Date: 05-01-2021
Business: Plaintiff and Adv. for plff absent.
Perused the suit. Issue summons to the defendant under Rule 2 of ORDER XXXVII of the CPC on payment of necessary process fee.
Adjd for return of summons on 05.03.2021.
Next Purpose: REPORT
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Clerk of the Advocate of plaintiff has filed an application T.O.R marked at Exh.2.
O- Perused the application. In view of the same the draft CH/S TOR. Leave granted to register
KB
LO at 4.20 p.m.
Clerk of the advocate tendered original registered CH/S No. 483/21. TOR.
Order below CH/S No. 483/21
Perused the chamber summons which is supported by an affidavit of plaintiff Gopal Talreja. Considering the reasons mentioned in Para No.4, this chamber summons is allowed in terms of prayer clause of (a) and (b). Issue fresh writ of summons to the defendants on payment of necessary process fee r/o 27.04.2021.
Matter adjd for writ of summons to 27.04.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 09.08.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Kavita Lalwani for the plff present.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. For the plff filed affidavit of service. t.o.r. marked as Exh-5
Order- seen and filed.
Matter is adjd to 07.09.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: NOB TOB By precipes
Adv. for the plff filed application for matter taken on todays board.
Order- allowed.
Adv. Kavita Lalwani for the plff present.
Adv. For the plff filed application for issue fresh writ of summons. t.o.r.
Order- issue fresh summons as prayed.
Matter is already adjd to 07.09.2021.
Next Purpose: ORDER
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Court is vacant
Next Purpose: ORDER
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Court is vacant
Next Purpose: ORDER
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv Kavita Lalwani for plaintiff present.
None for defendant.
Adv for plaintiff has tendered application . TOR and marked as Exh.7.
O- Read the application and heard adv for plaintiff. It transpires that defendant no 1 to 3 are duely served, but not appeared. Hence suit to proceed ex-parte against defendant no. 1 to 3. Defendant no. 4 not served. Adv for plaintiff do not wait to proceed. Hence permission granted to withdraw the suit against defendant no.4. Accordingly application is allowed. Suit to proceed ex-parte against defendant no. 1 to 3 and stands withdrawn against defendant no. 4.
Adv for plaintiff has filed affidavit of claim. TOR and marked as Exh.8
Adv for plaintiff has filed list of document. TOR and marked as Exh. 9.
Document at serial no. 1 is Demand bill of exchange dated 23.11.2017 and it is marked as Exh.9/1
Document at serial no. 2 is Copy of plaintiff\''s advocate letter dated 13.08.2019 and it is marked as Exh.9/2
Document at serial no. 3 is Copy of plaintiff\''s advocate letter dated 04.12.2019 and it is marked as Exh.9/3.
Adv for plaintiff has filed TOR and marked as
Adv for plaintiff filed additional list of documents Exh.10.
Serial no.1 is marked as Exh. 10/1
Serial no.2 is marked as Exh. 10/2.
Matter is adjd to 04.12.2021 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: None present.
Matter is adjd to 08.12.2021 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: None present.
Matter is adjd to 13.12.2021 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Adv Kavita Lalwani for plaintiff present.
Ex-parte against defendants.
FRSR following order is passed
ORDER
1. The defendant nos.1 to 3 shall pay Rs.1,28,494/- (Rs. One Lakh Twenty Eight Thousand Four Hundred Ninety Four Only) to the plaintiff jointly and severally, with interest at the rate of 18 per cent per annum on the principal sum of Rs. 99,996/- from the date of filing of the suit till its realization.
2. The defendant nos. 1 to 3 do pay costs of the suit to the plaintiff.
3. Suit is withdrawn and disposed of against the defendant no.4.
4. Court fee, if any, be refunded as per the rules.
5. Decree be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 13-12-2021
