Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: REPORT
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lockdwon
Next Purpose: REPORT
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 11.01.2021.
Next Purpose: REPORT
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv. Surendra Raja for plaintiff present.
Adv.for defendant absent.
Adv.for the plff has submitted that the report is received that the address of deft is incomplete. He has file an application t.o.r marked at Exh.2.
Order below Exh.2
Perused the application. Heard Adv.for the plantiff. Considering the contents of endorsement on previous report as well as the reasons mentioned in the application, the summons be served upon new address as mentioned in the application.
Application Exh.2 is allowed and fresh summons be issued upon the addresses mentioned in Exh.2 subject to payment of the necessary process fee. Simultaneous service through RPAD is permitted. Summons r/o 20.03.2021.
Adjd for report on 20.03.2021.
Next Purpose: REPORT
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: As P.O. is on 40 hrs Online Mediation Training for the
Judicial Officers scheduled to be held from 15th to 22nd March, 2021
Adjd to
Next Purpose: REPORT
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: As per Office Order No. 79/21, holiday is declared on 15/04/2021. Hence, adjd to 28/07/2021
Next Purpose: REPORT
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: As Court is on leave, matter is adjd to 21.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv.Surendra Raja for plaintiff present.
None present for defendant.
The plaintiff want to file service affidavit and want to file application for substitute service of summons.
Matter adjd to 07.09.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv.Surendra Raja for plaintiff present.
None present for defendant.
Service affidavit of clerk of Board Department, Exh.3 and of the plaintiff Exh.4 filed by Adv. of plaintiff t.o.r.
The plaintiff filed an application, Exh.5 to serve the defendant on the address at Andheri and Wadala. O-Allowed to issue fresh writ of summons through Bailiff on the addresses stated in the application.
Matter adjd to 21.10.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.45 pm,
Adv.Ranjita Shivalkar h/f.Adv.Raja for plaintiff present. On oral request adjd for filing service affidavit on 12.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv.Shailesh Rajda h/f.Adv.Surendra Raja for plaintiff present.
None present for defendant.
The plaintiff tendered application, Exh.6 for fresh service of suit summons t.o.r. O-Read the roznama dated 20.09.2021. Already the plaintiff is allowed to serve the defendant with fresh writ of summons through Bailiff, hence, time is extended for service of suit summons accordingly.
Matter adjd to 08.12.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Plaintiff present.
Adv.Surendra Raja for plaintiff present.
None present for defendant.
The plaintiff filed service affidavit a/w. bailiff report and three copies of summons, Exh.7 (colly.)
ORDER BELOW EXH.1
Read the bailiff report dated 01.12.2021. The suit summons has been refused by the defendant. It ought to have been pasted on the conspicuous part of the defendants office. Hence, Issue suit summons by pasting through bailiff.
Matter adjd to 14.01.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 18.02.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: None present for for plaintiff.
None present for defendant.
Matter adjd to 21.03.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: CORAM H.H.J. SHRI S.U. HAKE, JUDGE, CITY CIVIL COURT (C. R. NO. 14)
(Matter pertains to Court no.32.)
Chandrakant Mhatre, representative of plaintiff present.
Exh.8 - He filed service affidavit. T.O.R.
The matter is adjd for passing orders to 19.04.2022.
Judge
(In-charge of C.R.32)
Next Purpose: ORDER
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Mr.Chandrakant Mhatre, representative of plaintiff present.
None present for defendant.
ORDER BELOW EXH.1
Read the service affidavit Exh.8 a/w. report of bailiff. Suit summons is duly served on the defendant on 23.12.2021. He failed to appear, hence, suit to proceed ex-parte against the defendant.
KB
LO at 12.15 pm,
Adv.Surendra Raja for plaintiff present.
Matter adjd to 15.06.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Plff present and filed affidavit in evidence of plff at Exh.9
List of documents at Exh.10 filed by plff.
Oath given to plff / PW-1 in Hindi language. He admitted contents of chief examination is true and correct.
Heard Adv.of plaintiff on exhibition of documents. As the suit is ex-parte, no argument of defendant. The following order is passed on exhibiting of documents.
Notarized true copy of letter of administration bearing petition No.156/2018 at Exh.11.
Certificate issued by Punjab and Sindh Bank, certifying about the encashment of cheque at Exh.12.
Confirmation of accounts by defendant dt.01.04.2017, 01.04.2018, 01.04.2019 at Exh.13 to Exh.15 respectively.
Confirmation of note by defendant and thereby promised to make payment by 30.06.2019 at Exh.16.
Matter adjd to 05.07.2022 for further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Representative of plff Namely Chandrakant Mhatre, Accountant is present. Representative of plff contended that his adv can not remain present and therefore matter may be adjourn.
None Present for Deft.
Adj. For Ex-parte evidence on 15/07/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Representative of Plff present.
KB.
Adv. Surendra Raja Present for Plff.
None Present for Deft.
Ex.17- Adv of plff has filed evidence closure pursis.
Adj. For argument on 18/07/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: None present.
KB.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant is directed pay to plaintiff the amount of Rs.10,00,000/-with interest @ 18% p.a. from the date of suit till realization of entire amount.
3. Defendant shall pay pre-suit interest of Rs.1,95,000/-calculated @ 18% p.a. on principal sum for a period 1/10/2018 to 31/1/2020.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 18-07-2022