Date: 10-07-2019
Business: Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: Adv. G. C. Tule I/b M.H Belosay for plaintiff present.
Adv. for plaintiff filed an affidavit of service. Tor.
Defendant and Adv. for defendant.
Adjd for ex-parte order to 20/08/2019.
Next Purpose: ORDER
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Adv. G. C. Tule I/b M. H. Belosay for plaintiff present.
The affidavit of service of Ms. Aparna clerk of city civil court is filed. The envelope shows that it is unclaimed. The defendant has the knowledge of the suit. Hence suit to proceed ex-parte against defendant.
Adjd for ex-parte evidence to 30/09/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Adv. Mr. G. C. Tule for plaintiff present and seeks time.
This is a commercial suit. The defendant after service of writ of summons has to file written statement within 120 days. The said period completes on 08.10.2019. The defendant till date has not filed written statement hence suit is adjourned to 14/10/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Nobody present.
Adjd for ex-parte evidence to 01/11/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-11-2019
Date: 01-11-2019
Business: Nobody present.
Adjd for ex-parte evidence to 23/11/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv. G. C. Tule for plaintiff present and seeks time.
Adjd for ex-parte evidence to 05/12/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. G.C. h/f M.H. Belose for plff present and seeking time to file evidence.
Adjd. to 16/01/2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: National Lockdown
Next Purpose: HEARING
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 23.11.2020.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 16.01.2021.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. for plaintiff is present.
None for defendant.
Exh.2 - evidence affidavit of PW -1 - Dinesh Mishra
Exh.3 - List of documents.
In view of evidence of PW - 1 , following documents are
marked -
Exh. 4 - Authority letter dtd. 13-11-19.
Exh.5 (colly) - Registration form of patient Mr. Singh Avdhesh Kumar Dhirendra Patient admission slip and certificate u/s 65 B.
Exh.6 - Writing dated 14-07-2019 by defendant no. 1 and 2.
Exh.7 (colly)- Statement of Charge Code dtd. 10-01-2019 @ certificate u/s 65 -B of Indian Evidence Act, 1872.
Exh.8 (colly)- Legal Notice dtd. 08-10-2018 @ returned envelope containing legal notice dtd. 08-01-2018 and postal acknowledgement.
Exh.9 - Particulars of claim.
Exh. 10 - pursis.
Matter is adjd.to 12-03-2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. for Jitendra Belose h/f M. H. Belose plaintiff present.
None for defendant.
Adv. for plaff. Prayed for adjournment.
Matter is adjd.to 26/03/2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv. Mr. Belose for plaintiff, argued partly.
None for defendant.
On perusal of plaint details of surgery, details of charges imposed in view of Exh.7, Cause of death etc. are not provided by the plff. Adv. Mr. Belose for plff. prayed for adjd to seek instruction from the plff. hospital.
Matter is adjd.to 07.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv. Mr. Jitendra Belose for plaintiff, prayed for short adjmnt. Plff (Asst. Manager Dinesh Mishra) present.
None for defendant.
Matter is adjd.to 12.04.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 07.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: Adv. Vijendra Belose for plaintiff present.
None for defendant
Matter is adjd.to 14-06-2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: Adv. M. H. Belosay for plaintiff present and filed additional document along with list t.o.r. marked at Exh. 11
None for defendant
Heard argument of Adv. for plaintiff.
Matter is adjd.to 05-07-2021 for Judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Both parties and their advocates are absent when called out.
F.R.S.R. following order is passed.
- ORDER -
1. Commercial Suit No. 20/2019 is partly decreed.
2. Defendants no.1 and 2 are directed to pay outstanding bill amount of Rs.4,30,078/- (Rupees Four Lakhs Thirty Thousand Seventy-eight Only) to the plaintiff hospital with interest at the rate of 7percent p.a. from the date of filing of the suit till realization, within three months from the date of decree.
3. Plaintiff shall bear his own costs.
4. Decree be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 05-07-2021