Date: 18-04-2018
Business: None for pltff.
None for deft.
Adjd for service on 18.07.18.
Later on at 2.55 pm.
Adv. Melcom H/f Adv. Jayesh Vyas for pltff present and tendered registered NM 1529/18 with supporting affidavit. TOR.
LC for plaintiff submitted that the plaint, notice of motion and supporting affidavit are already served on the defendants. He requested for time to file affidavit of service.
Plaintiff is also directed to serve the WOS on the defendants simultaneously by speed POST/A.D. and filed proof of service.
Now adjd for affidavit of service no 29.06.18.
Next Purpose: SERVICE
Next Hearing Date: 29-06-2018
Date: 29-06-2018
Business: Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 17-07-2018
Date: 17-07-2018
Business: Adv. Mr. Sandeep Dhanagar for the Plaintiff present.
None present for the deft.
Affidavit of service of writ of summons tendered the plff. t.o.r.
Matter is adjd. to 30.08.2018.
Next Purpose: SERVICE
Next Hearing Date: 30-08-2018
Date: 30-08-2018
Business: Adv. Upadhyay for the Plaintiff present.
Defendant No.1 and 2 refused to accept the service of WOS issued by speed POST. Thus, it is deemed due service and defendant No.1 and 2 failed to appear. Hence, ex-parte order is passed against defendant No.1 and 2.
Matter is adjd. to 21.09.18 for NM hearing/evidence of the plaintiff(Ex-parte).
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2018
Date: 21-09-2018
Business: The court is busy in hearing arguments in Ch/s, preciep matters and dictating orders. Hence board is discharged.
Matter is adjd. to 19.12.2018
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2018
Date: 19-12-2018
Business: Adv. Ms. Kinjal Upadhyay for the Plaintiff present.
None present for the deft.
Heard. Perused documents. Prima facie, it appears that alleged loan agreement, there is Arbitration clause. Further it appears that the said friendly loan agreement nowhere discloses any mode for recovery of loan amount by way of default clause except clause no. 7. Therefore, prima facie the plff has not made out case in their favour grant interim reliefs, as prayed by way of this notice of motion. Hence, notice of motion no. 1529/18 is to be dismissed. With this I proceed to pass the following order.
Order
1. Notice of Motion no. 1529/18 is hereby dismissed with costs.
2. Accordingly Notice of Motion No. 1529/18 stands disposed of.
Matter is adjd. to 20.02.2019 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-02-2019
Date: 20-02-2019
Business: Resumed.
The P.O. is busy in hearing final arguments in Suit no. 9650/1990. For want of time the board is discharged.
Adjd for Ex-parte evidence to 01.04.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Resumed.
Adv. Sandip Dhangar I/b Adv. J. R. Vyas for plaintiff seeks time to file affidavit of evidence of plaintiff. Time is granted as last chance.
Adjd for evidence of plaintiff to 10.07.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Business: Adv. Sandeep Dhangar for plaintiff present.
Ld. counsel for the plaintiff seeks adjournment on the count that plaintiff is unwell.
Adjourned for evidence to 4.9.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Business: Adv. Dhangar for plaintiff and seeks time for adducing evidence.
Matter adjn. for Ex-parte Evidence to 13.11.19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv. Kinjal Upadhyay for plaintiffs present.
Affidavit of examination in chief of PW-1 Mohammd Sajid Mohammed.
Compilation of documents filed by the plaintiffs.
The Ld. counsel for the plaintiffs seeks time for hearing on admissibility of the documents.
Adjourned for hearing on admissibility of the documents to 23.11.2019.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv. Kinjal Upadhyay for plaintiff present.
Heard argument of Ld. Advocate for the plaintiff on admissibility of the documents.
The document at sr. no. 1 is original friendly loan agreement and it is marked as exhibit accordingly. The document at sr. no. 2 is office copy of the notice along with original postal receipt. It is marked as exhibit accordingly. The document at sr. nos. 3 and 4 are sealed packet of envelopes. They are separately marked as exhibit. The envelopes are opened and the letter is taken out from each envelope.
Original friendly loan agreement executed between Mr. Ibrahim Ahmed Choughule (deceased) and the plaintiffs.
Office copy of the letter addressed by advocate of the plaintiffs to the defendants along with postal receipts.
Original unserved envelope packet.
Original unserved envelope packet.
Letter in the envelope (Exh. 7)
Letter in the envelope (Exh. 8)
Adjourned for further evidence of the plaintiff to 23.1.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Adv. Kinjal Upadhyay for plaintiff present.
None for deft.
Exh.9 Evidence closing pursis filed by Adv. for plaintiff.
O. - Seen and filed.
The matter is adjd for arguments to 02.03.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv. Sandip Dhangar for plaintiff present.
Ld. counsel for plaintiff seeks time for arguments. Granted.
The matter is adjd for arguments to 17.03.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present.
The matter is adjd for arguments to 30.03.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 07.12.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None present.
The matter is adjd for arguments to 21.12.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None present.
The matter is adjd for arguments to 27.01.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: None present.
Adjourned as a last chance.
The matter is adjd for arguments to 10.02.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Kinjal Upadhyay for plaintiff present.
None for deft.
Partly heard Adv. for plaintiff. She seeks time for further arguments. Granted.
The matter is adjd for further arguments to 18.02.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv. Dhangar for plaintiff present.
Ld. counsel for plaintiff seeks time for arguments. Granted as a last chance.
The matter is adjd for arguments to 22.02.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv. Kinjal Upadhyay for plaintiff present.
None for deft.
List of documents tendered by counsel for plaintiff.
O. - Seen and filed.
Heard Adv. for plaintiff.
The matter is adjd for judgment to 25.02.2021.
Next Purpose: JUDGMENT
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: None present.
Exh.11 Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is dismissed.
2. Plaintiffs to bear their own costs.
Nature Of Disposal: DISMISSED
Disposal Date: 25-02-2021
