Date: 25-06-2018
Business: Adv. Sai Mali for Plaintiff present.
None for Defendant.
Plaint.
V.P.
List of documents.
Memorandum of address.
Advocate for plaintiff filed Affidavit of service, TOR.
Matter is adjd. to 10/09/2018 for Steps by the plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-09-2018
Date: 10-09-2018
Business: Both parties and adv are absent.
Matter is adjd. 14/01/2019 to for service.
Later on
Adv Ghaswala for plaintiff present.
Matter is adj for 15/11/2018 for the steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-11-2018
Date: 15-11-2018
Business: Adv. Salma N. for Plaintiff present.
None for Defendant.
Matter is adjd. to 08/01/2019 for Service report of Defendant no.2 and 3.
Next Purpose: SERVICE
Next Hearing Date: 08-01-2019
Date: 08-01-2019
Business: The P.O. is deputed by the Hon\''ble High Court to MJA Uttan for one day Mediation training, hence board is discharged as case is adjourned to 28/02/2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 28-02-2019
Date: 28-02-2019
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 29/04/2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 29-04-2019
Date: 29-04-2019
Business: Due to Election Holiday declared on 29.04.19
Therefore, Board is discharge
Next Purpose: SERVICE
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Adv. Salma for plaintiff.
Application for substitute service by way of publication.
Application is supported by affidavit.
O- Application allowed.
Defendant no 2 and 3 be serve through Paper Publication.
Adjourned to 19/12/19 for service.
Next Purpose: SERVICE
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Salma Ghaswala for plaintiff present
and she filed service affidavit Exh.5
Plaint.
VP
Memorandom of address.
List of documents.
filed service affidavit
Adv. for defendant present.
Matter adjd to 05/03/2020 for evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Representative of plaintiff present.
Adv. Ghaswala for plaintiff filed
Exh.7- Evidence affidavit.
Exh.8- List of documents.
Adjd for Ex-parte order to 08-06-2020
Next Purpose: ORDER
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Next Purpose: ORDER
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Adv. Ghowda for plaintiff
Adjd to 26-02-2021
Next Purpose: ORDER
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: CORAM : H.H.J SHRI. DEEPAK L. BHAGWAT(C.R.NO.28)
Sujit Choudhary for the plaintiff present.
The record reveals that vide affidavit of service Exh.5, the plaintiff filed service affidavit in respect of service on defendant No. 1. The acknowledged card annexed to it shows that summons was served on defendant No.1. The suit has already proceeded against defendant No. 1 in his absence. Further, the then Presiding Officer had allowed service of summons by substituted mode on defendants No. 2 and 3 as per noting dated 30.08.2019. The service affidavit Exh.6 along with the newspaper proclamation show that summons was, accordingly, duly served on defendant No. 2 and 3. However, defendant Nos. 2 and 3 failed to appear. The suit also proceeded against defendants No. 2 and 3 in their absence. However, it appears that formal order of exparte was not recorded in the suit. Hence, the same is being formally recorded today as that despite service of summons defendants No. 1 to 3 failed to appear hence the suit proceeded exparte against defendants No.1 to 3.
F.R.S.R following order passed:-
1) Summary suit is exparte decreed with costs as under
2) Defendants No.1 to 3 jointly and severally shall pay to the plaintiff the amount of Rs. 1,70,498/-with simple interest @ 10% P.A. from the date of the suit till realisation of the amount.
3) Decreed be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 26-02-2021