Date: 30-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 26.06.2021.
Next Purpose: REPORT
Next Hearing Date: 26-06-2021
Date: 26-06-2021
Business: In view of Office Order No.117/2021 dated 24.06.2021, as holiday declared on 26.06.2021, the board is discharged and the matter is adjd to
Next Purpose: REPORT
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Court is Vacant.
Next Purpose: REPORT
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: None present.
Matter is adjd for Report to 01.02.2022.
Next Purpose: REPORT
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: None present.
Matter is adjd for report on 15-02-2022
Next Purpose: REPORT
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv Ramesh Jain for plaintiff present.
None for defendant.
Matter is adjd for report on 04-04-2022
Next Purpose: REPORT
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: P.O. is on Training
Next Purpose: REPORT
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: None for Plaintiff.
Affidavit of Service is not filed. Plaintiff directed to take appropriate steps to serve the Defendant, otherwise suit would be dismissed in default.
Matter adjourned to 18/07/2022 for Report.
Next Purpose: REPORT
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Mr. Ramesh Jain for Plaintiff present.
Plaint – Exhibit-1
Vakalatnama – Exhibit-2
Memorandum of Address – Exhibit-3
List of Documents – Exhibit-4
Adv. for Plaintiff filed Affidavit of Service. Service is complete on 23/11/2021. However, Defendant has not caused appearance. Hence, suit to proceed Ex-parte.
Matter adjourned to 11/10/2022 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Adv.Ramesh Jain for plaintiff present. He filed affidavit of evidence Exh-6 alongwith list of documents Exh-7.
Original copy of Promissory Note dated 02/07/2016. (Exh-8)
Office copy of the plaintiff\''s advocates letters dated 24/06/2019. (Exh-9)
Matter is adj to 20/12/2022 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: As Court is busy in dictating judgment in SUM No.1205/15, hence matter on board at Sr. No.2 to 11 is discharged. Matter is adj to 13/01/2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 18-02-2023
Date: 13-01-2023
Date: 18-02-2023
Business: Adv.Ramesh Jain for plaintiff present.
None for defendant (Ex-parte).
During the court of argument, it is found that plaintiff has not placed on record the proof regarding service of demand notice dated 24/06/2019. Ld.Adv. for plaintiff submits that though the said proof of service is not placed on record, however summons is duly served on defendant. Defendant has not denied the claim by causing appearance. By virtue of sub rule (3) of Rule 2 of order XXXVII of CPC, plaintiff, owing to non appearance of defendant is entitled for decree.
Though the Ld.Adv. for plaintiff is right with respect to presumption carved out under sub rule (3) of Rule 2 of order XXXVII of CPC, still this court is of the opinion that the demand must be proved by the plaintiff so as to show entitlement for decree.
Ld.Adv. for plaintiff seeks time to file additional claim affidavit. Time granted.
Matter is adj to 27/02/2023 for additional affidavit/argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
Matter is adj to 20.03.2023 for Ex-parte argument P/H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Ramesh Jain for plaintiff present. He filed original courier receipt the returned envelope of Demand Notice. T.O.R marked as Exh-10.
Heard Ld.Adv. for plaintiff.
F.R.S.R following order is passed
ORDER
1) Summary Suit No. 243 of 2021 is hereby partly decreed with cost.
2) Defendant to pay an amount of Rs.2,00,000/- (Rupees Two Lakhs Only) to the plaintiff along with interest at the rate of 09% per annum from the date of filing of the suit i.e. 29/06/2019, till realization of entire amount.
3) Plaintiff is entitled for refund of court fees as per rules.
4) Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 20-03-2023