Date: 21-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 08.07.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Krusha Maheshwari For plff. present.
Adv. For the plff. Tendered original registered S/J No. 19/2020 @ affidavit in support. t.o.r.
She also filed affidavit rejoinder in S/J No. 19/2020. t.o.r.
Adv. Krusha for plff. filed vakalatnama. t.o.r.
Matter is adjd to 04.03.2021 for S/J Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Krusha Maheshwari for the plff. Present.
Adv. Uzair Surangiwale for the deft. Present.
Adv. For the plff. Filed affidavit service of
Matter is adjd to 08.04.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Both the parties and their advocates are absent.
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
Matter is adjd to 13.07.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: HHJ is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: None present.
Matter is transferred to Court Room No. 14.
Matter adjd on 07.08.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv. Trusha Maheshwari for plaintiff present.
Exh.2 - Adv. For plaintiff filed application for re-transfer of suit to regular summary court. T.O.R.
O. - Other side to say.
The matter is adjd for S/J hearing and say on Exh.2 To 04.09.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Adv. Krusha Maheshwari for plaintiff present.
Deft. and his advocate are absent.
Adv. For plaintiff filed copy of notice given to defendant\''s advocate regarding application for re-transfer of suit to regular summary court. T.O.R.
Deft. failed to file say to Exh.2. Therefore, application (Exh.2) to proceed without say of deft.
The matter is adjd for hearing on Exh.2 to 17.09.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: None present.
The matter is adjd for hearing to 28.09.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv. Krusha Maheshwari for plaintiff present.
Heard Adv. For plaintiff on Exh.2.
The matter is adjd for order on Exh.2 to 04.10.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: None present.
ORDER BELOW EXH.2
Heard Adv. For plaintiff. It is submitted on behalf of plaintiff that suit is filed under Order 37 Rule 2 of C.P.C. Subsequently, summary suit was transferred to the Commercial Court treating the present dispute as a Commercial dispute. Subject matter of the dispute is pertaining to the repayment of friendly loan. It is not a commercial dispute. Plaintiff relied upon -
(1) Rita Agarwal V/s. Uday Medicare Pvt. Ltd., CS(COMM) 786/2017 (Hon\''ble Delhi High Court).
(2) Ladymoon Towers Pvt. Ltd. V/s. Mahendra Investment Advisors Pvt. Ltd., I.A. no.GA/4/2021 in CS/99/2020 dated 13.08.2021 (Hon\''ble Calcutta High Court).
By making above submissions, plaintiff urged that present dispute is not a commercial dispute and therefore matter be transferred to Regular Summary Court.
Considered the submissions advanced on behalf of plaintiff. Perused the plaint. It is pleaded that deft. has availed friendly loan of Rs.5,00,000/- from plaintiff. Suit is filed for recovery of friendly loan advanced to deft.
As per avernments in the plaint, loan was not given in the regular course of business or as a commercial loan. As per above cited case laws, suit for recovery of a friendly loan would not be a commercial dispute within the purview of Section 2(1)(c) of the Commercial Courts Act. Present suit does not qualify as a Commercial dispute. Therefore, matter be sent to the Office of Registrar (Civil) for further assignment. Application (Exh.2) is disposed of accordingly.
The matter is adjd for compliance of above order to 29.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. Trusha Maheshwari for plaintiff present.
Adv. Uzair for defendant present.
Matter adjd for SJ Hearing on 17/12/2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: P. O. is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Trusha Maheshwari for plaintiff present.
Adv. Uzair Surajwala for defendant present.
Ld. Adv. for defendant sought time. Time granted as a last chance.
Matter Adjd for SJ hearing to 06.04.2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. Maheshwari plaintiff present.
Adv. Uzair for defendant present.
Ld. Adv. for defendant sought time. Already last chance was granted on previous date and hence further time cannot be granted.
Kb.
Later on at 03.44 pm.
Exh.03 - Written submission on behalf of plaintiff. TOR.
Copy of written submission supplied to advocate for defendant today in court.
Matter Adjd for SJ Order on 19/04/2022.
Next Purpose: ORDER
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv. Trusha Maheshwaari for plaintiff present.
Adv. Minal Yadav for defendant present.
Ld Adv. for defendant tendered written argument.
Adv for plaintiff raised objection as sufficient chances were already given.
Considering the submission the written argument of defendant is TOR.
Exh- 4 Written argument of defendant.
Defendant to supply copy of Exhibit - 4 to plaintiff on or before next date.
Matter Adjd for reply argument of plaintiff to 07.06.2022
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Trusha Maheshwari for plaintiff present.
Adv. Uzair for defendant present.
Heard reply argument of plaintiff on SJ.
Matter Adjd for SJ Order on 20/06/2022.
Next Purpose: ORDER
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv. Krusha Maheshwari for plaintiff present.
None present for defendant.
F.R.S.R. following order in Summons for Judgment No.19 of 2020 in Summary Suit no.856 of 2021 is passed-
ORDER
1. Conditional leave is granted to defendant to defend the suit.
2. The defendant shall deposit an amount of Rs.1,00,000/- to be paid to the plaintiff within 2 months from date of this order.
3. The defendant after payment of the amount of Rs.1,00,000/- will be at liberty to file written statement on record.
4. The Summons for Judgment No.19 of 2020 is disposed off accordingly.
5. Parties to bear their own costs.
Matter Adjd for compliance on 23/08/2022.
Nature Of Disposal: OTHER
Disposal Date: 20-06-2022