Date: 08-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: REPORT
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Adv. Mr. Rajiv for plaintiff present.
Adjd for affidavit of service to 01/03/2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv. Rajiv Singh for plaintiff present.
None for defendant.
Ex.02 Ld Adv for plaintiff filed affidavit of service t.o.r. O- Seen.
He states that he will filed acknowledgement regarding service of writ of summons.
Matter adjd for filing acknowledgement regarding service of writ of summons to 04-05-2021.
L.O. at 1.28 pm
Adv Dev Gupta for defendant present.
Ld Adv for defendant submits that he is filing V/N within 10 days from the date of service of writ of summons. Perused affidavit of service (EX.02). It is mentioned therein that defendant no.1 to 3 are served with copy of plaint and affidavit in support through registered post. Perused postal receipted annexed with the affidavit of service. There are three postal receipts. The said postal receipts shows date 18-02-2021. The perused track reports. The reports show that consignment no. EM227050567IN and EM227050448IN are delivered on 19-02-2021 and consignment no. EM227049056IN is delivered on 20-02-2021.
Perused Order 37 Rule 3 Sub Rule 1 of CPC. The defendant may as per the said provision at any time within 10 days of service enter and appearance either in person or by leader and, in either case, he shall file in court and address for service of notices on him.
Hence, appearance of defendant no.1 to 3 is within 10 days from the date of service of writ of summon. Hence, V/N can be t.o.r.
Ex.03 Ld Adv for defendant no.1 to 3 filed V/N. t.o.r. O-Seen and filed.
Ex.04 Ld adv for defendant no. 1 to 3 filed leave to defend t.o.r.
O- Other side to say.
Ld adv for defendant no.1 to 3 submit that he will serve copy of leave to defend to the plaintiff.
Matter adjd for filing service affidavit of leave to defend to 04-05-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation. As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded. As per Clause No. 4 of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: None present.
Matter adjd for affidavit of service to 12-10-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: P.O. is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Adv. Pirani for plaintiff present.
None present for defendant.
Draft Summons for Judgment alongwith affidavit in support tendered by plff.
Order- Leave is granted to register the SJ.
Matter Adjd for tendering original registered SJ on 05/02/2022 at 02.45 pm.
Next Purpose: FOR___________________
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv. Vaibhav Kamble for plaintiff present.
Defendant is present.
Adv. for plaintiff tendered original registered SJ No.14 of 22. TOR.
Matter Adjd for SJ Hearing on 13/06/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv. Anjali Mishra for plaintiff present.
None present for defendant.
Later on at 04.10 pm.
Adv. Mayur Tharwani for defendant present.
Matter Adjd for SJ Hearing on 03/08/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Plaintiff is present.
Adv. Vishwakarma for defendant No.1 to 3 present.
Ld. Adv. for deft no.1 to 3 sought time.
Matter Adjd for SJ Hearing on 23/09/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: dv. Rajeev Singh a/w Puranik for plaintiff present.
None present for defendant.
Time sought by advocate for plaintiff.
Matter Adjd for SJ Hearing on 21/11/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Rajiv Singh for plaintiff present.
None present for defendant.
Kb for SJ Hearing.
Later on at 03.14 pm.
Heard learned advocate for plaintiff on SJ.
Defendant failed to argue on SJ. Hence matter be fixed for SJ Order.
Matter Adjd for SJ order on 07/12/2022.
Next Purpose: ORDER
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: None present for plaintiff.
Adv. Moses for defendant present.
F.R.S.R. following order in Summons for Judgment No.14 of 2022 in Summary Suit no.285 of 2020 is passed-
ORDER
1. Conditional leave is granted to defendants to defend the suit.
2. The defendant shall deposit an amount of Rs.3,00,000/- to be paid to the plaintiff within 2 months from date of this order.
3. The defendants after payment of the amount of Rs.3,00,000/- will be at liberty to file written statement on record.
4. The Summons for Judgment No.14 of 2022 is disposed off accordingly.
5. Parties to bear their own costs.
Matter Adjd for compliance on 10/02/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: None present.
Matter Adjd for compliance on 11/04/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv. Puranik for plaintiff present.
None present for defendant.
Kb....
Later on at 03.34 pm.
Defendant absent and failed to comply the order in SJ No.14 of 2022 dt.07.12.2022. Hence matter to proceed further.
Matter Adjd for ex-parte evidence on 05/07/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: P.O. is on Leave. Hence, matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Both parties are absent when called.
Adv. Puranik for plaintiff is present and requested sought adjournment to lead the ex-parte evidence. Granted as a last chance.
Matter Adjd for ex-parte evidence to 20.10.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-12-2023
Date: 16-12-2023
Business: P.O. is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: Matter pertains to C. R. No. 83.
Adv Rajiv Singh for plaintiff present.
PW 01 Sanjay Maruti Thombre present.
The plaintiff has filed affidavit of evidence. t.o.r. marked as Exh. 05. O- R and R.
He also filed list of documents. t.o.r. marked as Exh. 06.
O- Seen.
Oath administered to the witness.
He admits the contents of affidavit of evidence as true and correct. It bears his signature.
Heard the Ld. Adv for plaintiff on marking of documents.
Document at Sr. no. 1 is an original Electricity Bill vide Consumer no. 020013084077 standing in the name of defendant no. 1 marked as Exh. 07.
Document at Sr. no. 2 is certificed true copy of letter dated 11/11/2019 of UCO Bank, Kharghar, Navi Mumbai, marked as Exh. 08.
Document at Sr. no. 3 is certificed true copy of letter dated 20/10/2020 of Kalyan Dombivali Mahanagarpalika, Kalyan, marked as Exh. 09.
Document at Sr. no. 5 is an original office copy of the police complaint dated 15/07/2019 marked as Exh. 10.
Document at Sr. no. 6 is certificed true copy of the F. I. R. No. 363 of 2019 dated 11/09/2019 marked as Exh. 11.
Document at Sr. no. 7 is an original office copy of the police complaint dated 31/12/2019 marked as Exh. 12.
Document at Sr. no. 8 is an office copy of notice dated 10/02/2020 marked as Exh. 13.
Document at Sr. no. 9 is an original three postal receipts marked as Exh. 14.
Document at Sr. no. 10 is two original acknowledgment card marked as Exh. 15.
Document at Sr. no. 11 is an original three postal track reports marked as Exh. 16.
Matter stands Adj for Hearing on 14/03/2024.
Next Purpose: HEARING
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: P.O. is on Training
Next Purpose: HEARING
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 12-08-2024
Date: 12-08-2024
Business: Adv. Rajiv Singh for plaintiff present.
None for defendant- Ex-parte.
Heard final argument of Adv. Singh.
Matter is adjourned to 26.08.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: Adv. Rajeev Singh for plaintiff present.
F. R.S.R. following order is passed.
ORDER
1.The Summary Suit No.285 of 2020 is decreed with costs.
2.The defendants are directed to pay an amount of Rs.3,11,000/- (Rs. Three Lakh Eleven Thousand only) to the plaintiff with interest at the rate of 9 percent p.a from the date of the filing of the suit till its realization.
3.The decree be drawn up accordingly.
4.R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 26-08-2024
