Date: 18-10-2019
Business: Fresh matter assigned to this Court.
Adv. Bhuta for plaintiff present.
On the request of Ld. Counsel for plaintiff time is extended for service of writ of summons on defendant.
Matter adjd for service affidavit on 25/11/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. Tahira Memon Present for the Plff.
Ld Counsel for plff seeks time to file Affidavi of service. Time extended till next date.
Matter adjd for 16/12/2019 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. Harsh Patel for plaintiff present.
Adv. Mahadik for defendant present and also she filed VP for deft no. 1 to 3. t.o.r. Marked as Exh.02
On the oral request of the Ld counsel for the plff matter is adjourned for filing service affidavit.
Matter adjd for filing service affidavit on 09/01/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv. Rahila Memon for plaintiff present.
None Present for the Deft.
Adv. for plff filed affidavit of service of deft no.2 alongwith original writ of summons t.o.r. O-seen.
Deft no. 1 to 3\\\''s Advocate has already filed VP on 16/12/2019.
On the request of Ld. Counsel for plaintiff matter is adjourned for filing service affidavit of Deft 1 and 3.
Later on at 1.17pm.
The Ld Adv appearing for plff has submitted that writ of summons are not served to deft no. 3, therefore plff wants to serve writ of summons to deft no. 3.
Matter adjd for service affidavit of deft no.1 and 3 on 22/01/2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Ansul Bhuta for plaintiff present.
None present for defendants.
Defendant no. 1 to 3 appeared through advocate on 16.12.2019. Till today they did not file written statement. Hence suit to proceed without written statement against defendant no. 1 to 3. Order regarding without written statement is also passed below Exh.1 today.
Matter adjd for evidence of plaintiff to 05.02.2020 at 11.00 am.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv. Bhuta for plaintiff present.
None for defendant.
KB. L.O. at 12.23 pm.
PW-1 is absent.
Ex.04 Ld adv for plaintiff filed affidavit of service to deft no.1 t.o.r. O- Seen
Ex.05 Ld Adv for plaintiff filed evidence affidavit t.o.r. O- R and R.
Ex.06 Ld adv for plaintiff filed documents t.o.r. O- Seen and other side to say.
Matter adjd for say on plaintiff documents and verification of evidence affidavit to 18-03-2020 at 11.00 am.
Next Purpose: REPLY
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Advocate for plaintiff is absent.
Advocate for defendant is present.
Adjourned for say on plff docs and verification of evidence affidavit to 7.4.2020.
Next Purpose: REPLY
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Both parties and their Advocates are absent when called out.
Adjourned for hearing on Exh.6 List of documents on 11.12.2020.
Next Purpose: REPLY
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on Exh. 06 to 27.01.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 08-03-2021 for R/E (Plaintiff).
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: None for plaintiff and defendant.
In view of order dtd. 22.01.2020, suit is proceeded ex-parte. Continuous absence of plff. reviles his disinterest. Hence, posted for dismissal.
Matter is adjd.to 22.03.2021 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv. Ms. Memon for plaintiff present.
None for defendant.
In view of order in roznama and below Exh.1, dtd. 22.01.2020, suit is proceeded no W.S. Plff has submitted evidence affidavit vide Exh.5 and list of documents vide Exh.6. However, it appears that it was submitted but witness was not present before the court.
Plff to call PW-1 before the court to verify affidavit and exhibit the documents.
Matter is adjd.to 01.04.2021 for R/E (No W.S.).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: None for plaintiff and defendant.
Plff is failed to call PW-1 to verify affidavit and Exhibit the documents.
Matter is adjd.to 17.06.2021 for R/E (No W.S.).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Adv. Aditya Pawar for plaintiff present.
Matter is adjd.to 04-10-2021 for (ex-parte) R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Aditya Pawar for plaintiff present.
Matter is adjd.to 09-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv. Aditya Pawar for plaintiff along with witness Kumar A. Khemlani present
Oath is administered to witness Kumar A. Khemlani. He stated on Oath that evidence affidavit Exh.5 bears his signature and contents therein are correct. He also proved documents filed with list Exh.6 and they are Exhibited as under -
Exh. 7 – Copy of Passbook of Uco Bank, Chaupati branch (Compared with original passbook and found to be correct. Original passbook returned immediately to the witness after perusal.)
Exh. 8 - Original bill of exchange dtd. 21-05-2012.
Exh. 9 - Office copy of the notice dtd. 01-01-2019 with postal receipts and re-acknowledgment.
Exh. 10 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 03-12-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: None for plaintiff.
None for defendant
Matter is adjd.to 20-12-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Rahila Memon i/v Bhuta & Associates for plaintiff present.
Heard Adv. Rahila Memon for plaintiff.
Matter is adjd.to 23-12-2021 for ex parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: None for plaintiff.
Exh.11 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 111/2019 is partly decreed.
2. The defendants are directed to pay amount of Rs. 6,05,410/- (Rupees Six Lakhs Five Thousand Four Hundred Ten Only )to the plaintiff with further interest at the rate of 12% p.a. from 01/02/2019 till the date of realization within three months from the date of decree.
3. Defendants no. 1 to 3 are jointly and severally liable for payment of decretal amount to the plaintiff.
4. The defendants shall bear the costs of the suit.
5. Court fees shall be refunded to the plaintiff as per rules.
6. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 23-12-2021