Date: 13-08-2018
Business: Adv. Kapadia for Plaintiff present.
None for Defendant.
Plaint.
V.P.
List of documents.
Memorandum of address.
Advocate for plaintiff has filed service affidavit, TOR.
There is no proper service upon defendant hence advocate for plaintiff seeks time for service.
She has also filed writ of summons, TOR.
Matter is adjd. to 15/10/2018 for Service.
Next Purpose: SERVICE
Next Hearing Date: 15-10-2018
Date: 15-10-2018
Business: Adv. Kapadia for Plaintiff present.
None for Defendant.
Matter is adjd. to 26/11/2018 for Service.
Next Purpose: SERVICE
Next Hearing Date: 26-11-2018
Date: 26-11-2018
Business: Adv. Kapadia for Plaintiff present.
None for Defendant.
Matter is adjd. to 20/12/2018 for Service report.
Next Purpose: SERVICE
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Business: Adv. Kapadia for plaintiff present.
None for defendant
adv for plaintiff has filed drafst ch.s along with affidavit.
O- Leave is granted to register the ch.s.
Matter is adj to 08/03/2019 for Ch.s. service.
Next Purpose: SERVICE
Next Hearing Date: 08-03-2019
Date: 08-03-2019
Business: Adv. Kapadia for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed registered Chamber Summons no.63/19 alongwith affidavit, TOR.
Order Read the Chamber summons. Heard. The suit summons be served upon defendant by way of substitute service by paper publication in any two daily news paper having wide circulation in the area where defendant company is situated. Chamber summons no.63/19 is disposed of.
Matter is adjd. to 17/06/2019 for Service report.
Next Purpose: SERVICE
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: Adv for plaintiff Ms.Kapadia present
She filed draft C/S along with affidavit.
O-Leave Granted to register C/S. C/S is allowed to issue suit summons by way of publication in two news paper and one of them shall be in local language and summons be served by way of pasting.
C/S stands disposed of.
C/S be register for statistical purpose.
Matter is Adjd for Affidavit of Service to 24/09/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: P.O is on leave. Adjd to 20/12/19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: None present.
LO
Adv. Kapadiya for plaintiff present and filed service affidavit at Exh.5.
Matter adjd to 11/03/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Adv. kapadia for plaintiff.
The record reveals that while order dtd.17.06.2019 on the Ch/s, as noted in the notings, permission was granted to the plaintiff to serve the summons on the defendant by publication in newspapers. The service affidavit Exh.5 @ the newspaper cuttings show that summons was accordingly published in the newspapers as per the order. Thus, there has been proper service of summons. However, the defendant failed to appear. Hence, suit to proceed Ex-parte agains the defendant.
Adjd for Ex-parte evidence to 06-08-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv. Vishal for plaintiff filed
Exh.6- Claim affidavit
Exh.7- Compilation of documents
Adjd for evidence close pursis to 03-08-2021
Next Purpose: ARGUMENTS
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: P.O. is on leave. The matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv. Deeshank Doshi i/b. M/s. Thakore Jariwala and Associates for plaintiff present.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 20.08.2021.
Next Purpose: JUDGMENT
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Adv. Jariwala for plaintiff present.
Exh.8 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is decreed with costs.
2. Defendant shall pay an amount of Rs.3,97,111/-(Three lakhs ninety seven thousand one hundred and eleven only)alongwith interest at the rate of 21 percent p.a. on the principal outstanding amount of Rs. 3,29,040/- to the plaintiff from the date of the suit till it\''s realization within two months.
3. Decree thus follow.
4. Court fee be refunded as per Schedule 1 of (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
Nature Of Disposal: DECREED
Disposal Date: 20-08-2021
