Date: 15-02-2021
Business: Matter pertaining to C.R. No. 14
Adv Jay Yadav for plaintiff present.
None for defendant.
Ex.02 Ld Adv for plaintiff filed application for issue fresh writ of summons by RPAD and through Bailiff t.o.r O- issue fresh writ of summons on PF by RPAD as well as through Bailiff at the costs of plaintiff.
Matter adjd for service affidavit to 06-04-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Adv. Yadav for plaintiff is present.
None for defendant.
Adv.for plaintiff has filed affidavit of service t.o.r marked as Exh.3.
Matter ajdd for orders on 28.06.2021.
Next Purpose: ORDER
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 19.07.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: PO is on Leave
Next Purpose: ORDER
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.13 pm
Adv.Jay Yadav for plaintiff present.
ORDER
Read the service affidavit, Exh.3 and postatl endorsement on th envelope. Service is refused by the defendant, hence, it is deemed as served. The defendant remained absent. Suit to proceed ex-parte against defendant.
Matter adjd to 13.10.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv.Jay Yadav for plaintiff present.
None present for defendant.
On oral request of plaintiff kept back for filing evidence.
K.B.
LO at 1.15 p.m.
Same appearance.
ORDER
Read the plaint. There is case of friendly loan. In view of judgment of Hon\''ble Calcutta High Court in Ladymoon Towers Pvt.Ltd. Vs. Mahendra Investment Pvt.Ltd., IA No.GA/4/2021 In CS/99/2020 dated 13.08.2021, it is not the commercial dispute, Hence Registrar (Civil) to assign this suit to the proper Court.
Matter adjd to 15.11.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Matter assigned to this Court.
Adv. Jay Yadav for plaintiff present.
None present for defendant.
Exh.04- affidavit of evidence. O-read and recorded.
Exh.05- List of documents. O- be filled.
Matter Adjd for order on admissibility of documents on 06/01/2022.
Next Purpose: ORDER
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv. Jay Yadav for plaintiff present.
None present for defendant.
Order on Admissibility of documents
Exh.06 - Power of Attorney dt.02/05/2018.
Exh.07 - Power of Attorney dt.02/05/2018.
Exh.08 - Promissory note dt.01/04/2019.
Exh.09 - Promissory note dt.01/04/2019.
Exh.10 - Office copy of letter dt.07/02/2019.
Exh.11 - Postal receipt.
Exh.12 - Acknowledgement.
Exh.13 - Office copy of letter dt.31/05/2019.
Exh.14 - Postal receipt.
Exh.15 - Acknowledgement.
Exh.16 -Copy of letter dt.01/07/2019.
Exh.17 - Office copy of notice dt.22/08/2019.
Exh.18 - Reply dt.09/09/2019.
Matter Adjd for further evidence of plaintiff (if any) on 07/03/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv. Jay Yadav for plaintiff present.
None present for defendant.
Exh.19 - Evidence closing pursis. O-seen.
KB for argument.
Heard final argument of plaintiff.
Matter Adjd for ex-parte judgement on 25/03/2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv. Jay Yadav for plaintiff present.
None present for defendant.
F.R.S.R. following order in Summary Suit No.891 of 2021 is passed-
ORDER
1. The Summary Suit no. 891 of 2021 is decreed with costs.
2. The defendant shall pay the sum of Rs.18,19,561/-(Rupees Eighteen Lacs Nineteen Thousand Five Hundred and Sixty One Only) to the plaintiff with interest on the principal amount of Rs.15,00,000/-(Rupees Fifteen Lacs Only) at the rate of 9 percent p.a. from the date of filing of the suit till its realisation.
3. Decree be drawn up accordingly.
4. Court fee be refunded to the plaintiff if any as per rules.
5. Judgement dictated and pronounced in open court.
R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 25-03-2022