Date: 26-03-2019
Business: Adv. Karande Present for the Plff.
Service report awaited.
Adj. For Service affidavit on 19/07/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: Adv. Neelam Singh for plaintiff present.
Matter adjd for service affidavit on 24/09/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Adv. Karande for plaintiff present.
Matter adjd for service affidavit on 25/11/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. Karande present for the plff.
Matter adjd to 27/02/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. Yash Katariya for plaintiff present.
None for defendant.
Ld Adv for plaintiff seeks time to file service affidavit. Time granted till next date.
Matter adjd for affidavit service to 27-04-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Adv. Rohan Karande for plaintiff present.
Adjd for affidavit of service to 19/04/2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Court is vacant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Ld. adv. Karande for plaintiff present
In view of office order No.106/21 dated 14.06.2021 only urgent matters are taken for hearing. Hence, board is discharged.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv. Karande for plaintiff present.
None for deft.
On oral request of Adv. For plaintiff, the matter is adjd for affidavit of service to 09.09.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. Karande for plaintiff present.
Exh.2-Adv. For plaintiff tendered service affidavit. T.O.R.
As per service affidavit filed on record, deft. nos.1 and 2 are duly served with suit summons. But, they failed to tender their appearance before the Court. Therefore, suit to proceed ex-parte as against deft. nos.1 and 2.
The matter is adjd for ex-parte evidence to 06.10.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv. Karande for plaintiff present. He sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 09.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: P.O. is on Leave
Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Kalyani Bane for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 11.01.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv. Karande for plaintiff present.
Adv. For deft. absent
He sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for evidence to 09.02.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: Adv. Karande for plaintiff present.
Exh.3 - Evidence affidavit of PW-1 Vijaya Divekar. T.O.R.
Exh.4 - List of documents. T.O.R.
The matter is adjd for verification of evidence affidavit to 15.02.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv. Karande for plaintiff present.
PW-1 Vijaya Divekar appeared before the Court through google meet.
Contents in the evidence affidavit (Exh.3) are verified, read and recorded.
From the evidence affidavit of PW-1 Vijaya Divekar, following documents are proved, therefore, they are exhibited.
Art.- A - Unsigned letter from defendant.
Exh.5 - Statement of account.
Exh.6 colly. - Cheque along with cheque depositing slip and cheque return memo.
Exh.7 - Statement of account of RBL Bank.
Art.- B - Transaction statement.
Art.- C - Ledger account.
Exh.8 - Undertaking dated 25.01.2016 executed by deft.
Exh.9 - Certified copy of award.
The matter is adjd for evidence to 01.03.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Karande for plaintiff present. He sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 22.03.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Adv. Karande for plaintiff present.
Exh.10 - Adv. For plaintiff tendered evidence closing pursis. T.O.R.
The matter is adjd for arguments to 31.03.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv. Karande for plaintiff present. He sought time for arguments. Time as prayed for is granted.
The matter is adjd for arguments to 11.04.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv. Lata Desai along with Dr. Pallavi D. for plaintiff present.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 19.04.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv. Karande for plaintiff present.
Exh.11 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.993 of 2021 is decreed with costs.
2. Defendants shall pay jointly and severally an amount of Rs.76,69,080/- (Rupees Seventy Six Lacs Sixty Nine Thousand and Eighty only) alongwith interest @ 18 percent p.a. on the principal outstanding amount of Rs.54,09,361/- to plaintiff 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: 19-04-2022
