Date: 17-07-2019
Business: None present for plaintiff and defendant.
Suit has been registered as commercial suit. It was referred for pre institution mediation. None start up report dated 12.04.19 has been received from the DLSA, Mumbai informing that parties remain absent before mediation centre and have not consented for mediation.
In view of the above, Matter stands Adj for appearance of parties before this court on 03.08.19 and for formal hearing.
Next Purpose: FOR APPERANCE
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
It is submitted that writ of summons has not been served on defendant. Suit has been registered as commercial suit. It was referred for pre institution mediation. Mediation has failed as per the report received from mediation. Ld. counsel for plaintiff sought extension of time to serve the writ of summons on defendant.
In view of the above, Matter stands Adj for Compliance and report of writ of summons to 21.08.19.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant present.
Matter stands Adj for writ of summons to 26.08.19.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: As court is busy in dictating judgement in NDPS SPL 181/14 and order in suit no. 3833/10 and 2774/14. Hence, board is discharged.
Matter stands Adjd 13/09/2019 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: Adv. Ramesh Jain for plaintiff present and submitted affidavit of service along with envelope and informed the court, as per the affidavit of service the RL. no. 1772 and 1774 have been returned with acknowledgement and RL No. 1773 is returned along with the unclaimed packet vide annexure B, C and D.
In view of the above, it appears that the defendant no. 1 and 3 have been served with writ of summons but they are absent before the court today.
The defendant no. 2 is absent though served with the writ of suit summons but the packet/envelope has come back with remark unclaimed. Therefore, it will have to be treated as deemed service on defendant no. 2.
Statuary period of 30 days from 20.07.19 for filing WS is already over. Hence, suit to proceed Ex parte against the defendant no. 1 to 3.
Matter stands adjn for ex-parte evidence by plaintiff to 14.10.19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Matter stands Adj for Ex-parte evidence to 23.10.19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Adv. Ramesh Jain for plaintiff present and seeks time to file evidence affidavit.
None present for defendant.
Matter stands Adj for Ex-parte Evidence to 15.11.19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Suit ex-parte against defendant. Evidence affidavit not filed by plaintiff.
Matter stands Adj for Ex-parte Evidence to 03.12.19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv. Ramesh Jain for plaintiff present and seeks time to file affidavit of documents. Time granted.
None present for defendant.
Matter stands Adj for filing affidavit of documents to 18.12.2019.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Ramesh Jain for plaintiff present and seeks time to file documents. Time granted as last chance.
None present for defendant.
Matter stands Adj for filing documents to 09.01.2020
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Matter stands Adj for filing affidavit of documents to 22.01.2020.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Suit proceeded Ex-parte against defendant.
Heard Ld. counsel for plaintiff. He submitted that plaintiff has to file evidence affidavit along with documents and statement of truth, as per amended provisions of CPC in commercial suits. He submitted that plaintiff is not present today, he is unable to file evidence affidavit and prayed for short adjournment. Short adjournment grated.
Matter stands Adj for filing evidence affidavit and submitting statement of truth to 28.01.2020.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Called out at 11.25 am
None present for plaintiff and defendant.
Keep Back
Later on at 1.30 pm
Adv. Ramesh Jain for plaintiff present and filed affidavit of evidence, list of documents and Statement of truth.
affidavit of evidence. TOR.
list of documents. TOR. O-Keep it for hearing and exhibiting documents.
Statement of truth. TOR.
plaintiff submitted exparte evidence affidavit and documents on record during the first case management stage (before trial).
Keep Back for arguments.
Later on at 4.40 pm
Heard Ld. counsel for plaintiff on exhibiting the documents with reference to the evidence affidavit of plaintiff of Ex-2. The document at Sr. no. 1 is original Bill of Exchange signed by authorized signatory of defendant no. 1- Ex-A, document at Sr no. 2 is a letter of plaintiff\''s advocate dated 13.02.2018-Ex-B and doc at Sr. no. 3 is the Photocopy of bank statement. Document at sr. no. 1 and 2 being an original and office copy are marked and exhibited as Ex-5 and 6 respectively and photocopy of bank statement is marked as Ex-X for identification.
original Bill of Exchange signed by authorized signatory of defendant no. 1
Letter of plaintiff\''s advocate dated 13.02.2018.
The Photocopy of bank statement.
Heard final arguments of Ld. counsel for plaintiff.
Matter stands Adj for Ex-parte Judgment to 30.01.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
FRSR following order is passed below
ORDER
1. Suit decreed with costs.
2. The defendant no. 1 to 3 shall jointly and severally pay to the plaintiff a sum of Rs. 10,00,000/- as principal loan amount along with accrued interest @ of 12 percent p.a. from 27.12.2017 till actual realization of due amount.
3. The defendants shall pay the decretal sum to the plaintiff within one month from today, failing which the plaintiff shall be entitled to seek recovery of the same with the assistance of the court by taking recourse to the execution proceedings.
Decree shall be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 30-01-2020