Date: 13-08-2019
Business: P.O. is on training.
Matter adjd for
Next Purpose: REPORT
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. Girish Joshi for plaintiff present, he prayed for extension for time. O-granted.
Matter adj for Report to 25.11.2019.
Next Purpose: REPORT
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. Girish Joshi for plaintiff present.
Adv. Poojari for defendant no.2 and 3 present.
Ld/Ad for plff to takes steps against deft. 1 and 4.
Matter adj for Steps to 04/03/2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Girish Joshi for plff. Present.
Adv. For deft. Absent.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. For the plff. Filed original writ of summons. Exh-5 Order- Seen and filed.
Adv. For the plff. Filed affidavit of service. Exh-6. Order- Seen and filed.
Matter is adjd to 08.04.2020 for ex-parte order.
Next Purpose: ORDER
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Next Purpose: ORDER
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Next Purpose: ORDER
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: Due to Covid-19 Lockdown
Next Purpose: ORDER
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: ORDER
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Business: Due to Covid-19 Lockdown
Next Purpose: ORDER
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Business: Due to Covid-19 Pendamic.
Next Purpose: ORDER
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Both the parties and his advocate are absent.
Matter is adjd to 06.03.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Plaintiff absent.
Defendant No. 2 and 3 and their advocate are absent.
Adv. Girish Joshi for the plff. Present.
Ex-parte order passed below Exh-1
Order - Defendants No. 1 and 4 duely served with suit summons. But, failed to appear. Hence, suit to proceed ex-parte against the defendants no. 1 and 4.
Matter is adjd to 15.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 26/07/2021 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: In view of office order No.106/21 dated 14.06.2021 only urgent matters are taken for hearing. Hence, board is discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: None present.
The matter is adjd for steps to 20.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Plaintiff present. He sought time for taking steps. Time as prayed for is granted.
The matter is adjd for taking steps to 07.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: P.O. is on leave. Hence, Matter Adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Joshi for plaintiff present. He sought time for applying S/J. Time as prayed for is granted.
The matter is adjd for applying S/J to 12.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv. Girish Joshi for plaintiff present. Plaintiff present.
Adv. For plaintiff tendered draft S/J. Leave to register and serve S/J is granted.
The matter is adjd for service of S/J and reply to 24.11.2021.
Next Purpose: SERVICE
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv. Girish Joshi for plaintiff present.
None for deft.
Adv. For plaintiff tendered registered S/J No.166/21. T.O.R.
The matter is adjd for filing affidavit of service of S/J to 07.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv. Pratik Patwardhan for plaintiff present.
Exh.7 - Adv. For plaintiff filed service affidavit. T.O.R.
S/J is served to deft. no.2 but it is not served to deft. no.3. Plaintiff is directed to take steps for service of S/J to deft. no.3.
The matter is adjd for service of S/J to deft. no.3 to 24.01.2022.
Next Purpose: SERVICE
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Adv. Pratik Patwardhan for plaintiff present.
Exh.8 - Affidavit of service filed by Adv. For plaintiff. T.O.R.
As per service affidavit (Exh.7), deft. no.3 is served with S/J and deft. no.2 is not served with S/J. However, in roznama dated 07.01.2022, it is incorrectly recorded as deft. no.3 is not served with S/J and deft. no.2 is served with S/J. Roznama dated 07.01.2022 is corrected.
Deft. no.3 is served with S/J and therefore, plaintiff is directed to take steps for service of S/J to deft. no.2.
The matter is adjd for service of S/J to deft. no.2 to 28.02.2022.
Next Purpose: SERVICE
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Girish Joshi for plaintiff present. He sought time for taking steps. Time as prayed for is granted.
The matter is adjd for taking steps to 05.04.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv. Girish Joshi for plaintiff present. He sought time for taking steps for service of S/J to deft. no.2. Time as prayed for is granted.
The matter is adjd for steps to 11.04.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv. Girish Joshi for plaintiff present. He sought time for taking steps. Time as prayed for is granted.
The matter is adjd for taking steps to 22.04.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Adv. Pratik Patwardhan for plaintiff present.
Adv. For plaintiff sought leave of the Court for service of S/J to deft. no.2.
O. - Deft. no.2 has appeared through advocate. S/J is not served upon deft. no.2. Therefore, plaintiff is permitted to serve S/J No.166/2021 upon deft. no.2.
The matter is adjd for service of S/J to 14.06.2022.
Next Purpose: SERVICE
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Adv. Pratik Patwardhan for plaintiff present. He sought time for service of summons for judgment to deft. no.2. Time as prayed for is granted.
The matter is adjd for filing service affidavit to 04.07.2022.
Next Purpose: SERVICE
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: None for plaintiff.
Adv. S.C. Poojary for deft. nos.2 and 3 present.
Exh.9 - Adv. For deft. nos.2 and 3 tendered application seeking discharge to his client.
ORDER BELOW EXH.9
Ld. counsel for deft. nos.2 and 3 submits that he has issued notice to deft. nos.2 and 3 informing that he is going to withdraw vakalatnama. Advocate for deft. nos.2 and 3 is seeking discharge to his client. Application is supported by copy of the notice and acknowledgements. Therefore, advocate S.C. Poojary is discharged to his client.
K.B.
L.O. at 03.30 pm.
Adv. Pratik Patwardhan for plaintiff present.
Exh.10 - Adv. For plaintiff tendered service affidavit regarding service of S/J to advocate for deft. nos.2 and 3. T.O.R.
As per service affidavit (Exh.10), deft. nos.2 and 3 are duly served with summons for judgment through their advocate. However, they failed to apply for leave to defend the suit. Therefore, S/J to proceed without reply of deft. nos.2 and 3.
Ld. counsel for plaintiff submits that plaintiff would file claim affidavit and original documents so that suit can be disposed of finally. Therefore, the matter is adjourned for filing claim affidavit.
The matter is adjd for filing claim affidavit to 25.07.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Deepashri R. for plaintiff present. Plaintiff present. Adv. For plaintiff sought time for filing claim affidavit and original documents. Time as prayed for is granted.
The matter is adjd for filing claim affidavit and original documents to 02.08.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Pratik Patwardhan for plaintiff present.
Plaintiff present.
Exh.11 - Claim affidavit. T.O.R.
Exh.12 - List of documents. T.O.R.
The matter is adjd for arguments to 10.08.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Girish Joshi for plaintiff present.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 18.08.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Girish Joshi for plaintiffs present.
Exh.13 - Adv. For plaintiff filed application for taking on record translation of FD receipts. T.O.R.
K.B.
L.O.
Exh.14 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial suit No. 386 of 2021 is partly decreed with costs.
2. Defendants shall pay an amount of Rs.4,07,225/- (Rupees Four Lacs Seven Thousand Two Hundred and Twenty Five only)alongwith interest @ 12percent p.a. on the principal amount of Rs.3,25,000/- to plaintiffs 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: 18-08-2022