Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Advocate Priti Gada for plaintiff is present.
None present for defendant.
On oral request of advocate for plaintiff time is extended for service of writ of summons.
Adjourned for writ of summons to 04.01.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Adv. Sonal Darbar for plaintiff present.
Exh. 2 application submitted by Plaintiff for extension of time to serve summons. - Plaintiff to serve the summons on or before next date, accordingly allowed to amend writ of summons.
None for defendant.
Matter is adjd.to 22-01-2021 for Writ of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adv. Preeti Gada for plaintiff , prayed for time to obtain proper steps.
None for defendant
Matter is adjd.to 12-02-2021 for steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv. Ms. Sonal Darbar for plaintiff , prayed for adjd to obtain proper steps.
None for defendant.
Matter is adjd.to 02.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Sonal Darbar for plaintiff, prayed for adjournment to obtain proper steps.
None for defendant.
Matter is adjd.to 23.04.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 02.07.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 28.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Adv. Sonal for plaintiff present and filed application for converting commercial suit into summary suit t.o.r. marked as Exh.3
Matter is adjd.to 12-08-2021 for hearing on Exh.3 .
Next Purpose: HEARING
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Sonal Darbar for plaintiff present.
None for defendant.
Matter is adjd.to 31-08-2021 for filing reply to Exh. 3.
Next Purpose: REPLY
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Date: 06-09-2021
Business: Advocate Sonal Darbar for Plaintiff present.
F.R.S.R Order passed on Exh.3
- ORDER -
Application Exh.3 is rejected.
Matter is adjd.to 06-10-2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv. Sonal Darbar for plaintiff present and filed application for service of writ of summons on new address of the defendant t.o.r. -Allowed as prayed.
Issue fresh writ of summons to the defendant on address mentioned in the application.
Matter is adjd.to 15-11-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff present and filed affidavit of service with original writ of summons and acknowledgment t.o.r. and marked as Exh.4
Matter is adjd.to 09-12-2021 for ex parte order
Next Purpose: ORDER
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Sonal Darbar for plaintiff present.
On perusal of record, it appears that writ of summons was sent to the defendant through RPAD and it is duly served as per acknowlegement Exh. B annexed with affidavit of service Exh. 4, but the defendant failed to appear. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to 07-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv. Sonal Darbar for plaintiff present.
Adv. Kanchan Kambli for defendant present and filed application undertaking file vakalatnama t.o.r. and marked as Exh.5.
Adv. Sonal Darbar for plaintiff filed list of documents t.o.r. and marked as Exh.6
Matter is adjd.to 21-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: None for plaintiff.
Adv. Mrs. Kanchan S. Kambli for defendant present and submitted that the defendant is sick and she would file vakalatnama for the defendant on the next date of hearing.
Matter is adjd.to 03-02-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: None for plaintiff.
Adv. Kanchan Kambli for defendant present and filed vakalatnama t.o.r. and marked as Exh.7
Matter is adjd.to 24-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv. Sonal darbar for plaintiff present and submitted that one date may be given for filing evidence affidavit.
Adv. Aashish Patil h/f Adv. Kanchan Kambli for defendant present and submitted that mother in law of Adv. Kanchan Kambli expired and therefore she could not attend the Court.
As both sides are seeking adjournment for their own difficulties, short date be given in the matter.
Matter is adjd.to 15-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv. Sonal Darbar for plaintiff alongwith witness Nayan Mepani present and filed evidence affidavit of witness Nayan Mepani t.o.r. and marked as Exh.8
Oath is administered to witness Nayan Mepani . He stated on Oath that evidence affidavit Exh.8 bears his signature and contents therein are correct. He also proved documents filed with list Exh.6 and they are Exhibited as under -
Exh. 9 - Original resolution dtd. 18-06-2019
Exh. 10 - Original Bank certificate dtd. 12-06-2019.
Exh. 11 - Original Bank certificate dtd. 22-12-2020.
Exh. 12 - Demand notice dtd. 31-05-2019.
Exh. 13 - returned packet.
Exh. 14 - Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 29-03-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Priti Gada for plaintiff present.
Heard Ld. Adv. Priti Gada for plaintiff
Exh.15 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 414 /20 is partly decreed.
2. The defendant is directed to pay amount of Rs. 13,71,780/- (Rupees Thirteen Lakhs Seventy-one Thousand Seven Hundred Eighty Only )to the plaintiff with further interest on principal amount of Rs. 12,00,000/- @12 percent p.a. from the date of the suit till the date of realization within three months from the date of decree.
3. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly.
Nature Of Disposal: OTHER
Disposal Date: 29-03-2022