Date: 25-04-2019
Business: Adv for plaintiff present
Adv for plaintiff prayed for extension of time for issuance of summons.
O-Time extended as prayed
Matter is Adjd for Affidavit of Service to 19/09/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: P.O. is on leave. Adjd to 20/12/19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Date: 03-01-2020
Date: 04-02-2020
Date: 12-03-2020
Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 14-05-2020
Date: 14-05-2020
Next Purpose: REPORT
Next Hearing Date: 03-06-2020
Date: 03-06-2020
Date: 20-06-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Date: 08-03-2021
Date: 28-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 31/07/2021 for Report
Next Purpose: REPORT
Next Hearing Date: 31-07-2021
Date: 31-07-2021
Date: 17-08-2021
Date: 06-10-2021
Date: 23-10-2021
Date: 10-11-2021
Business: P.O. is on leave. Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Bhargavi Raval for plaintiff present.
Service report received from Civil Court, Vashi, Navi Mumbai along with original writ of summons is marked as Exh.7.
As per service affidavit (Exh.5), deft. no.3 is duly served with writ of summons. As per service report (Exh.7), deft. nos.1 and 2 deemed to be served with writ of summons. But, deft. nos.1 to 3 failed to tender their appearance. Therefore, suit to proceed ex-parte against deft. nos.1 to 3.
The matter is adjd for ex-parte evidence to 10.01.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Date: 01-02-2022
Business: None present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for ex-parte evidence to 04.03.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv. Bhargavi Raval for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 23.03.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv. Yojana Gandhi for plaintiff present.
Adv. Kanchi K. Joshi i/b. Adv. Vivek Rana for defts. present. She submits that defendants instructed her to appear before the Court and she will take necessary steps for setting aside ex-parte order.
The matter is adjd for ex-parte evidence to 19.04.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Date: 13-06-2022
Date: 30-06-2022
Business: Adv. Bhargavi Raval i/b. Adv. Rekha Shukla for plaintiff present.
Exh.8 - Adv. For plaintiff filed claim affidavit of PW-1 Dilipkumar Atmaram Nagpal. T.O.R.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.9 - List of documents. T.O.R.
The matter is adjd for arguments to 02.07.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: Adv. Rekha Shukla for Plff present. Deft absent. Advocate Vikram Jakhadi for deft present. Heard arguments of Adv. Rekha Sukla for plff.LO at 1.20 pm. Same appearance.Advocate Vikram Jakhadi appeared before the Court and submitted that Deft no.1 instructed him to appear before the Court.Matter already proceeded without appearance of Deft no. 1 to 3. Therefore, without taking appropriate steps for setting aside Ex-parte order, deft no. 1 can not be permitted to appear before the Court. Deft no. 1 is at liberty to take appropriate steps. Matter adjd for Judgement on 07.07.22LO at 3.05 pm. Adv. Vikram tendered appearance memo. TOR. Already adjd to 7.7.22.
Next Purpose: JUDGMENT
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: None for plaintiff.
Adv. Arun Nile for deft. nos.2 and 3 present.
Exh.10 - Vakalatnama tendered by Adv. Arun Nile for deft. nos.2 and 3. T.O.R.
As per order dated 01.12.2021, suit proceeded without appearance of defendants. Therefore, defendants have to take appropriate steps.
The matter is adjd for judgment to 13.07.2022.
L.O. at 01.05 pm.
Adv. Yojana Gandhi for plaintiff present.
The matter is already adjd for judgment to 13.07.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Date: 28-07-2022
Date: 05-08-2022
Business: Adv. Rekha Shukla for plaintiff present.
Adv. Arun Nile for deft. nos.2 and 3 present.
Heard arguments of both sides on N/M No.2504/22.
The matter is adjd for order on N/M No.2504/22 to 12.08.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: None for plaintiff.
Adv. Vinod Gupta for deft. nos.2 and 3 present.
K.B.
L.O.
Court is busy in recording evidence in Comm. Suit No.604/21 and Comm. Suit No.935/21
The matter is adjd for order on N/M No.2504/22 to 19.08.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Date: 30-08-2022
Date: 08-09-2022
Date: 12-09-2022
Business: Adv. Bhargavi Rawal for plaintiff present.
Exh.12 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.327 of 2021 is partly decreed with costs.
2. Defendant Nos.2 and 3 shall pay an amount of Rs.10,86,500/- (Rupees Ten Lacs Eighty Six Thousand Five Hundred only) along with interest @ 12percent p.a. on the principal amount of Rs.10,25,000/- to plaintiff from the date of the suit till its 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: 12-09-2022
