.1 Jyoti Anand Salunke - Oath adminstered.
O- Seen and filed.
Exh.10- Additional list of documents.
Following documents marked as Exhibit as follows -
Exh.11- Org. authority letter of bank officer (1)
Following documents marked from Exhibit-7 as follows -
Exh.12- Sanction letter (1-2)
Exh.13- Deed of hypothecation (3- 10)
Exh.14- Letter of undertakings (11-14)
Exh.15- Particulars of vehicles (15)
Exh.16- Acknowledgment of debt and security (16)
Exh.17- Advocate notice (17-18)
Exh.18- Defendants statement of account along with IT certificate (19-22)
Exh.19- Authority letter of bank manager (23)
Exh.20- Evidence closing pursis filed by adv for plaintiff.
Exh. Judgment
FRSR Following order is passed-
ORDER
1.Commercial Suit No.167 of 2021 is decreed.
2.Defendant are directed to pay an amount Rs.4,69,951/- (Rupees Four Lakhs Sixty Nine Thousand Nine Hundred Fifty One Only) alongwith interest @10.20 percent p.a on the principle amount of Rs.4,20,114/- (Rupees Four Lakhs Twenty Thousand One Hundred Fourteen Only) to the plaintiff-bank from the date of filing of the suit till its realisation.
3.Defendant are also directed to pa cost of Rs.5,000/- (Rupees Five Thousand Only) to the plaintiff-bank which is quantified under Section 35 of the Code of Civil Procedure, 1908 as amended by the Commercial Courts Act, 2015.
4.Decree be drawn-up accordingly.
Exh. Decree.
Nature Of Disposal: JUDGMENT
Disposal Date: 17-07-2023