Date: 17-02-2020
Business: Advocate Manoj Agiwal for Plaintiff present sought extension of time to serve writ of summons upon Defendants. O-Time extended till next date.
None present for Defendant.
Case is adjourned to 15/04/2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lock down
Next Purpose: SERVICE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: SERVICE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: SERVICE
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: SERVICE
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 13/01/2021
Next Purpose: SERVICE
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: None present for Plaintiff/s.
None present for Defendant/s.
As nobody is present for both the parties, considering the present pandemic condition, matter is adjd.for affidavit of service to 22.02.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: None present for plff.
Despite granting several opportunities, plff failed to file affidavit of service of writ of summons hence, matter is adjd. for dismissal order to 10.06.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Adv. Dixit h/f. Vivek Sharma for the plaintiff present and seeks adjournment.
None present for the defendant.
As nobody is present for the defendant, considering the present Pandemic Condition, matter adjourned for NM hearing to 06/07/2021.
LO
Adv. Praful Mahadik i/b. Albert Narona for defendant present.
Already adjourned to 06.07.2021.
Next Purpose: HEARING
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv Mr. Manoj Agiwal for the plff present.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
Adv for the plff filed affidavit of service of writ of summons on the deft.
None present for the deft.
Matter is adjd. for appearance of deft to 09.11.2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv Mr. Manoj Agiwal present for plff. and seeks time to file affidavit of service.
None present for deft.
Matter is adjd. for affidavit of service to 19.01.2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Court is on Leave
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv.Manoj Agiwal for plaintiff present.
None present for the defendant.
ORDER BELOW EXHIBIT-1
Read the service affidavit Exh.5. Summons by RPAD is duly served on the defendant. The defendant remained absent and failed to appear, hence, suit to proceed ex-parte against the defendant.
Matter adjd to 25.07.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: None present for both parties.
Matter adjd to 6.10.22 for Evidence.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: None present for both sides.
Matter adjd to 09.12.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: None present for both sides.. Since 25.07.2022, the plaintiff failed to adduce evidence. Suit is ex-parte, hence, keep for dismissal.
Matter adj. to 24.02.2023 for dismissal.
Judge
LO at 03.35 pm
Adv.Manoj Agiwal for plaintiff present.
Matter adj. to 24.02.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: BY PRECIPEE (Exh.6)
Adv.Kashmira Sanghavi for plaintiff present and filed application for taking case on today\''s board. Application is taken on record and marked as Exh.6. It is allowed. Case is T.O.B. today.
Plaintiff through its authorised representative Mr.Uma Shankar Yadav (PW-1) is present.
Adv.Kashmira Sanghavi for plaintiff present and filed application for leading secondary evidence t.o.r. and marked as Exh.7.
Order on Exh.7
Read the application. Heard the plaintiff advocate. The original of power of attorney-Sr.No.1, Aadhar card-Sr.No.2, TPA license-Sr.No.4, original of bank statement-Sr.No.18 are available for verification and comparison, hence, application to lead secondary evidence is allowed.
She also filed affidavit of evidence of Mr.Uma Shankar Yadav (PW-1) t.o.r. and marked as Exh.8. It is read and recorded.
Compilation of documents t.o.r. and marked as Exh.9.
Matter adjd to 24.02.2023 for admissibility of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: Adv. Kashmira Sanghavi h/f Adv. Agimal for plaintiff present.
None for defendant.
Matter adj. to 01-04-2023 for production of original documents / admissibility of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: None present for both sides.
KB
LO at 11.40 am
None present for both sides.
KB
LO at 11.45 am
None present for both sides.
KB
LO at 11.50 am
None present for both sides.
KB
LO at 12.10 pm
Adv.Manoj Agiwal for plaintiff present and filed additional compilation of documents. TOR and marked as Exh.10.
He produced the original power of attorney for verification with document No.1 in list Exh.9. It is verified with the copy at Sr. No.1 of list Exh.9. Original is returned to the plaintiff\''s advocate.
Heard the Ld.Adv.for the plaintiff on documents.
Matter adjd to 27.04.2023 for exhibition of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: 27.04.2023
(23)
CORAM : SHRI R.A. SASNE, AD-HOC ADDL. SESSIONS JUDGE
FOR GREATER MUMBAI, (C.R.No.62)
SU
321/20
Adv. Ms. Kashmira Sanghavi for plaintiff present.
None present for defendant.
Matter adj. to 05.07.2023 for admission denial.
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Adv. Kashmira Sanghvi for plaintiff present.
None for defendant
Heard Ld. Counsel for the plaintiff on admissibility of documents produced on record.
Matter is adjd.to 18-08-2023 for order on admissibility of documents.
Next Purpose: ORDER
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: None for plaintiff.
None for defendant
Next Purpose: ORDER
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: CORAM H.H.J.SHRI.V. M. PATHADE(C.R.NO.62)
None present for plaintiff and defendant .
Order below Exh-7
This is an application seeking permission to lead secondary evidence with respect to documents at Sr. No.1, 2, 4, 7 and 18 from the list of documents (Exh.-9). It is contended that the plaintiff has filed on record certified true copies of the documents at Sr. No.1, 2, 4 and 18 and original of document at Sr. No.7 appears to have been lost. Hence, the application. From the perusal of the roznama dated 07.06.2022, it is apparent that the defendant despite the service of suit summons did not appear in the matter and hence, suit is directed to proceed ex-parte against the defendant. The application (Exh-7) is not supported with any affidavit or any other material. Hence, in absence of any such material in support of the application (Exh-7), I do not find the plaintiff having made out a case for grant of leave to adduce secondary evidence as sought for. The application would therefore, fail and stands rejected accordingly. Plaintiff to take appropriate steps in the matter.
Matter is adjd. to 17-10-2023 for taking steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2023
Date: 17-10-2023
Business: Adv. Kashmira Sanghvi h/f Adv. Manoj Agiwal for plaintiff present.
None for defendant
Exh. 11 -Affidavit on behalf of plaintiff.
Matter is adjd.to 06-11-2023 for Hrg on Exh. 11
Next Purpose: HEARING
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: Adv. Kashmira Sanghavi for plaintiff present.
None for defendant.
From the perusal of the plaintiffs additional affidavit of Mr. Umashankar Yadav which is marked Exh. 11 wherein it is stated that the original postal receipt bearing no. RM 058243275IN dtd. 18-05-2019 has been lost and hence the plaintiff be permitted to lead secondary evidence in the form of photocopy of the said receipt which is filed on record vide serial no. 7A enlisted in Exh. 9. Considering the said statement made on affidavit the same is accepted and the plaintiff is permitted to adduce evidence in respect of the said postal receipt in the form of photocopy thereof. Hence, the said photocopy of the postal receipt is admitted in evidence and marked as Exh.12
Matter is adjourned to 16-01-2024 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: Adv. Manoj Agiwal for Plaintiff present and filed evidence close pursis t.o.r. and marked as Exhibit-13 -seen.
None for defendant present.
Heard Adv. Manoj Agiwal for the plaintiff.
Matter stands adjourned on 20.01.2024 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: Adv. Manoj Agiwal for Plaintiff present.
None for defendant present.
Ex-parte judgment is pronounced. Exhibit-14.
F.R.S.R. following order is passed in Suit No.321 of 2020
ORDER 1. S.C. Suit No.321/2020 is decreed.
2. The defendant is directed to pay amount of Rs.13,683/- (Rupees Thirteen Thousand Six Hundred and Eighty Three Only) to the plaintiff within three months from the date of decree.
3. The defendant is further directed to pay interest at the rate of 9 percent per annum on the principal amount of Rs.12,883/- from the date of the suit till realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 20-01-2024