Date: 07-08-2018
Business: Adv. Pankaj Bhatt for Plaintiff present.
None for Defendant.
Advocate for plaintiff seeks time for extension of writ of summons.
Order Time is extended.
Matter is adjd. to 03/12/2018 for Service.
Next Purpose: REPORT
Next Hearing Date: 03-12-2018
Date: 03-12-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 15/02/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: Adv. Jani for Plaintiff present.
None for Defendant.
Matter is adjd. to 11/03/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Adv. Jani for Plaintiff present.
None for Defendant.
Matter is adjd. to 09/04/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 09-04-2019
Date: 09-04-2019
Business: Adv for plaintiff Mr.Patil present
Matter is Adjd for Affidavit of Service to 31/08/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-08-2019
Date: 31-08-2019
Business: Plaintiff is present.
Adv. P.M.Bhatt for plaintiff is present.
None present for defendant.
Adjd. to 26.11.2019 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Plff present.
None present for deft.
Adj. For Affidavit of service on 16/01/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Plaintiff present. Her advocate absent.
None for defendant.
Time is extended to service.
Adjd for Affidavit of service to 07.04.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: P.O. is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: As per office order 64/2021
Adjd to 07-09-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Plaintiff’s power of attorney Pravina Ruparel is present. She sought time for filing service affidavit- time as prayed for is granted.
The matter is adjd. for service affidavit to 05.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Pankaj Bhatt for plaintiff present.
Exh.2 - Adv. For plaintiff filed service affidavit. T.O.R.
As per service affidavit (Exh.2), deft. is duly served with writ of summons but he failed to tender his appearance within stipulated period. Therefore, suit to proceed without appearance of deft.
The matter is adjd for ex-parte evidence to 10.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: P.O. is on leave. Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Power of attorney holder of plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 07.01.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: CA of Plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 16.02.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: None present.
The matter is adjd for ex-parte evidence to 08.03.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Plaintiff\''s representative Mr. Vimal Thakkar present. He sought adjournment for filing evidence. Adjournment as prayed for is granted.
The matter is adjd for ex-parte evidence to 23.03.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Plaintiff\''s power of attorney holder is present. She submits that settlement talks between the parties are going on and she prayed for longer date. Adjournment as prayed for is granted.
The matter is adjd for ex-parte evidence to 26.04.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Power of attorney holder of plaintiff present. She submits that settlement talks between the parties are going on and she prayed for longer date. Adjournment as prayed for is granted.
The matter is adjd for ex-parte evidence to 27.06.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Vimal Thakkar, representative of plaintiff present.
Exh.3 - Representative of plaintiff filed application for adjournment.
O. - Adjournment is granted as a last chance.
As per submissions made on behalf of plaintiff, parties are intending to settle their dispute. Therefore, matter be placed before ensuing Lok-Adalat.
Issue notice to both parties.
The matter is adjd for Lok-Adalat to 13.08.2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: NATIONAL LOK-ADALAT HELD ON 13/08/2022 (Panel-12)
Matter pertains to C.R.No.14
None present for plaintiff.
None present for defendant.
Matter Adjd to 22/09/2022 in regular court.
Adv. Sachin Kamble-Panel Member
Adv. Jating Jamkhandi-Panel Member
H.H.J. Shri S. M. Tapkire-Panel Head
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: The Court is Vacant.
Hence, matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: The Court is Vacant.
Hence, The matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: The court is vacant. Hence, matter is ajd.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: The court is vacant. Hence, matter is adjd. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: As court is vacant.Hence, matter is adjd to.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Matter received from C.R No. 14.
None present for parties.
O – The plaintiff is directed to file his evidence on the next date as already Ex-Parte order is passed against the Defendant.
Matter is adj for Ex-Parte evidence to 22/08/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: None present.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.1A
Memorandum of address of the plff at Exh.1B
List of documents at Exh.1C.
Matter is adj for ex-parte evidence to 04/10/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Court is on leave. Hence adj.to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: None present.
O-Matter is pending for ex-parte evidence since long. None present for the plaintiff from the last two dates hence, put up the matter for dismissal order.
Matter is adj. for dismissal order to 16/12/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 16-12-2023
Date: 16-12-2023
Business: Adv. Jani for plaintiff is present and requested to KB the matter for filing evidence affidavit.
KB.
Later on at 12.25 p.m.
Same appearance for plaintiff.
Witness PW-1 is present.
Exh.4-Application for removal of matter from dismissal category. O- For the reason stated in the application, application allowed and matter is hereby removed from dismissal category.
Matter is adj. for Ex-parte evidence to 19/01/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: Authorized person on behalf of the plaintiff is present and filed adjournment application. t.o.r. Exh.5, O-Seen.
In the interest of justice the application stands allowed and matter is adjourned for Ex-parte evidence.
Matter stands Adj for Ex-parte evidence on 02.03.2024
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Plaintiff present.
Adv J. Majumdar for plaintiff present.
KB
LO at 11.53 am
Adv J. Majumdar for plaintiff present.
PW 01 Pravina Naranji Ruparel, CA of plaintiff present.
The plaintiff has filed affidavit of examination-in-chief of PW 01. t.o.r. marked as Exh. 06. O- R and R.
The plaintiff has also filed list of documents. t.o.r. marked as Exh. 07. O- Seen.
She has also filed an application for leading secondary evidence. t.o.r. marked as Exh. 08. O- Seen.
Heard. It is submitted that the copy of closed envelope returned unclaimed has been misplaced and therefore the plaintiff wants to lead secondary evidence as regards copy of notice and postal receipt. Considering the submissions the application stands allowed.
Oath administered to the witness.
She admits the contents of affidavit of examination-in-chief as true and correct. It bears her signature.
Heard the Ld. Adv for plaintiff on marking of documents.
Document at Sr. no. 1 is an Original Power of Attorney dated 28/11/2017 marked as Exh. 09.
Document at Sr. no. 2 is an Original receipt dated 29/04/2016 marked as Exh. 10.
Document at Sr. no. 3 is an Original Promissory Note dated 13/06/2017 marked as Exh. 11.
Document at Sr. no. 4 is an office copy of Debit note dated 27/09/2016 marked as Exh. 12.
Document at Sr. no. 5 is Xerox copy of Advocate\''s letter dated 23/01/2008 and postal receipt marked as Exh. 13.
Matter stands Adj for Arguments on 16/03/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: Plaintiff is present.
Adv. D. J. Jani for plaintiff is present.
KB.. Later on 12.15 p.m.
Plaintiff is present.
Adv. D. J. Jani for plaintiff is present.
Heard final arguments of ld. Adv of plaintiff.
Matter stands Adj for Ex-parte Judgment to 19/03/2024.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: Plaintiff in person present.
Adv D. J. Jani for plaintiff present.
Exh 14 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No. 676 of 2021 is partly decreed with Costs.
2. Defendant does pay the amount of Rs. 04,05,000/- with further interest @ 9 percent per annum from the date its due till its full realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No. 676 of 2021 disposed of accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 19-03-2024
