Date: 17-09-2019
Business: p.o. is on leave adjd to 13/12/19
Next Purpose: REPORT
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Next Purpose: REPORT
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. For plff. Present.
Adv. For deft. Present.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. For the plff. Filed affidavit of service. Exh-5 Order- Seen and filed.
Adv. For the plff. Tendered draft summon for judgment. t.o.r.
Order- leave granted to register.
Matter is adjd to 12.03.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. For plff. Absent.
Adv. Miloni Gala for deft. Present.
Adv. For the plff. Tendered register S/J no. 53/2020 @ affidavit in support.
Matter is adjd to 24.03.2020 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Business: Due to Covid 19 Lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: National Lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Date: 05-12-2020
Date: 08-02-2021
Date: 06-04-2021
Date: 05-07-2021
Date: 06-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Adv. Priya Rombhale for plaintiff present.
Adv. Mamta for deft. present.
Arguments of plaintiff on S/J heard.
On oral request of Adv. For deft., the matter is adjd for hearing on S/J on behalf of deft. to 30.08.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv. Rajvi Shah for plaintiff present.
Adv. Mamta alongwith Adv. Lix Thachet i/b. Adv. Dhiren Shah for deft. present.
Heard arguments of Adv. For deft. on S/J no.53/20.
The matter is adjd for order on S/J no.53/20 to 04.09.2021.
Next Purpose: ORDER
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: None for plaintiff.
Adv. Gala for deft. present.
Court is busy in dictating order on N/M No.275/20 in Commercial Suit no.560/21 and hearing on S/J No.191/19 in Commercial Suit no.336/21. Therefore, the matter is adjd for order on S/J no.53/20 to 06.09.2021.
Next Purpose: ORDER
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Adv. Aditi Motwani for plaintiff present.
Adv. Gala for deft. present.
F.R.S.R. following order is passed on S/J No.53/20 -
ORDER
1. Defendant shall deposit a sum of Rs.16,00,000/-(Rs.Sixteen Lacs only) in Court within a period of 12 weeks from today. If this condition is compiled with, defendant is granted leave to defend the suit and he 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 defendant 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.53/2020 is accordingly disposed of.
The matter is adjd for compliance to 05.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: None for plaintiff.
Adv. Mamta Harwani for deft. present.
The matter is adjd for compliance to 10.11.2021.
L.O. at 11.30 am.
Adv. Mohd. Lokhandwala for plaintiff present.
The matter is already adjd for compliance to 10.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: P.O. is on leave. Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv. Mohammad Lokhandwala i/b. Deven Dwarkadas and Partners for plaintiff present.
Adv. Miloni Gala for deft. present.
The matter is adjd for compliance to 09.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Aditi Motwani for plaintiff present.
Adv. Nikita Ghungarde for deft. present.
Ex.6 Adv. For plaintiff filed application for passing exparte decree. Copy of the application is served to defendant.
The matter is adjd for reply to Ex.6 to 14.12.2021.
Next Purpose: REPLY
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Adv. Aditi Motwani for plaintiff present.
Adv. Jayesh Gawand i/b. Adv. Dhiren Shah for deft. present.
Adv. For deft. filed say on Exh.6.
Heard both sides.
ORDER BELOW EXH.6
As per order dated 06.09.2021 passed in S/J No.53/2020, conditional leave to defend the suit was granted to defendant. Defendant was directed to deposit an amount of Rs.16,00,000/- within a period of 12 weeks. Defendant failed to comply order dated 06.09.2021. Defendant submits that he is in process of filing appeal. However, for the reason mentioned in the reply of defendant, matter cannot be adjourned. Defendant failed to comply order dated 06.09.2021. Therefore, plaintiff is permitted to proceed ex-parte. Application (Exh.6) is disposed of accordingly.
Matter be kept for filing claim affidavit.
The matter is adjd for filing claim affidavit to 21.12.2021.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Aditi Motwani for plaintiff present.
Power of attorney holder of plaintiff Mr. Manish Jagdish Chheda present.
Adv. Miloni Gala for deft. present.
Exh.7- Adv. For plaintiff filed claim affidavit of PW-1 Manish Jagdish Chheda. T.O.R.
Exh.8 - List of documents. T.O.R.
The matter is adjd for arguments to 03.01.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Adv. Priya Rombade for plaintiff present.
Adv. Miloni Gala for deft. present.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 11.01.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Intern of plaintiff''s advocate present
As the Court is busy in dictating order in S/J Nos.103/21 and 113/21 and other work. Therefore, matter adjd for judgment to 18.02.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: P. O. is on leave.
Hence, matter is adjourned to
Next Purpose: JUDGMENT
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Adv. Aditi Motwani for plaintiff present.
None for deft.
Exh.9 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is partly decreed with costs.
2. Defendant shall pay an amount of Rs.16,00,000/- (Rupees Sixteen Lacs only) alongwith interest @ 6percent p.a. to plaintiff from 01.07.2016 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: PARTLY DECREED
Disposal Date: 22-02-2022