Date: 21-04-2018
Business: Both parties and Adv absent.
Matter is adj. to 13/07/2018 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-07-2018
Date: 13-07-2018
Business: Adv. Ramesh Jain for Plaintiff present.
None for Defendant.
Matter is adjd. to 24/09/2018 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-09-2018
Date: 24-09-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 20/11/2018 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-11-2018
Date: 20-11-2018
Business: W.O.B.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-01-2019
Date: 19-01-2019
Business: Adv. for Plaintiff absent.
Adv. Lavkush Sharma for Defendant present.
Advocate for defendant has filed vakalatnama, TOR subject to no objection from the appearing advocate for defendant.
Matter is adjd. to 18/02/2019 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-02-2019
Date: 18-02-2019
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 03/04/2019 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Business: Adv for deft Mr.Sharma present
He requested for adjournment
O-Granted
Matter is Adjd for S/J 51/18 Hearing to 07/08/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: P.O is on training.
Adjd to 11/9/19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: None present.
Adjd. to 18.10.2019 for SJ hearing.
LO at 12.30 p.m
Adv. Ramesh Jain for plaintiff present.
Adv. Girish Pawar for deft present.
Exh.6 - List of original documents filed by plaintiff.
Adjd. for SJ hearing to 18.10.2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv. Sakpal for plaintiff present.
None for deft.
Adjd. for SJ hearing to 05.12.2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: None present.
Matter is adjd to 24/01/2020 for S/J Hearing
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv. Ramesh jain for plaintiff
Adjd on the request of plaintiff to 28.02.2020 for SJ Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Adv. Ramesh jain for plaintiff.
Adv. Upadhyay for defendant.
Adjd for service affidavit of SJ to 05-05-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: None present
Adjd to None present
Adjd to 03-03-2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv. Ramesh jain for plaintiff
Adjd to 16-06-2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None present for both parties.
KB
LO
None present.
Matter is adjd to 12.01.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: As per Office Order 07 of 2022 dated 07/01/2022.
Matter is adjd. to 09-03-2022 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: P. O. is On Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: Adv. Ramesh Jain for Plaintiff present.
None present for defendant.
K.B. for arguments.
L.O. at. 04.00 p.m.
None present.
Adjd to 22/06/2022 for arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: P. O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: None present for Plaintiff.
Adv. Pawar for defendant present and seeks time for arguments. Granted.
Adjd to 30/08/2022 for hearing on S.J.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: As court is vacant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: None present.
Matter Adjd for SJ hearing/order on 31-07-2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: Adv.Ramesh Jain present for plaintiff.
None present for defendant.
KB
L.O. at 5.00 pm.
Adv.Ramesh Jain present for plaintiff.
None present for defendant.
Matter stands adjourned for SJ hearing on 03-08-2023 at 2.45 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: Adv.Ramesh Jain present for plaintiff.
None present for defendant.
Matter stands adjourned for SJ hearing on 18-09-2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: Adv.Ramesh Jain present for plaintiff.
None present for defendant.
Matter stands adjourned for SJ hearing on 18-10-2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: CORAM - H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 15)
Adv. Ramesh Jain for plaintiff is present
Heard. Put up for further arguments.
Matter stands adjourned to 30.01.2024 for further arguments.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: Adv.Madhuri Shirke h/f Ramesh Jain present for plaintiff
None present for defendant.
Matter stands adjourned for Summons for Judgment hearing on
17-02-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: None present.
KB.
L.O. at 3.45 pm.
None present.
Matter stands adjourned for Summons for Judgment hearing
on 15-04-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: Adv. Ramesh Jain present for plaintiff.
None present for defendant.
Matter stands adjourned for Summons for Judgment hearing
on 21-06-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: P. O. is on Leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: Adv. Madhuri Shirke present for plaintiff.
None present for defendant.
Kept back.
L.O. at 1.10 pm
Adv. Ramesh Jain present for plaintiff.
None present for defendant.
Plaintiff is directed to tender the original documents.
Matter stands adjourned for Summons for Judgment hearing
on 05-09-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-09-2024
Date: 05-09-2024
Business: None present.
Kept back.
Later on 12.50 p.m.
Adv. Ramesh Jain for plaintiff.
None for defendant.
Plaintiff is directed to tender service affidavit to Summons for Judgment.
Matter stands adjourned for service affidavit on 14-11-2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-11-2024
Date: 14-11-2024
Business: None present.
Kept back.
Later on at 12.20 pm
Adv. Ramesh Jain present for plaintiff.
None present for defendant.
Matter stands adjourned for affidavit of service on 07-12-2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2024
Date: 07-12-2024
Business: Adv. Madhuri Shirke present for plaintiff.
None present for defendant.
Matter stands adjourned for service affidavit of Summons for
Judgment on 16-01-2025.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2025
Date: 16-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-04-2025
Date: 21-04-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-07-2025
Date: 02-07-2025
Business: None present.
Kept back.
Later on at 1.15 pm
Adv. Ramesh Jain present for plaintiff.
Matter stands adjourned to 11-09-2025 for Summons for Judgment
hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-09-2025
Date: 11-09-2025
Business: None present.
Kept back.
Later on at 12.35 pm
Adv. Madhuri Shirke present for plaintiff.
Matter stands adjourned to 15-10-2025 for Summons for Judgment
hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-10-2025
Date: 15-10-2025
Business: Adv. Ramesh Jain present for plaintiff.
None present for defendant.
Matter stands adjourned to 22-12-2025 for Summons for Judgment
hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-12-2025
Date: 22-12-2025
Business: P. O. is on Leave. Hence, matter is adjd to.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-01-2026
Date: 29-01-2026
Business: Adv. Ramesh Jain for plaintiff, who informed that matter is likely to be settled as defendant settled other two matter, hence, last chance is granted for settlement else Summons for Judgment pending since 2018 and it would be for final hearing, if the original document are tendered.
None for defendant.
Matter stands adjourned to 23-04-2026 for Summons for Judgment
hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-04-2026
Date: 23-04-2026
Business: Parties are absent.
Adv. Ramesh Jain for plaintiff.
None for defendant.
ORDER IN SJ 51/2018
The present SJ No. 51/2018 dtd. NIL January 2018, is tendered by plaintiff Maheshkumar HUF Hardasmal Kakvani against firm respondent/original defendant Niraj Kakkad construction for recovery of sum of Rs.2,53,276.71/- with future interest on Rs.2,00,000/- at the rate of 1.75percent per annum from the date of filing of suit till its realization.
SJ in supported by affidavit of Maheshkumar H. Kakvani, adult, karta and Manager of Maheshkumar H. Kakvani HUF supporting his claim in suit contending that there is no defense to the suit though appearance have caused by the defendant with a view to delay and protract the proceeding of the suit causing delay in passing decree. Thus adopted , repeated, retreated and confirmed the statement made in the plaint
Points-
1. Does plaintiff HUF is entitle for making SJ absolute Ans.- Yes.
2. Does defendant sought to leave to defend after appearing in Suit and filing VP at Exh.05 dtd. 12.04.2017 and subsequently, at Exh.05A dtd. 19.01.2019 through LD. advocate Shreya Srivastava, Adv. Shanti Komati and Adv. Jameer Khan and subsequently, through Adv. Lavekush Sharma Ans. No.
3. What Order Ans. SJ made absolute with the cost of suit.
Reasons-
Heard the Ld. advocate Sh. Ramesh Jain who brought the attention to the court the original documents tendered vide list of documents at Exh.06.
The first documents is the original receipt dttd. 24.02.2014 whereby proprietor of defendant Niraj Construction acknowledged the receipt of sum of Rs. 2Lac vide cheque No. 809279 dtd. 24.02.2014 drawn on Union Bank of India, Khand Bazar Branch, as loan on interest at the rate of 1.75percent per month.
Second documents is the original account pay cheque with memo bearing No.283411 drawn on City Bank for Rs.2Lacs drawn on the account NO. 0857219112 in the name of plaintiff HUF dtd. 28.01.2017 with memo showing dishonor of cheque of account of account closed.
The third documents is plaintiffs legal notice/advocate letter dtd. 11.02.2017 addressed to the defendant and its proprietor demanding the amount in view of the dishonor of the cheque duly served and received by the defendant being three postal receipts and two acknowledgments have been tendered.
Further perusal of list of documents at Exh.06 goes to show that the documents referred at Sr. No. 04 is stated to be the bank statement and bank records however, not tendered and found though referred in the Exh.06.
Similarly Income Tax record though referred at Sr. No. 05 is also not tendered.
However, when not only defendant Niraj Kakkad Construction put due appearance not only through one advocate but total four advocates for the best reasons known to the defendant no leave to defendant has been sught. Hence, it goes to the roots and I have no hesitation to allow the SJ being it is rightly pointed by the Ld. Advocate Ramesh Jain that the appearance was put with only intention to drag and protract the hearing of the suit.
Hence, I noted my affirmative finding to the point NO.01 and negative to the Point NO.02 and proceed to pass following order-
1. The SJ No. 51/2018 in Sum SU No. 338/2017 is made absolute with cost of the suit.
2. Defendant do pay Rs.2,53,276.71/- to plaintiff with interest at the rate of Rs.1.75percent per month from the date of filing of the suit till its realization.
3. The Sum Suit 338/2017 is decreed accordingly with the cost.
4. Decree be drawn of accordingly.
5. SJ No. 51/2018 and SUM SU No. 338/2017 both are disposed-of accordingly.
Proceeding is closed.
R and P to be given to the Record Room.
Nature Of Disposal: DECREED
Disposal Date: 23-04-2026