Date: 16-08-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 18/12/2018 for Service.
Next Purpose: REPORT
Next Hearing Date: 18-12-2018
Date: 18-12-2018
Business: Adv. Dubey for Plaintiff present.
Adv. Kumau for Defendant present.
Advocate for plaintiff has filed affidavit of service so also, advocate for plaintiff has filed draft S/J alongwith affidavit. O - leave is granted to register S/J.
Matter is adjd. to 25.01.19 for reply on sj.
Next Purpose: REPLY
Next Hearing Date: 25-01-2019
Date: 25-01-2019
Business: Adv. Vinu Dubey for Plaintiff present.
Adv. Kumavat for Defendant present.
Advocate for plaintiff has filed registered S/J no.27/19 alongwith affidavit, TOR.
Matter is adjd. to 25/02/2019 for Service of S/J upon defendant and S/J reply.
Next Purpose: SERVICE
Next Hearing Date: 25-02-2019
Date: 25-02-2019
Business: As the Court is on leave Board is discharged and the matter stands adjd. to
Next Purpose: SERVICE
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Business: None present
Matter is Adjd for Service of S/J to 29/07/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-07-2019
Date: 29-07-2019
Business: Court is on leave. Adjd to 17/10/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Adv. Dubey for plaintiff present.
Adv. Wasim Khan for deft. Present.
Draft nm @ affidavit filed by deft.
Leave granted to register. Copy be supplied to OS.
Adjd. to 16.12.2019 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv.Vinu Dube for plaintiff present and file service affidavit of SJ.
Adv. Wasim Khan for defendant present.
The vakalatnama was filed on behalf of the defendant on 21/08/2018. It was take on record subject to confirmation. The affidavit of service Exh.5 along with the acknowledgment card shows that the summons was served on the defendant on 03/08/2018. Thus the vakalatnama filed on 21/08/2018 is not withing stipulated period of 10days. There for same cannot be treated as valid appearance. As such the matter to proceed Ex-parte against the defendant be posted for Ex-parte evidence.
Matter is adjd to 14/02/2020 for evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Plaintiff present. Adv. Dubey for plaintiff.
Adv. Wasim khan for defendant filed register NM 667/20 @ affidavit. Copy is served to the plaintiff.
Adv. for plaintiff filed
Exh.6- Evidence affidavit of plaintiff
Exh.7- List of documents.
Adjd for NM reply to 11-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2020
Date: 11-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Dubey for plaintiff
Adv. Wasim khan for defendant
Adv for plaintiff filed reply to NM 667/20. Copy is served to other side.
Adjd for NM hearing to 18-06-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Adv Anil Dubey present for the plaintiff.
Adv R.M. Kumawat present for the defendant.
KB
ORDER
The motion is taken out for condonation of 8 days delay caused in appearing in response to the writ of summons. However, after the defendant tendered his VN on record, the plaintiff took out SJ which was also served upon defendant. Thereafter, it was revealed that VN of defendant was not tendered before the Court within 10 days from the date of service of summons. Hence, the defendant was required to take out this NM for condonation of delay.
The defendant has objected the condonation of delay on various grounds.
I have heard both Ld advocates at length.
The order against defendant was passed on 16.12.2019 and the NM was taken out on 17.12.2019 i.e. immediately after passing exparte order. This shows the deligance of defendant. Ld advocate for defendant submits that the defendant is residing at Amravati and that caused delay in tendering appearance. However, when the email and other modes of speedy communication are available, this reason is not sufficient to get the delay condoned. At the same time, it is to be considered that the deligent defendant must get an opportunity to apply for leave to defend which can be decided on it\''s own merits.
In view of all above discussion, I am inclined the set aside the exparte order passed against defendant subject to payment of cost Rs.5000/- to be paid to plaintiff within 30 days. On payment of the cost amount the VN of defendant which is already placed on record will be accepted. The SJ is already served upon the defendant. Defendant may file reply to the same if any so that the SJ can heard on merits. Matter be listed on 29.11.2021 for filing reply to SJ.
NM No.667/2020 is disposed of accordingly.
The ld advocate for defendant request for permission to pay cost to the Ld advocate for the plaintiff. Ld advocate for the plaintiff has no objection. Hence, by consent request is granted.
Matter is adjd to 29.11.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: None for plaintiff.
Adv. Wasim Khan for the defendant present and filed letter cum pursis on record to show that he has paid of costs of Rs.5000/- to plaintiff as per order dated 30/10/2021. t.o.r.
SJ reply filed by advocate of defendant. t.o.r.
The defendant is directed to served copy of reply to plaintiff.
Matter is adjd. to 06/01/2022 for SJ hearing.
L.O.
Adv. Mr. Anil Dubey for the plaintiff present.
Matter is already adjd. to 06/01/2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv. Sunil Dubey h/f Adv. Mr. M. K. Dubey for the plaintiff present.
None for defendants.
Matter is adjd. to 14/02/2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv. Dubey for Plff present.
Adv. Khan for Deff. present.
KB
Later on
Adv. Dubey for Plff present.
Adv. Khan for Deff. present.
heard
both side.
Matter is Adjd. order on SJ to 21/02/2022.
Next Purpose: ORDER
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: kb
None present.
F R S R following order is passed:
ORDER
1. Summons for Judgment No.27 of 2019 is partly allowed.
2. Leave to defend the suit is granted to the defendant subject to deposit of amount of Rs.15,00,000/-( Rupees Fifteen Lacs only) in the Court within 30 days from the date of this Order.
3. If defendant fails to deposit the amount within stipulated period then the plaintiff shall proceed with the suit as if there is no defence. 4. Summons for Judgment No.27 of 2019 stands disposed of.
Matter is adjd. to 21-03-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: None for plaintiff.
Advocate Mr. Wasim Khan for defendant present.
Exh.8-He filed application for stay of order dated 21.02.2022. TOR
Copy service to other side for hearing of exhibit.
kb
Matter is adjd. for compliance.
Later on 12.15 pm
Advocate Sunil Dubey for plaintiff present.
Matter is adjd. for reply/hearing on Exh.8 to 11-04-2022.
Next Purpose: REPLY
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Advocate Mr. Anil Dubey for plaintiff present.
None for defendant.
The advocate of plaintiff filed reply. TOR
Matter is adjd. for hearing on Exh. 8 to 19-07-2022.
Next Purpose: HEARING
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: court is vacant.
Next Purpose: HEARING
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: As court is vacant
Next Purpose: HEARING
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Matter pertains to C.R.No.15
Adv. Anil Dubey for plaintiff present.
None present for defendant.
Defendant is directed to argue on Exh.08 on next date.
Matter Adjd for hearing on Exh.08 on 31/01/2023.
Next Purpose: HEARING
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: As court is vacant
Next Purpose: HEARING
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Matter pertains to C.R.No.15
Adv. Anil Dubey for plaintiff present.
None present for defendant.
Defendant absent from last several dates. Failed to argue on Exh.08. Hence to proceed without argument of defendant.
Order below Exh.08
Perused application and reply. The Defendant sought to stay the operation of order dt.21.02.2022 for 60 days. Already much time has been lapsed. The defendant had not filed any appeal to the knowledge of plaintiff till date. Hence the application became infructuous. Application is rejected.
As the deft is failed to comply with the order in SJ No.27 of 2019 dt.21.02.2022, the suit to proceed further.
Matter Adjd for hearing on documents/exhibiting documents on 16/06/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: Adv. Anil Dubey present for plaintiff, seeking time. Time is granted.
None for defendant.
Matter stands adjourned R/E on 25-07-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Adv.Veenu Dubey present for plaintiff.
None present for defendant.
Heard.
Matter stands adjourned for exhibiting documents/R/E on 27-09-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: As Court is on leave, matter adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2024
Date: 18-01-2024
Business: Adv.Sunil Dubey present for plaintiff.
None present for defendant.
Heard.
The following documents are exhibited under the list Exh.7.
The Document at Sr.No.1 is the original copy of passbook issued by Union Bank of India TOR marked as Exh.9.
The Document at Sr.No.2 is the copy of confirmation of accounts for 1st April, 2015 to 31st March 2016 TOR marked as Exh.10.
The Document at Sr.No.3 is the original copy of confirmation of accounts for 1st April 2016 to 31 march 2017 TOR marked as Exh.11.
The Document at Sr.No.4. is the copy of letter dated 4-10-2017 TOR marked as Exh.12.
The Document at Sr.No.5 and 6 is the Origignal copy of postal receipt bearing No.RM054089261IN dated 06.10.2017 along with A.D. Card acknowledged TOR marked as Exh.13-Colly.
The Document at Sr.No.7 is the copy of notice dated 07.03.2018 sent through Advocate Ms. Veenu Dubey TOR marked as Exh.14.
The Document at Sr.No.8 is the original copy of postal receipt bearing receipt No.RM128356055IN dated 08.03.2018 TOR marked as Exh.15.
The Document at Sr.No.10 is the original copy of reply dated 01.05.2018 sent by defendant TOR marked as Exh.16.
The Document at Sr.No.12 and 13 is the original copy of postal receipt bearing receipt No. RM018369621IN dated 09-05-2018 along with acknowledged TOR marked as Exh. 17-Colly.
The Document at Sr.No.14 is the original copy of reply dated 2.7.2018 sent by defendant on plaintiff rejoinder TOR marked as Exh.18.
Matter stands adjourned for R/E on 22-03-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: Adv.Sunil Dubey present for plaintiff.
None present for defendant.
He tendered evidence closing pursis TOR marked as Exh.19.
Heard.
Matter stands adjourned for argument on 19-04-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: Adv.Sunil Dubey h/f Anil Dubey present for plaintiff.
None present for defendant.
Heard.
F.R.S.R. following order is passed-
Ex-parte Judgment Exh.20.
ORDER
1.Summary Suit No.649 of 2018, is hereby partly decreed with costs.
2.Plaintiff is entitled to recover an amount of Rs.15,00,000/- alongwith interest at the rate of 9 percent from 07/03/2018, till its full realisation from the defendant.
3.Court fees, if any, be refunded as per rule.
4.Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
Nature Of Disposal: PARTLY DECREED
Disposal Date: 19-04-2024
