Date: 19-04-2018
Business: Both parties and adv are absent.
Matter is adj. to 16/08/2018 for report.
Next Purpose: REPORT
Next Hearing Date: 16-08-2018
Date: 16-08-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 18/12/2018 for Service.
Next Purpose: REPORT
Next Hearing Date: 18-12-2018
Date: 18-12-2018
Business: Adv for plaff Ms. Trupti shetty present
Adv deft Mr. Mohit Jadhav present
Exh. 2 Affidavit of Service of summons along with postal envelop produced.
It appears though deft legally served with summons did not appear
therefore, matter to proceed Exparte against deft
Matter is Adjd for Ex-parte Evidence on 15/02/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: Adv for plff.Mr. Shivangi Khede present
Adv for deft.Kajal Chaurasiya present
Adv for deft tendered registered N/M 126/19 along with affidavit
Adv for plff stated that she received copy of N/M
Matter is Adjd for Reply to N/M 129/19 on 22/03/2019
Next Purpose: REPLY
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Matter transferred from Cr. no.09.
Both parties are absent.
Matter adj.for Reply on NM no. 126/19 to 21.06.2019.
Next Purpose: REPLY
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: As the court is on leave
board is discharge and
the matter stands adjd. to 16.08.2019
Next Purpose: REPLY
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: P.O. is on Training, Board is discharged
Next Purpose: REPLY
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Adv.Harsh Bihani for plaintiff present.
None for defendant present.
Matter adj for NM hearing to 07.11.2019.
L.O. at 12.30pm
Adv. Megha Shigavan for defendant present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: Adv.Manoj Aagre for plaintiff present.
Adv.Ms.Kajal Choursiya for defendant present, she requested for adjournment on the ground that her senior advocate is not available.
O-granted as a last chance.
Matter adj for NM hearing to 19.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Adv. Manoj Agre for plaintiff present.
Adv. Mohit Jadhav for defendant present.
Heard both the sides in N/M 126/2019.
F.R.S.R following order is passed
Order
1. The Notice of Motion no. 126/2019 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs. 5,000/- (Rs. Five thousand only) to be paid to District Legal Aid Services authority (DLSA) Mumbai within 15 days of this order
2. The Notice of Motion no. 126/2019 is disposed of accordingly.
Matter adjourned for Compliance to 02/01/2020
Next Purpose: COMPLIANCE
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: Adv. Manoj Angre for plaintiff present.
Adv. Mohit Jadhav for defendant present.
Adv. for defendant requested extension of time to comply order dated 19/11/2019. Granted.
Ld. Adv. for plaintiff submitted draft S/J alongwith affidavite. Leave is granted to register S/J.
Matter adj for Compliance to 29/01/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Plaintiff absent.
Defendant present.
Adv. Shivangi Kediya for plff. Present.
Adv. Kajal Chaworsiya for deft. Present.
Adv. For the plff. Tendered original S/J. t.o.r.
Matter is adjd to 18.02.2020 for reply on S/J.
Next Purpose: REPLY
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Sivangi Kediya for plff. Present.
Adv. Kajal Chaursiya for deft. Present.
Adv. For the plff. Tendered registered N/M No. 593/2020 @ affidavit in support.
Matter is adjd to 24.02.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Keni For plff. Present.
Adv. Kajal Chaursiya For deft. Present.
FRSR Pronounced and following order is passed.
ORDER
1. The Notice of Motion no.593 of 2020 is allowed subject to cost of Rs.500/-. The cost shall be deposited with district Legal Services Authority, Mumbai on or before next date.
2. The defendant is granted permission to file reply to Summons for Judgment in the interest of justice on payment of cost to the plaintiff.
3. The Notice of Motion No. 593 of 2020 is disposed off.
Matter is adjd to 20.03.2020 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 02.07.2020 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Business: Due to Covid-19 lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Plaintiff absent.
Defendant absent.
Adv. for plff. Absent.
Adv. Megha Siqvan for deft. present.
Matter is adjd to 15/12/2020 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 18.01.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: NOB TOB
Adv. Manoj Aagre for plff. Present.
Adv. Megha Shigavan for deft. Present.
Adv. for deft. filed application for taken on board.
Order- Allowed.
Adv. for deft. filed reply of S/J No. 02/2020 t.o.r.
Order- Seen and filed.
Adv. For the defendant has filed Application for taken on record the Written Statement dt. 31/01/2020. Appl. T.O.R. Marked as Exh. 3.
Order - Plff. To file reply to this Application of Exh. 3.
Matter is adjd to 18.01.2021 for reply of
Exh. 3 and .S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Court is on Leave.
Matter is adjd to 05.03.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. G. B. Kedia for plff. Present.
Adv. Kajal Chaursiya for the deft. Present.
Matter is adjd to 10.03.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Girish B. Kedia for the plff. present.
Adv. Mohit Jadhav for the deft. present.
For reason separately recorded following order is passed.
ORDER
1. Summons for Judgment No.2/2020 is dismissed.
2.Defendant is allowed to defend the suit on the condition that he shall deposit amount of Rs.2,00,000/- within four weeks from today and file his written statement.
3. Costs in cause.
4. Summons for Judgment No.2/2020 is disposed off accordingly
Matter is adjd to 24.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Kajal Chourasia for the deft present.
Matter is adjd to 07.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Manoj Agre for plaintiff present.
Adv. Mohit Jadhav for defendant present.
Matter is adjd to 29.07.2021 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 16.10.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: As per circular declared holiday
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv Manoj Agre for plaintiff present.
Adv Gaytri Kumari for defendant present.
Record shows that the matter is fixed for compliance of the order for depositing amount of Rs. 2,00,000/-(Rs.Two Lakh Only) as per the order passed in Summons for Judgment No 2/20. Four weeks period is already over. It reveals that said order is challenged by way of Civil Revision Application No 68/2021 before Hon\''ble High Court. The said application is dismissed on dated 12.08.2021 with directions for extension of two weeks time to deposit the amount of Rs. 2,00,000/-(Rs.Two Lakh Only). Two weeks time is also over. The plaintiff has produced non deposit certificate issued by the Dy. Registrar / PLA Section Account Department of this court. The deposit of Rs. 2,00,000/- (Rs.Two Lakh Only) is not made and order passed by Hon\''ble High Court is not complied. The junior advocate appeared for defendant has orally submitted that they inclined to withdraw the V/P and sent e-mail to the defendant. Hence short adjournment may be granted. In fact it is for the parties and advocates to produce necessary documents regarding withdrawal of V/P . For said purpose the non compliance of order of Hon\''ble High Court can not be over looked. Hence for non compliance of the order regarding deposit of Rs. 2,00,000/-(Rs.Two Lakh Only) on condition of which leave to defend was granted, I pass the ex-parte order (without W/S) against the defendant. Suit to proceed ex-parte.
Matter is adjd to 10.12.2021 for ex-party evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Court is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Plaintiff present.
Adv for plaintiff present.
She produced the documents showing withdrawal of VP by giving necessary to the party. TOR.
Adv for plaintiff filed lieu of examination in chief of plaintiff TOR and it is marked as Exh. 4. O- Read and recorded.
Adv for plaintiff filed list of documents TOR and it is marked as Exh. 5.
Document at serial no. 1 is Statement of accounts and it is marked as Exh. 5/1.
Document at serial no. 2 is office copy of the Notice dated 30.01.2017 with A.D. card and it is marked as Exh. 5/2.
Document at serial no. 3 is defendants reply dated 09.03.2017 and it is marked as Exh. 5/3.
Document at serial no. 4 is office copy of the Rejoinder dated 23.05.2017 and it is marked as Exh. 5/4.
Document at serial no. 5 is defendant reply copy dated 04.07.2017 and it is marked as Exh. 5/5.
Document at serial no. 6 is No deposit certificate and it is marked as Exh. 5/6.
Adv for plaintiff filed pursis. TOR and it is marked as Exh. 6. O - Seen.
Matter is adjd to 03.01.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Adv Manoj Agre for plaintiff present.
Adv Megha Shigavan for defendant present.
Adv for defendant filed application wide Exh. 7 TOR. It is submitted that while passing the order/noting dated 15.12.2021, the appearance of adv for defendant has not been recorded hence, this application is moved to clarify said aspect. I have seen the noting of dated 15.12.201. It reveals that inadvertently the roznama is recorded wrongly and presence of defendant advocate is not taken on record. It reveals that she appeared and filed the document regarding withdrawal of VP by giving necessary notice to the defendant. Hence concern clerk is directed to correct the roznama and take the appearance adv for defendant on record.
Today the adv for defendant appeared and made submission that they have returned all documents to the defendants.
Heard adv for plaintiff at length.
Matter is adjd for ex-parte judgment to 07.01.2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv Manoj Agre for plaintiff present. None for defendant.FRSR following order is passedOrder1.The defendant shall pay Rs.4,00,000/- (Rs.-Four Lakhs Only) to the plaintiff, with interest at the rate of 18 percent from the date of filing of the suit till its realization.2.The defendant do pay costs of the suit to the plaintiff.3.Court fee, if any, be refunded as per the rules.4.Decree be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 07-01-2022
