Mrs. Beena Virendra GuptaVsVishnu Laxman Solse +1 more

Date: 23-07-2018
Business: Adv. Mr. Laxminarayan Shukla for the Plaintiff present.
Adv for the plaintiff seeks extension of time to serve writ of summons. Time is extended as a last chance.
Matter is adjd. to 10.09.2018 for proof of service of writ of summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-08-2018

Date: 27-08-2018
Business: By precipe.
Adv. Mr. Laxminarayan for the Plaintiff present.
Draft Notice of Motion alongwith affidavit in support taken out by the plaintiff. t.o.r. Leave granted to register.
Matter is adjd. to 10.09.2018
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-09-2018

Date: 10-09-2018
Business: Adv. Mr. Laxminarayan Shukla for the Plaintiff present.
None present for the deft.
Original Notice of Motion no.2422/18 alongwith affidavit in support tendered by the plaintiff. t.o.r.
Matter is adjd. to 29.11.2018 for proof of service of writ of summons and N/M.
Next Purpose: SERVICE
Next Hearing Date: 29-11-2018

Date: 29-11-2018
Business: The court is busy in dictating orders in High Court Time Bound Matter No. 7042/05 and dictating Judgment in SU no. 7566/03. Hence board is discharged.
Matter is adjd. to 7.02.2019.
Next Purpose: SERVICE
Next Hearing Date: 07-02-2019

Date: 07-02-2019
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: None present.
Adjourned for service to 20.8.2019
Next Purpose: SERVICE
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Adv. Durvika Bhayani for plaintiff present.
Issue fresh writ of summons to the defendants.
Adjourned for affidavit of service of writ of summons to 14.10.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Adv. Dhruvika Bhayani for plaintiff present.
None present for defendants.
Plaintiff filed original writ of summons.
Adjourned for order to 13.12.2019.
Next Purpose: ORDER
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: None for plaintiff.
On perusal of writ of summons, it appears that writ of summons is served on deft. no.1 and 2 but they failed to appear hence suit to proceed ex-parte against deft. no.1 and 2.
The matter is adjd for N/M hearing to 18.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Adv. Ms. Majethia for plaintiff present.
None for deft.
N/M No.3422/18 is not pressed by plaintiff, hence, N/M No.3422/18 is filed.
The matter is adjd for ex-parte evidence to 01.04.2020 at 11.00 am.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Due to Covid-19, the matter is adjourned to 30.01.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-01-2021

Date: 30-01-2021
Business: None present.
Adjourned for ex-parte evidence.
The matter is adjd for ex-parte evidence to 20.02.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Adv. Puja Patil for plaintiff present.
Plaintiff present.
Exh.1 Plaint.
Exh.2 Vakalatnama.
Exh.3 Memorandum of address.
Exh.4 List of documents.
Exh.5 Affidavit of evidence of PW-1 Beena Virendra Gupta.
Verification of PW-1 completed.
Exh.6 Compilation of documents filed by Adv. for plaintiff.
The matter is adjd for hearing on Exh.6 to 04.03.2021.
Next Purpose: HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv. Bhayani for plaintiff present.
None for deft.
ORDER BELOW EXH.6
Heard.  Document at Sr. nos.1, 5, 7, 8, 11 and 12 are photocopies therefore those documents cannot be marked as exhibits.  Document at Sr. no.10 is a passbook in the name of Virendra Gupta.  There is no evidence as regard the passbook standing in the name of Virendra Gupta, therefore it cannot be marked as exhibit.  Document at Sr. no.2 is original bill, document at Sr. no.3 is acknowledged copy of bill, document at Sr. no.4 is original demand note, document at Sr. no.6 is the original bill issued by corporation, document at Sr. no.9 is original MOU, document at Sr. no.13 and 14 are the acknowledged copy of police complaint.  There is sufficient evidence in respect of these documents, hence these documents are marked as exhibits.
Original copy of electricity bill.
Original acknowledged copy of electricity bill.
Original copy of demand note cum acknowledgement.
Original copy of bill issued by MCGM.
Original copy of MOU.
Original acknowledged copy of written complaint.
Original acknowledged copy of written complaint.
Evidence pursis filed by counsel for plaintiff.
O. - Seen and filed.
Written notes of arguments filed by counsel for plaintiff.
T.O.R.  O. - Read and recorded.
The matter is adjd for judgment to 20.03.2021.
Next Purpose: JUDGMENT
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: By preceipe.
Adv. Deepali Majethia for plaintiff present.
Exh.16 Application for taking the document on record and marking it as exhibit.
O. - Read application.  The plaintiff wish to file the certified copy of registered leave and license agreement along with Index-II.  The matter is for judgment on 20.03.2021.  The production of the document is allowed. The document of Index-II, being a public document, is marked as exhibit.  The  registered leave and license agreement cannot be marked as exhibit unless proved in the evidence.
Exh.17 The document of Index-II.
The matter is already adjd for judgment to 20.03.2021.
Next Purpose: JUDGMENT
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Adv. Dhruvika Bhayani for plaintiff present.
Exh.18 Judgment.
F.R.S.R. following order is passed -
ORDER
1.       Suit is partly decreed with costs.
2.   Defendant no.1 to refund the amount of Rs.7,00,000/- along with interest at the rate of 6 percent per annum from 05.03.2018 till its realization.
3.     Plaintiff to deposit deficit Court fee of Rs.16,400/- within a period of four weeks from today.
4.       The decree would be executable only on the deposit of deficit Court fee.
Nature Of Disposal: DECREED
Disposal Date: 20-03-2021

EXECUTION APPLN/100105/2023
NOTICE OF MOTION/100955/2026

Filing Number: 107313/2018
Filing Date: 04-06-2018
First Hearing Date: 23rd July 2018
Decision Date: 20th March 2021
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE