Date: 16-08-2018
Business: Adv. Solanki for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed draft Chamber summons alongwith affidavit, TOR.
Order Leave is granted to register the Ch/s.
Matter is adjd. to 14/09/2018 for Ch/s reply.
Next Purpose: REPLY
Next Hearing Date: 14-09-2018
Date: 14-09-2018
Business: Adv.Mr.Solanki for Plaintiff
None for Defendant.
Adv. for plaintiff filed original ch/s no. 1507/18 alongwith affidavit.
Last chance granted.
Matter is adjd. to 01/10/2018 for c/s reply.
Next Purpose: REPLY
Next Hearing Date: 01-10-2018
Date: 01-10-2018
Business: Adv. Solanki for Plaintiff present.
Adv. Nasima for Defendant present.
Advocate for defendant has filed reply to the Ch/s 1507/18.
Matter is adjd. to 15/10/2018 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 15-10-2018
Date: 15-10-2018
Business: Adv. Solanki for Plaintiff present.
Adv. Pooja Singh for Defendant present.
Advocate for plaintiff has filed registered S/J no.220/18 alongwith affidavit, TOR.
Due to paucity of time,
Matter is adjd. to 14/11/2018 for Hearing on Ch/s no.1507/18.
Next Purpose: C/S HEARING
Next Hearing Date: 14-11-2018
Date: 14-11-2018
Business: Adv. Solanki for Plaintiff present.
None for Defendant.
Argument of the plaintiff is heard on Ch/s 1507/2018.
Matter is adjd. to 01/12/2018 for Argument of defendant and order on Chamber Summons.
Next Purpose: ORDER
Next Hearing Date: 01-12-2018
Date: 01-12-2018
Business: Adv. Solanki for Plaintiff present.
Adv. for Defendant absent.
Court busy in dictating the Judgment in Sum. Su. no.7103/06, 3731/09, 4024/12, 1135/13 and 95/14 hence due to paucity of time, Matter is adjd. to 15/12/2018 for Ch/s Order.
Next Purpose: ORDER
Next Hearing Date: 15-12-2018
Date: 15-12-2018
Business: As the Court is on Leave Board is discharged and the matter stands adjd to 16.01.19
Next Purpose: ORDER
Next Hearing Date: 16-01-2019
Date: 16-01-2019
Business: Adv. for Plaintiff absent.
None for Defendant
Court is busy in dictating the Judgment no.4652/11 and adjusting the heavy board, due to paucity of time,
Matter is adjd. to 07/02/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 07-02-2019
Date: 07-02-2019
Business: Adv. for Plaintiff absent.
None for Defendant.
Order below Ch/s no.1507/18
Read the Ch/s and reply filed by the defendant. Heard. It appears that the plaintiff claimed Rs.10,53,424/- in prayer clause and now plaintiff wants to amend the claim to Rs.10,14,958/- So also the plaintiff wants that the word and figure December 2017 be replaced by March 2018. The plaintiff also wants to make the some amendment as mentioned in schedule-A. In the matter ld. Advocate for defendant has not pointed out if the said amendment is allowed to bring on record in the plaint, what prejudice would cause to him It appears that the proposed amendment is just and necessary to bring on record, for the purpose of deciding real dispute in controversy between the parties, effectively. Hence the interest of justice requires to allow the plaintiff to carryout the amendment in the plaint. In the result, the Ch/s no.1507/18 is allowed. Subject to cost of Rs.1000/- payable by the plaintiff to defendant, on or before the next date without failed. After payment of the cost amount the plaintiff is at liberty to incorporate the said amendment in the plaint and thereafter plaintiff shall submit the amended copy of the plaint to the Court, so also to serve the copy upon defendant. Ch/s no.1507/18 is disposed of.
Matter is adjd. to 26/02/019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: As the Court is on leave Board is discharged and the matter stands adjd. to
Next Purpose: COMPLIANCE
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: P.O.is on Training.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. Hitesh Solanki for plaintiff present.
None for deft.
Additional affidavit in support of SJ filed by adv. for plaintiff.
Copy to serve OS.
Adjd .to 09.01.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Adv. Solankhi for plaintiff present filed
Service Affidavit of SJ
The service affidavit @ annexure 1 show that summons for judgment has been served on the defendant\''s advocate on 04.08.2018. The annexure 2 shows that amendments as granted have been carried out in the copy of plaint furnished to the defendant. The annexure 3 shows that re-verification clause, further summons for judgment and affidavit in support of the same have been served on the defendant\''s advocate on 16.02.2019. However, till date the defendant did not file reply to the SJ. Hence, proceed without reply of the defendant to the SJ.
Adv for plaintiff filed
Ex.5- Compilation of documents.
Adjd to 07.03.2020 for filing Claim affidavit.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Adv. Solanki for plaintiff filed
Exh.6 - Claim affidavit
Adjd for Arguments to 10-06-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: P. O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv Mr.Solanki present for the plaintiff.
None present for the defendant.
Arguments heard.
Matter is adjd to 21.10.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: None present for both parties.
As Court is busy in dictating Judgment in other matter.
Matter is adjd to 08.11.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: None present.
KB
Judgement.
FRSR following order is passed-
O R D E R
1. The suit is decreed with costs.
2. Defendant is directed to pay the amount of Rs. 10,14,958/- along with interest on the amount o Rs.10,00,000/- to plaintiff along with interest thereon at the rate of 15.60% p.a. from 01.04.2018 till realisation of the total decreetal amount within 60 days from the date of this order.
3. Court fees be refunded in appropriate proportion and as per the entitlement.
4. Decree be drawn up accordingly.
5. Summary Suit No. 660/2018 and Summons for Judgment No.220 of 2018 are disposed of accordingly.
Nature Of Disposal: DECREED
Disposal Date: 08-11-2021
