Date: 30-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: REPORT
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Adv. Jyoti Malde for plaintiff present.
Adv. For plaintiff tendered affidavit of service. T.O.R.
Summons not served to defendants.
The matter is adjd for steps to 18.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Adv. Jyoti Malde 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 adjd for affidavit of service to 16.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Exh.3 - By preceipe. O. - Be taken on today\''s board.
Adv. Jyoti Malde for plaintiff present.
Exh.4 - Adv. For plaintiff filed application for issuance of summons as per Order 37 Rule 2 of C.P.C.
O. - Suit is instituted as per Order 37 Rule 2 of C.P.C. Therefore, issue writ of summons through paper publication as per order dated 18.09.2021 in accordance with Order 37 of C.P.C.
The matter is already adjd to 16.10.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: In view of Office Order no.213/2021 dated 12.10.2021, holiday is declared on 16.10.2021, hence, the matter is adjd to 27.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: By preceipe. O. - Be taken on today\''s board.
Adv. Jyoti Malde for plaintiff present.
Exh.5 - Adv. For plaintiff filed application for extension of time for registering writ of summons.
O. - Extension of time as prayed for is granted.
The matter is already adjd to 27.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Adv. Jyoti Malde for plaintiff present. She sought time for filing service affidavit. Time as prayed for is granted.
The matter is adjd for affidavit of service to 21.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Jyoti Malde for plaintiff present.
Exh.6 - Adv. for plaintiff filed affidavit of service. T.O.R.
As per service affidavit (Exh.6), deft. is deemed to be served with writ of summons. But, he failed to tender his appearance. Therefore, suit to proceed without appearance of deft.
The matter is adjd for filing claim affidavit to 20.01.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Adv. Jyoti Malde for plaintiff present. She sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 24.02.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv. Jyoti Malde for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 05.03.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv. Jyoti Malde for plaintiff present.
Exh.7 - Claim affidavit filed by Adv. For plaintiff. T.O.R.
Exh.8 - List of documents. T.O.R.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 10.03.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Adv. Jyoti Malde for plaintiff present.
Exh.9 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is decreed with costs.
2. Defendant shall pay an amount of Rs.3,09,373/- (Rupees Three Lacs Nine Thousand Three Hundred and Seventy Three only) alongwith interest @ 18 percent p.a. on principal amount of Rs. 2,45,532/- to plaintiff from the date of filing of the suit till its 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: DECREED
Disposal Date: 10-03-2022
