Date: 15-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
Next Purpose: REPORT
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv. Ramesh Jain for plaintiff present.
Exh.2- Adv. For plaintiff tendered service affidavit. T.O.R.
Perused the proceeding sheet and plaint.
2. Suit was initially registered as a Summary Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute.
3. Section 12 of the Commercial Courts Act, 2015 makes a provision for determination of specified value. As per section 12 (1)(a) of the Commercial Courts Act, 2015, where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in a suit or application inclusive of interest, if any, computed upto the date of filing of the suit or application, as the case may be, shall be taken into account for determining such specified value.
4. Plaintiff is seeking recovery of the amount of Rs.2,99,000/-. She has also valued the suit for said amount. Thus, as per section 12(1)(a) of the Commercial Courts Act, 2015, specified value of the present suit would be Rs.2,99,000/-. Present suit does not qualify as a Commercial dispute considering the valuation of the claim made by the plaintiff. Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
Matter is adjd for compliance of above order to 06.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
In view of Ex.02 defendant is served but failed to appear. Hence, suit is proceed to exparte against defendant.
Matter adjd for exparte evidence to 30-10-2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: None present.
Matter adjd for ex-parte evidence on 10/12/2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Matter Adjd for ex-parte evidence on 02/02/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Exh.03 - Claim Affidavit. O-Read and recorded.
Exh.04 - List of documents. O- be filed.
Heard Ld. Adv. For plaintiff on admissibility of documents.
Order on Admissibility of documents
Exh.05 - Promissory note dt.02/07/2016.
Exh.06 - Legal Notice dt.24/06/2019
Article A - Photocopy of Money lending licence.
Article B - Photocopy of form No.8.
Article C - Photocopy of books of account.
Exh. 07 - Evidence closing pursis. O-seen.
Matter Adjd for ex-parte argument on 30/04/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: P. O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Heard final argument of plaintiff.
Matter Adjd for ex-parte judgment on 21/09/2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
F.R.S.R. following order in Summary Suit No.717 of 2021 is passed-
ORDER
1. The Summary Suit No.717 of 2021 is decreed with costs.
2. Defendant shall pay amount of Rs.2,99,000.00/- (Rupees Two Lacs Ninety Nine Thousand Only) to the plaintiff along with interest at the rate of 9 percent per annum on the principal amount of Rs.2,00,000/-(Rupees Two Lacs Only) from the date of filing suit till its actual realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 21-09-2022