Date: 06-08-2019
Business: P.O. is on leave
Adjd to14/10/19
Next Purpose: REPORT
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Adv. Leena Sapra for deft. present.
Matter is adjd. to 13.12.2019 for report.
Next Purpose: REPORT
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Matter is called out at 12.43pm
Adv.Abhishek Nikharge for plaintiff present filed affidavit of service.(Exh-5) T.O.R.
As per affidavit of service defendant is serve with suit summons on 25/07/2019.
It appears from the roznama that Adv.Lina Sapra appeared on behalf of defendant.
It appears that defendant failds to appears within 10 days of the service of summons. hence, matter to proceed ex-parte.
Matter is adj to 26/02/2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Court is busy recording of evidence in Suit No.3833/09 and argument P.H in Suit No.9473/93.
Adv.Chaitali Jadhav for plaintiff present.
Adv.Leena Sapra for defendant present.
Matter is adj to 08/06/2020 for ex-part evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Business: Due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Business: Due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: Due to Covid-19 none present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Adjd to 17.04.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: Declared as holiday.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for exparte evidence to 07/09/2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. Abhishek Nikharge I/b Adv. Mehul Shah For plaintiff present.
Adjd for exparte evidence to 14/12/2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Adv. Chaitali Jadhav For plaintiff present and sought adjournment.
Adjd for exparte evidence to 25/02/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Dt.25/02/2022
Sum 602/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. Abhishek Nikharge I/b Adv. Mehul Shah for plaintiff present.
Court is busy in hearing of argument in suit no.6791/97. Hence matter is adjd for Ex-parte evidence to 09-06-2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Adv. Abhishekh Nikharge for plaintiff along with witness Prafulla Prakash Shah present and filed evidence affidavit of witness Prafulla Prakash Shah t.o.r. and marked as Exh. 8
He also filed list of documents t.o.r. and marked as Exh.9
Oath is administered to witness Prafulla Prakash Shah. She stated on Oath that evidence affidavit Exh.8 bears her signature and contents therein are correct. She also proved documents filed with list Exh.9 and they are Exhibited as under -
Exh. 10 - Death Certificate of late Prakash Shah.
Exh. 11 - Original promissory note signed by the defendant
Exh. 12 - Bank statement
Exh. 13 - Bank statement of the plaintiff\''s bank account.
Exh. 14 - Xerox copy of cheque no. 80 issued by the defendant.
Exh. 15 - Original undated cheque no. 81 issued by the defendant.
Exh. 16 - Copy of demand letter addressed to the defendant by the plaintiff.
Exh. 17 - Postal acknowledgement.
Exh. 18 - Particulars of claim.
Exh. 19 - Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 20-06-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 19-07-2022 for argument
Next Purpose: ARGUMENTS
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Reuben Baker h/f Adv. Mehul Shah for plaintiff present.
Heard Adv. Reuben Baker for plaintiff.
Matter is adjd.to 29-07-2022 for ex parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Reuben Baker h/f Mehul Shah for plaintiff present.
None for defendant.
Exh.20 Judgment.
F.R.S.R. Following order passed in Summary Suit No.602 of 2019.
- ORDER -
1.Summary Suit No. 602/2019 is partly decreed.
2.The defendant is directed to pay amount of Rs.25,09,445.21 (Rupees Twenty-five Lakhs Nine Thousand Four Hundred Forty-five and Paise Twenty-one Only) to the plaintiff within three months from the date of decree.
3. The defendant is further directed to pay interest @ 12% p.a. on the principal amount of Rs.17,50,000/- to the plaintiff from the date of filing of the suit till its realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 29-07-2022
