Date: 30-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Ramesh Jain for the plff present.
Matter is adjd to 03.05.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 pandamic
Next Purpose: REPORT
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 17.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv. Ramesh Jain for plaintiff present.
Adv. For plaintiff filed affidavit of service. T.O.R.
Exh.2 - Adv. For plaintiff filed application for issuance of fresh writ of summons.
O. - Issue fresh summons by R.P.A.D.
The matter is adjd for affidavit of service to 24.09.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv. Ramesh Jain for plaintiff present. He prayed for extension of time for service of writ of summons to deft. Time as prayed for is granted.
The matter is adjd for filing service affidavit to 27.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Vaishali Chavhan h/f. Adv. Ramesh Jain for plaintiff present. She sought time for filing service affidavit. Time as prayed for is granted.
The matter is adjd for filing service affidavit to 30.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv. Ramesh Jain for plaintiff present.
Suit is filed as per Order 37 of C.P.C. Therefore, summons to deft. be issued as per Order 37 of C.P.C.
The matter is adjd for affidavit of service to 12.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: None present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for filing service affidavit to 24.02.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv. Ramesh Jain for plaintiff present. He sought time for filing service affidavit. Time as prayed for is granted.
The matter is adjd for affidavit of service to 05.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: None present.
The matter is adjd for affidavit of service to 29.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Ramesh Jain for plaintiff present.
Exh.3 - Adv. For plaintiff filed service affidavit. T.O.R.
As per service affidavit (Exh.3), deft. is duly served with writ of summons. But, it failed to tender its appearance. Therefore, suit to proceed without appearance of deft.
The matter is adjd for filing claim affidavit to 20.04.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Adv. Ramesh Jain for plaintiff present. He sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 26.04.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Adv. Ramesh Jain for plaintiff present.
Exh.4 - Claim affidavit. T.O.R.
Exh.5 - List of documents. T.O.R.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 29.04.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Adv. Mr. Ramesh Jain for plaintiff is present.
Exh. 06 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.376 of 2021 is partly decreed with costs.
2. Defendant shall pay an amount of Rs.8,09,188.38/- (Rupees Eight Lacs Nine Thousand One Hundred Eighty Eight and Paise Thirty Eight only) alongwith interest @ 12% p.a. on the principal amount of Rs.5,00,000/- to plaintiff from the date of the suit till it\''s realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
4. Decree thus follow.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 29-04-2022