Date: 25-02-2019
Business: As the Court is on leave Board is discharged and the matter stands adjd. to
Next Purpose: DIRECTIONS
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: Adv for plaintiff Ms.Kavita Lalwani present
Adv for plaintiff tendered registered S/J 50/19 along with affidavit and affidavit of Service of S/J
L.O.
Adv for deft Mr. Adnan Ansari present
He submitted draft C/S
O-Leave to register C/S
Matter is Adjd for C/S Hearing to 14/06/2019
Next Purpose: C/S HEARING
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Business: Clerk of Adv for plaintiff present.
She requested for adjournment. O-Granted.
Matter is Adjd for C/S Hearing to 03/08/2019.
L.O.
Adv for deft Mr. Sabre Alam h/f Sandeep Ladda present.
Next Purpose: C/S HEARING
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: Adv. Lalwani for Plaintiff present.
None for Defendant.
Adjourned to 21.09.2019 for Ch/S Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 21-09-2019
Date: 21-09-2019
Business: P.O. Is on leave. Adjd to 18/10/19
Next Purpose: C/S HEARING
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: None present.
KB.
LO At 1.30 pm
Adv. for Lalwani for plaintiff present.
None for deft.
Reply to ch/s 977/19 filed by adv. for plaintiff.
Registered ch/s 977/19 is not filed on record by deft. Deft is directed to file the same on record till next date.
Adjd. for ch/s hearing to 18.12.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Adnan Ansari for defendant present. He file register Ch/s no.977/19 along with affidavit tor.
None for plaintiff.
kb
Matter adjd to 31/01/2020 for CH/S hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Adv. Lalwani for plaintiff.
Adv. Alan for defendant.
On the request of defendant adjd as last chance for C/s Hearing to 10-02-2020
Next Purpose: C/S HEARING
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv Kavita Lalwani for plff present.
None for deft.
Heard argument on behalf of the plff advocate.
Matter adj to 18-02-2020 for order.
L.O. at 3.30 pm
Adv Sabre Alam h/f Sandeep S. Ladda for deft present.
As court is busy in hearing matters.
Already adj to 18-02-2020 for order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Kavita Lalwani for plaintiff
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Adv. Ansari for defendant filed
Exh.5- pursis @ order dtd.14-10-2019 passed by NCLT.
The order shows that continuation of the suit in respect of Vistar metal Industries has been prohibited. Thus, the suit against defendant No.1 has been prohibited. However, there is no reason to prohibit continuation of the suit against defendant No.2. Hence, the suit shall proceed against defendant No.2.
Court is busy in dictating order in NM 507/20, SJ 348/18, Hence, Adjd for order on 28-02-2020
Next Purpose: CH/S ORDERS
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Adv. Kavita lalwani for plaintiff
F.R.S.R. following order
ORDER
1.The Chamber Summons No.977 of 2019 is allowed as under.
2.Delay caused to the defendant to file the leave to defend is condoned and the leave to defend be taken on record subject to cost of Rs.2000/- to be paid to the plaintiff by defendant No.2.
Adjd for compliance to 19-06-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: None present.
Adjd to 18-02-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: None present.
Adjd to 16-04-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv Ms.Lalwani present for the plaintiff.
None present for the defendant.
The report of concerned registrar be taken for depositing the cost by plaintiff.
Matter is adjd to 29.11.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Kavita Lalwani for the plaintiff present.
None for defendant.
As per order dated 28/02/2020 permission was granted to defendant to defend the suit subject to costs of Rs.2000/-. But, from there further roznama disclosed that till today defendant has not paid the costs. On last date report of Deputy Registrar has been called regarding compliance of order dated 28/02/2020. The report of Deputy Registrar is on record, that report disclosed that till today, defendant No.2 has not paid the costs.
The plaintiff has filed service affidavit at Exh.5, from the affidavit it appears that summons is served to defendant No.1. But, he failed to appeared on record. Therefore, suit to proceed Ex-parte against him. The defendant No.2 appeared on record. But, till today, failed to file reply, therefore, suit to proceed against defendant No.2.
Matter is adjd. to 11/01/2022 for (Ex-parte evidence).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: As per Office Order 07 of 2022 dated 07/01/2022.
Matter is adjd. to 15/03/2022 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv. Kavita Lalwani for plaintiff present.
None for defendant.
She filed claim affidavit TOR marked as Exh. 6
List of document TOR marked as Exh. 7
Matter is adjd. for marking documents to 07-06-2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Kavita Lalwani for Plaintiff present.
None present for defendant.
Adjd to 07/07/2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR (C.R. No.15)
None present.
K.B.
L.O. at. 01.10 p.m.
Adv. Kavita Lalwani for Plaintiff present.
None present for defendant.
Following documents are Exhibited as undet.
Copy of Demand Bill of Exchange dtd. 27.10.2014 Rs. 5,00,000/- (Exhibit “A”) is t.o.r. and marked as Exh 8.
Copy of Plaintiff\''s Advocate\''s letter dtd. 07.07.2018 (Exhibit “E”) is t.o.r. and marked as Exh. 9.
Heard arguments of ld. Adv. For Plaintiff.
Ex-parte Judgment.
F.R.S.R. following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendant no.2 is hereby ordered and directed to pay an amount of Rs.7,32,500/- to the plaintiff within a period of two months from today.
3. The defendant no.2 is further directed with interest at the rate of 9% p.a. of Rs.5,00,000/-from the date of suit till realization.
4. Summons for Judgment No.50 of 2019 is made absolute.
5. Decree be drawn up accordingly.
6. Court fee be refunded as per Bombay City Civil Court Rule.
Judge
Nature Of Disposal: DECREED
Disposal Date: 07-07-2022