Date: 15-07-2019
Business: Both parties are absent.
KB
LO
Same appearance.
Adjd.for Service on 18.10.2019.
Next Purpose: REPORT
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: None present.
Adjd. to 17.02.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Manoj Agiwal for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 15.04.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Next Purpose: REPORT
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 04.03.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 05.05.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Due to Covid-19 pandemic none appeared.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: None present.
The matter is adjd for service of writ of summons to deft. to 27.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: By preceipe. O. - Be taken on todays board.
Adv. Manoj Agiwal for plaintiff present.
Adv. For plaintiff tendered service affidavit. T.O.R.
The matter is already adjd for service to 27.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: By preceipe.
O. - Be taken on todays board.
Adv. Manoj Agiwal for plaintiff present.
Exh.2 - Adv. For plaintiff filed application for substituted service.
O. - Summons to deft. cannot be served on the address known to the plaintiff. Considering the service affidavit filed on record, there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service. Therefore, summons to deft. be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house.
The matter is already adjd for affidavit of service to 27.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv. Manoj Agiwal for plaintiff present.
Exh.3 - He tendered service affidavit regarding publication of summons in newspaper. T.O.R.
Exh.4 - Adv. For plaintiff filed service affidavit regarding affixing writ of summons on the conspicuous part of the City Civil Court.
As per service affidavit (Exh.3 and 4), deft. deemed to be served with writ of summons. But, he failed to tender his appearance before the Court. Therefore, suit to proceed ex-parte against deft.
The matter is adjd for ex-parte evidence to 27.10.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Manoj Agiwal for plaintiff present. He sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 17.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv. Manoj Agiwal for plaintiff present.
Exh.5 - Adv. For plaintiff filed claim affidavit of PW-1 Ashok Vaman Sadwelkar.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.6 - List of documents. T.O.R.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 25.11.2021.
Next Purpose: JUDGMENT
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Manoj Agiwal for plaintiff present.
Exh.7 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is decreed with costs.
2. Defendant shall pay an amount of Rs.58,22,078/- (Rs. Fifty Eight lacs, Twenty Two Thousand, and Seventy Eight only) alongwith future interest @ 18 percent p.a. on the principal amount of Rs.25,02,500/- from the date of the suit till it\''s realization to plaintiffs 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: DECREED
Disposal Date: 25-11-2021
