Date: 18-03-2019
Business: Adv.Mr.Vinay for Plaintiff
He submitted Affidavit of service with the remark that deft no 1 to 4 are served with summons on 13/02/2019
O-It appears deft no 1 to 3 have appeared within time
Adv for pff tendered draft S/J along with affidavit
O-Leave Granted to register S/J against deft no. 1 to 3.
Matter is adjd. to 30/04/2019 for S/J Hearing
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Adv for plaintiff Mr.Taliwal present
Adv for deft Ms.Rekha Musale present
Adv for deft filed draft N/M along with affidavit and reply to S/J .
Adv for plaintiff tendered registered S/J
Adv for deft stated that she will serve copy of N/M to plaintiff.
Matter is Adjd for Reply to N/M to 11/07/2019
Next Purpose: REPLY
Next Hearing Date: 11-07-2019
Date: 11-07-2019
Business: Adv. Vinay Taliwal for plaintiff present.
Adv. Seema for defendant present.
Defendant is directed to register n/m
Adjd. for Notice of motion reply to 07.08.2019.
Next Purpose: REPLY
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: P.O is on training.
Adjd to 23/9/19
Next Purpose: REPLY
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: P.O is on leave. Adjd to 14/11/19
Next Purpose: REPLY
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Shah h/f Vinay Taliwal for plaintiff present.
Adv. Seema Hunnarkar for defendant present.
Adv. for deft. tender original N/M. No. 2690/19
Matter is adjd to 13/12/2019 for reply / hrg.
Next Purpose: REPLY
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: P.O. is on Training
Next Purpose: REPLY
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Ruchi Doka for plff. Present.
Adv. Hunnaurkar for deft. Present.
Adv. For plff. Filed say
heard both the side.
For reason separately recorded following order is passed.
ORDER
1. The Notice of Motion no. 2690 of 2019 is allowed, subject to costs of Rs.1000/- to be paid by defendants to the plaintiff, on or before next date.
2. The defendants is granted permission to put his reply/leave to defend to the Summons for Judgment in the interest of justice.
3. The Notice of Motion No.2690 of 2019 is disposed of.
Matter is adjd to 15.02.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Plaintiff absent.
Defendant present.
Adv. Rathod for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 07.03.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Plaintiff and his advocate absent.
Defendant absent.
Adv. Seema Hundurkar For deft. Present.
Compliance is already done on 15.02.2020
Matter is adjd to 09.04.2020 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: Due to Covid-19 lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-06-2020
Date: 01-06-2020
Business: Due to Covid -19 Lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: Due to Covid-19 Lockdawn
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Due to Covid-19 pandemic none appeared.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Court is on Leave.
Matter is adjd to 23.02.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: P.O. is on leave.
Matter is adjd to 20.04.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 20/07/2021 for S/ J Hearing
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Adv. Nishank Rathod for plaintiff present.
None for defendant.
Matter is transferred to Court Room No. 14.
Matter adjd on 04.08.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv. Amish Gandhi for plaintiff present.
Adv. For plaintiff tendered rejoinder affidavit for summons for judgment. T.O.R.
On oral request, the matter is adjd for hearing on summons for judgment to 27.08.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv. Dipti Shah i/b. Adv. Vinay Taliwal for plaintiff present.
None for deft.
The matter is adjd for hearing on S/J to 03.09.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv. Vinay Taliwal for plaintiff present.
Heard arguments of Adv. For plaintiff on S/J no.110/19.
Deft. nos.1 to 4 and their advocate are absent. Considering the principles of natural justice, matter is adjourned for hearing of deft. nos.1 to 4 on S/J no.110/19 to 08.09.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv. Vinay Taliwal for plaintiff present.
None for deft. nos.1 to 4.
Already arguments of plaintiff\''s are heard on 03.09.2021. Matter is adjourned as a last chance for hearing of deft. nos.1 to 4 on S/J.
The matter is adjd for hearing of deft. nos.1 to 4 on S/J to 17.09.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv. Vinay Taliwal for plaintiff present.
Adv. Seema Hunnurkar for deft. nos.1 to 4 present.
Adv. For plaintiff filed service affidavit regarding intimation of date of hearing to defendant\''s advocate and defendants. T.O.R.
Heard arguments of Adv. For deft. nos.1 to 4 on S/J no.110/19 and also heard reply arguments of Adv. For plaintiff.
The matter is adjd for order on S/J no.110/19 to 18.09.2021.
Next Purpose: ORDER
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: None for plaintiff.
Adv. Seema Hunnurkar for deft. nos.1 to 4 present.
F.R.S.R. following order is passed on S/J no.110/19 -
ORDER
1. Defendants shall deposit a sum of Rs.18,00,000/- (Rs. Eighteen Lacs only) in Court within a period of 12 weeks from today. If this condition is complied with, leave to defend the suit is granted to defendants and they shall file Written Statement within a period of 8 weeks from the date of deposit.
2. If aforesaid condition of the deposit is not followed by defendants within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree.
3. There shall be no order as to costs.
4. S/J No.110/2019 is accordingly disposed of.
The matter is adjd for compliance to 28.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None for plaintiff.
Adv. Seema Hunnurkar for deft. nos.1 to 4 present.
The matter is adjd for compliance to 30.11.2021.
L.O. at 11.55 am.
Adv. Vinay Taliwal for plaintiff present.
The matter is already adjd for compliance to 30.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv. Vijay Salokhe for plaintiff present.
Adv. Vishal A. Bhogle h/f. Adv. Samir Vaidya for defts. present.
The matter is adjd for compliance to 21.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Preceipe moved by Adv. For deft. nos.2 and 3. O. - Allowed. Be taken on today\''s board.
Adv. Sharon Patole for deft. nos.2 and 3 present.
Adv. Amish Gandhi for plaintiff present.
Exh.2 - Vakalatnama filed by Adv. Sharon Patole for deft. nos.2 and 3. T.O.R.
Adv. For deft. nos.2 and 3 tendered draft N/M. Leave to register N/M is granted. Copy of draft N/M is served to Adv. For plaintiff.
Exh.3 - Adv. For deft. nos.2 and 3 filed application for extension of time for compliance of order dated 18.09.2021.
O. - Other side to say.
Adv. For plaintiff filed say. Heard both sides.
ORDER BELOW EXH.3
Perused the application and say. Adv. For deft. nos.2 and 3 also filed draft N/M praying to set aside order dated 18.09.2021. In said application, it is contended that in May and June 2016 itself, amount of Rs.18 lakhs is transferred to parents of plaintiff. The N/M is supported by extract of bank account. Suit claim is based upon transfer of amount by R.T.G.S. to the account of deft. no.1 on 03.05.2016, 05.05.2016 and 06.06.2016. The copy of statement of account filed on record shows that on the date of credit of amount to the account of deft. no.1, those amounts are transferred to plaintiff\''s mother Savita Jain and father Amrutlal Jain. Adv. For plaintiff seeks time to file reply to N/M. Considering the averments in the N/M, it would be just and proper to grant time for compliance of order dated 18.09.2021. Hence, following order.
ORDER
1. Time for compliance of order dated 18.09.2021 is granted till 15.12.2021.
2. Application (Exh.3) is disposed of accordingly.
The matter is now adjd for compliance to 15.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv. Vinay Taliwal for plaintiff present.
Adv. Ashish Rao i/b. Adv. Sharon Patole for deft. nos.2 and 3 present.
Adv. For deft. nos.2 and 3 tendered registered N/M No.3236/21. T.O.R.
Adv. For plaintiff tendered reply affidavit to N/M No.3236/21. T.O.R.
Copy of reply is served to Adv. For deft. nos.2 and 3.
On oral request of Adv. For deft. nos.2 and 3, time for compliance of order dated 18.09.2021 is granted till 16.12.2021.
The matter is adjd for compliance and filing rejoinder to N/M to 16.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv. Vinay Taliwal for plaintiff present.
Adv. Ashish Rao i/b. Adv. Sharon Patole for deft. nos.2 and 3 present.
Exh.4 - Adv. For plaintiff filed application for decree.
O. - Other side to say.
Heard arguments of both sides on N/M No.3236/21.
On oral request of Adv. For deft. nos.2 and 3, time for compliance of order dated 18.09.2021 is granted till 21.12.2021.
The matter is adjd for order on N/M No.3236/21 and say on Exh.4 to 21.12.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Amish Gandhi for plaintiff present.
Adv. Patole for deft. nos.2 and 3 present.
F.R.S.R. following order is passed on N/M No.3236/21-
ORDER
1. N/M No.3236/21 is dismissed.
2. No order as to costs.
3. N/M No.3236/21 is disposed of accordingly.
Adv. For deft. nos.2 and 3 sought time for compliance of order dated 18.09.2021.
O. - Already sufficient time and opportunities are given to defendants for compliance of order dated 18.09.2021. Hence, oral request for extension of time for compliance of order dated 18.09.2021 is rejected.
ORDER BELOW EXH.4
As per order dated 18.09.2021 passed in S/J No.110/19, plaintiff is entitled to apply for ex-parte decree if defendants failed to deposit the amount of Rs.18 Lacs within a period of 12 weeks. Defendants failed to comply the order dated 18.09.2021. Therefore, plaintiff is entitled to claim for an ex-parte decree. Application (Exh.4) is disposed of accordingly.
Matter be kept for filing claim affidavit and original documents.
The matter is adjd for filing claim affidavit and original documents to 10.01.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: P.O. is on half day leave (First Session). Hence, matter is adjourned.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: None present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for filing Affidavit of document to 25.02.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv. Vinay Taliwal for plaintiff present.
Power of attorney holder of plaintiff present.
Exh.5 - Adv. For plaintiff filed affidavit of documents. T.O.R.
Exh.6 - List of documents. T.O.R.
The matter is adjd for arguments to 04.03.2022.
L.O at 11.55 am.
Adv. Lavanya Dayalan h/f. Adv. Patole for deft. nos.2 and 3 present.
The matter is already adjd for arguments to 04.03.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv. Vinay Taliwal for plaintiff present.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 09.03.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv. Vinay Taliwal for plaintiff present.
Adv. For plaintiff submits that along with list of documents (Exh.3), inadvertently, office copy of the notice regarding the suit claim is not filed and another office copy of notice which is not related to this suit is filed. He sought time for filing office copy of the notice relating to the suit claim. Time as prayed for is granted.
The matter is adjd for filing documents to 10.03.2022.
Next Purpose: FOR___________________
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Adv. Vinay Taliwal for plaintiff present.
Exh.7 - Adv. For plaintiff tendered list of documents. T.O.R.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 14.03.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Priya Thakkar h/f. Adv. Vinay Taliwal for plaintiff present.
Exh.8 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is decreed with costs.
2. Defendant Nos.1 to 4 shall pay jointly and severally an amount of Rs.26,35,298.63/- (Rupees Twenty Six Lacs Thirty Five Thousand Two Hundred Ninety Eight and paise Sixty Three only) alongwith interest @ 18percent p.a. to plaintiff on principal amount of Rs.18,00,000/- from the date of the suit till it\''s 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: 14-03-2022
