Date: 18-09-2019
Business: Adv. Chaube for plaintiff present.
None present for defendant.
Matter stands Adj for affidavit of service to 04.10.19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Adv. Chaube for plaintiff present and seeks time to file affidavit of service.
Adv. Deshmukh for defendant present.
Matter stands Adj for affidavit of service to 07.10.19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: Adv. Chaube for plaintiff present and filed affidavit of service.
None present for defendant.
Affidavit of service.
Matter stands Adj for filing WS to 06.11.19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. Rahul Caube for plaintiff present.
None present for defendant.
Heard Ld. counsel for plaintiff. He submitted that the defendant has been duly served with writ of summons on 12.09.19, as per affidavit of service at Ex-2 by speed post at the address 2601, Shiv Tapi, 26th Floor, Harishchandra Goregaonkar Marg, Gamdevi, Mumbai-400 007 and the acknowledgement Ex-A is filed on record which shows that speed post packet is duly received under the signature and seal Shiv Tapi Co-operative Hsg. Soceity. But, the defendant is absent today. Hence, suit be proceeded ex-parte against the defendant.
I have perused the affidavit of service and find that defendant has been duly served at the given address, but has failed appear before the court. Hence, suit to proceed ex-parte against defendant.
Matter stands Adj for Ex-parte Evidence to 06.12.19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: None present for plaintiff.
Suit has proceeded ex-parte.
Matter stands Adj for Ex-parte evidence of plaintiff to 10.01.2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: None present for plaintiff. Suit had proceeded ex-parte.
Ex-parte evidence affidavit not filed.
Matter stands Adj for filing Ex-parte evidence to 21.01.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Called out at 11.25 am
Plaintiff present in person and filed affidavit of evidence and list of documents along with documents.
Evidence affidavit. TOR.
List of documents. TOR. Keep it for hearing and exhibiting documents.
None present for defendant.
Keep Back
Later on 11.40 am
Adv. Rahul Chaube for plaintiff present.
Heard Ld. counsel for plaintiff on exhibiting the documents filed with Ex-4 with reference to evidence affidavit filed at Wit Ex-3. Doc at Sr. no. 1 is original receipt signed by the defendant. Doc at Sr. no. 2 is office copy of notice given by Ld. counsel for plaintiff to the defendant duly signed by the advocate. Hence, documents are admissible in evidence and the same are marked and exhibited at Ex-5 and 6 respectively.
Original receipt signed by the defendant.
Office copy of notice given by Ld. counsel for plaintiff
Evidence close pursis filed by the Ld. counsel for plaintiff.
Matter stands Adj for Ex-parte arguments to 27.01.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Chaube for plaintiff present.
Heard final arguments by Ld. counsel for plaintiff.
As per roznama dated 21.01.2020, plaintiff had submitted exparte evidence affidavit and documents on record during the first case management stage (before trial).
Hence, now case is closed for Exparte Judgment to 29.01.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: None present for plaintiff.
None present for defendant, as suit proceeded ex-parte.
FRSR following order is passed below
ORDER
1. Suit decreed with costs.
2. The defendant shall pay to the plaintiff a sum of Rs. 5,25,000/- including principal loan amount of Rs. 4,00,000/- plus Rs. 1,25,000/- accrued interest @ of 12 percent p.a. on the due amount.
3. The defendant shall pay the above amount to the plaintiff within one month from today, failing which the plaintiff shall be entitled for pending and future interest over the due amount of Rs. 5,25,000/- @ 12 percent p.a. from the date of filing of the suit till actual realization.
Decree shall be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 29-01-2020