Date: 22-01-2021
Business: Adv. Depen Furia for plaintiff present. None for defendant.
Today matter is for report.
He seeks time to serve writ of summons to defendant. Time granted till next date.
The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for report to 06-03-2021.
Next Purpose: REPORT
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: By Praecipe
Adv Gurav for plaintiff present.
Adv Miloni Gala for defendant present.
Ex.02 Ld adv for defendant filed praecipe t.o.r. O- Allowed to take case on todays board from 06-03-2021.
Ld Adv for defendant states that writ of summons are served on 15-02-2021.
Ld Adv for plaintiff submits that defendant is entering appearance within time.
Ex.03 Ld Adv for defendant filed V/N t.o.r. O-Seen and filed.
Matter already adjd for service affidavit on 06-03-2021.
Next Purpose: REPORT
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv. Neena Shah for plaintiff present.
Adv. Miloni Gala for defendant present.
Ex.04 Ld adv for plaintiff filed service affidavit along with Bailiff Report t.o.r. O- Seen.
Matter adjd for steps for SJ by plaintiff to 03-05-2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv. Romen Sanghoai for plaintiff present.
Adv. Rupa Prajapati for defendant present.
Ld adv for plaintiff tendered draft Summons for Judgement along with affidavit t.o.r. O- Leave granted.
Copy supply to the defendant advocate today in the court.
Matter adjd for SJ reply to 20-09-2021.
Next Purpose: REPLY
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: By Praecipe
Adv Ms. Rupa Prajapati for defendant present.
Ld adv for defendant filed application for matter taken on today\''s board t.o.r. O- Allowed.
Ld adv for defendant filed SJ reply t.o.r.O- R and R.
Matter already adjd for tendering original registered SJ along with affidavit and SJ hearing to 20-09-2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Sambhoai for plaintiff present.
Adv. Miloni Gala for defendant present.
KB L.O. at 3.30 pm
Ld adv for plaintiff tendered original registered SJ 88 of 2021 t.o.r.
Matter adjd for SJ reply to 18-11-2021.
Next Purpose: REPLY
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. Rohit Sangoi for plaintiff present.
Adv. Gala for defendant present.
Adv. For plff filed rejoinder to SJ. O-seen.
Matter Adjd for SJ Hearing on 13/01/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: P. O. is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-03-2022
Date: 13-01-2022
Business: P. O. is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv. Dipen Furia a/w Romin Sangoi I/b M/s. Shah and Furia Asso. for plaintiff present.
Adv. Miloni Gala for defendant present.
Kb.
Later on at 3.40 pm.
Heard both side on SJ No.88 of 2021. Matter be kept for order.
Matter Adjd for SJ Order on 22/03/2022.
Next Purpose: ORDER
Next Hearing Date: 22-03-2022
Date: 04-03-2022
Business: Adv. Dipen Furia a/w Romin Sangoi I/b M/s. Shah and Furia Asso. for plaintiff present.
Adv. Miloni Gala for defendant present.
Kb.
Later on at 3.40 pm.
Heard both side on SJ No.88 of 2021. Matter be kept for order.
Matter Adjd for SJ Order on 22/03/2022.
Next Purpose: ORDER
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Adv. Romin Sangoi for plaintiff present.
Adv. Jayesh Gawand defendant present.
F.R.S.R. following order in Summons for Judgment No.88 of 2021 in Summary Suit no.433 of 2020 is passed-
ORDER
1. Conditional leave is granted to defendant to defend the suit subject to depositing the amount of Rs.5,00,000/- to be paid to the plaintiff within 2 months of this order.
2. On payment of amount, the defendant will be at liberty to file his written statement within one month after depositing the amount.
3. The Summons for Judgement No.88 of 2021 is disposed off.
4. Parties to bear their owns costs.
Matter Adjd for compliance on 16/06/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Adv. Sangoi for plaintiff present.
Adv. Nikita Ghungarde for defendant present.
Ld. Adv. for defendant sought time for compliance. Time granted.
Matter Adjd for compliance on 06/08/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: None present for plaintiff.
Adv. Jayesh Gawand for defendant present.
Ld. Adv. for defendant submitted that, they are in the process of filing appeal and hence time be granted.
Matter Adjd for compliance on 28/09/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Furia for plaintiff present.
Adv. Jayesh Gawand for defendant present.
Ld. Adv. for defendant submitted that, they are still in the process of filing appeal. Time granted as a last chance.
Matter Adjd for compliance on 28/11/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Adv. Sangoi I/b M/s Shah and Furia Associates for pltff
Adv. Palak Joshi for deft.
Advocate for deft sought time.
It seems that still appeal has not been filed and hence further time will be not be granted.
Matter is adjd for Order on 16.01.2023
Next Purpose: ORDER
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: Adv. Romin Sangoi I/b M. S. Shah and Furia Asso. for plaintiff present.
Adv. Palak Joshi I/b Vimla and Co. for defendant present.
Plaintiff is present.
KB for order.
Later on..
Ld. Adv. for defendant submitted that, they are yet in the process of filing appeal. It seems that deft failed to comply the order dt.22.03.2022 and hence matter to proceed further.
Matter Adjd for ex-parte evidence on 22/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Adv. Dipen Furia I/b M/s. Shah and Furia Asso. for plaintiff present.
Adv. Palak Joshi for defendant present.
PW1 is present.
Exh.05 - Claim affidavit. O-read and recorded.
Exh.06 - List of documents. O-be filed.
Copy of Exh.05 and 06 served to Adv for defendant today in court.
Matter Adjd for exhibiting the documents on 17/04/2023.
Next Purpose: FOR___________________
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Adv.Dipen Furia I/b M/s. Shah and Furia Asso. for plaintiff present.
None present for defendant.
Order on Admissibility of documents
Exhibit No.
Serial No.
Description of document
07
01
Bank passbook
08
02
Promissory note dt.03.04.2014
09
03
Promissory note dt.23.04.2015
10
04 to 07
Confirmation of account
11
08
OC of notice
12
09
Postal receipt
13
10
AD Card
14
11
OC of notice
15
12
Postal receipt
16
13
AD Card
17
14
Postal tracking report
Exh.18 - Evidence closing pursis. O-seen.
Matter Adjd for ex-parte argument on 28/06/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: P. O. is on training.
Hence, matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: P.O. is on leave. Hence, matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Plaintiff absent when called.
Adv. Dipen Furia i/b M/s. Shah and Furia Asso. for plaintiff is present.
Heard argument of advocate for the plaintiff.
Matter Adjd for ex-parte judgment to 30.08.2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 30-08-2023
Date: 30-08-2023
Business: P. O. is on leave.
Hence, matter is adjourned.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: Adv. Shubham Mishra i/b M/s. Shah and Furia Asso. for plaintiff is present.
Matter Adjd for ex-parte judgment to 15.09.2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Adv. Shubham Mishra i/b M/s. Shah and Furia Asso. for plaintiff is present.
None for defendant.
Exh.19 -Judgment.
F. R. S. R. following order passed.
ORDER
1. The Summary Suit No. 433 of 2020 is partly decreed with costs.
2. The defendants do pay the sum of Rs.30,39,166/- (Rupees Thirty Lakhs Thirty Nine Thousand and One Hundered Sixty Six Only) to the plaintiff.
3. Defendants do pay rate of interest at the rate of 9 percent p.a. on
the principal amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) from the date of filing of the suit till its realisation.
4. Decree be drawn up accordingly.
5. Court fees be refunded as per rule.
6. Judgement dictated and pronounced in open court.
7. R and P be sent to Record Department.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 15-09-2023
