Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Next Purpose: REPORT
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: national lockdown
Next Purpose: REPORT
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
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. Smita Jagtap for plaintiff present.
Adv.for defendant absent.
Adjd for report on 07.06.2021.
Next Purpose: REPORT
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: Adv.Smita Jagtap for plaintiff present and made statement that no specific order of issuance of suit summons as being passed. On perusal of roznama it reveals that case is simply adjourned for report. Issue fresh summons.
None present for defendant.
Matter adjd to 21.06.2021 for summons report.
Next Purpose: REPORT
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: BY PRECIPEE (Exh.2)
Adv.Smita Jagtap for plaintiff present and filed application, Exh.2 for matter taken on today\''s board. O-Allowed.
Adv. of plaintiff filed application, Exh.3 for seeking permission to serve the defendant by RPAD Post t.o.r.
O-Allowed to serve by RPAD.
Matter already adjd to 21.06.2021 for report of writ of summons.
Next Purpose: REPORT
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: None present.
Matter adjd for report on 06.08.2021.
Next Purpose: REPORT
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv.Shabana F. Sothe i/b.S.P.Associates for plaintiff present.
None present for defendant.
The plaintiff filed service affidavit, Exh.4 t.o.r. O-filed.
Read the tracking report attached with the affidavit of service. Report shows that register packet is delivered to the defendant. Defendant is absent. Matter adjd for passing ex-parte order against defendant on 04.09.2021.
Next Purpose: ORDER
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.30 pm
None present. Read the service affidavit, Exh.4. The summons issued as Exh.A attached to the service affidavit is not the proper summons. Summons is not served through Court. Hence, the following order.
ORDER
1. The plaintiff to serve the summons on the defendant through Court.
2. Issue fresh summons of the suit as per Order 37, Rule 2, Sub Rule 2 in Form No.4 in Appendix B. (Form No.5 of the Bombay City Civil Court Rules, 1948.
Matter adjd to 24.09.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.18 pm
Plaintiff absent. No service affidavit filed. Matter adjd for filing service affidavit on 16.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: 16-10-2021 is holiday declared.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv.S.F.Sothe i/b.S.P. Associates for plaintiff present.
None present for defendant.
The plaintiff filed application, Exh.5 for extension of time to serve the writ of summons. O-Time extended for service of writ of summons through bailiff.
Matter adjd to 13.12.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: HHJ is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Plaintiff and his Adv. Ms. Smita Jagtap present.
None present for defendant.
Advocate for Plff. tendered service affidavit t.o.r and marked as Exh. 6. Summons is served U/o. 37. Due to present SOP dated 06.01.2022, adverse order cannot be passed. Hence, adjd for order against the defendant on 08.02.2022.
Next Purpose: ORDER
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Adv. Smita Jagtap present for plaintiff.
None present for defendant.
Matter adjd to 07/03/2022 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv.Smita Jagtap i/b.S.P.Associates for plaintiff present.
None present for defendant.
ORDER BELOW EXH.1
Read the service affidavit Exh.6, bailiff report dated 22.12.2021. Summons under O-37, R-2 is duly served on the defendant on 22.12.2021. The defendant failed to appear, hence, suit to proceed ex-parte against defendant.
Matter adjd to 28.03.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv.Smita Jagtap h/f.S.P. Associates for plaintiff present.
None present for defendant.
Adv.of plaintiff filed evidence of Mr.Navnit Parmar (PW-1) t.o.r. and marked as Exh.7.
Adv.of plaintiff filed list of documents t.o.r. and marked as Exh.7.
Matter adjd to 05.04.2022 for R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Plaintiff present.
Adv.Smita Jagtap i/b.S.P.Associates for plaintiff present.
None present for defendant.
Oath of PW-1, NAVNIT BIHARILAL PARMAR is affirmed.
Plaintiff to make submission regarding
Matter adjd to 25.04.2022 for marking of documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.50 pm
Adv.Shaheen Sothe h/f.S.P.Associates for plaintiff present.
ORDER REGARDING EXHIBITION OF DOCUMENTS -
1. The document at Sr. No.1 is demand promissory note dated 30.12.2015. Read the contents of Para No.5 of affidavit of evidence. It is marked as Exh.9.
2. The document at Sr. No.2 is original cheque dated 25.03.2016. Read the contents of Para No.6 of affidavit of evidence. It is marked as Exh.10.
3. The document at Sr. No.3 are pay in slip of Dena Bank dated 07.04.2016 and Dena Bank cheque returned memo dated 13.04.2016. Read the contents of Para No.7 of affidavit of evidence. They are marked as Exh.11 (colly.).
4. The document at Sr. No.4 is legal demand notice dated 18.04.2016. Read the contents of Para No.9 of affidavit of evidence. It is marked as Exh.12.
5. The document at Sr. No.5 is affidavit-cum-declaration dated 09.05.2016. Read the contents of Para No.10 of affidavit of evidence. It is marked as Exh.13.
6. The document at Sr. No.6 is promissory note dated 03.08.2016. Read the contents of Para No.11 of affidavit of evidence. It is marked as Exh.14.
7. The document at Sr. No.7 is legal demand notice dated 24.10.2016 and postal receipt No.RM 633208441IN. Read the contents of Para No.13 of affidavit of evidence. It is marked as Exh.15 (colly.).
8. The document at Sr. No.8 is Indian postal tracking report of postal receipt No.RM 633208441IN. Read the contents of Para No.14 of affidavit of evidence. It is marked as Exh.16 (colly.).
9. The document at Sr. No.9 is copy of particulars of claim. It is marked as Exh.17.
Suit is ex-parte, hence, no cross.
Matter adjd to 20.06.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv. Smita Jagtap present for plff.
None present for deft.
Adv for plff filed evidence closure pursis. t.o.r.
Adj. To 12/07/2022 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Adv. Smita jagtap for plaintiff present.
None present for defendant.
Heard final argument of plaintiff.
Case Adjd for ex-parte judgment on 22/07/2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv. Smita Jagtap Present for Plff.
None Present for Deft. Ex-parte.
PO is busy in recording evidence in COM SU No. 93/2021 and Order in NM 1009 of 2021 and NM 951 of 2022.
Adj. For Ex-parte Judgment on 04/08/2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Smita Jagtap I/b S. P. Associates Present for Plff.
None Present for Deft.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.3,00,000/- with interest @ 12% p.a. from the date of suit till realization of the said amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 04-08-2022
