Date: 07-08-2019
Business: None present for plaintiff and defendants.
The Pre-institution mediation has failed as per non starter report dated 18.02.19.
In absence of counsel for plaintiff, Matter stands Adj for directions to 09.09.19.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Adv. Ramesh Jain for plaintiff present.
Heard ld. counsel for the plff. He submitted that writ of summons to the defendants was taken in the matter and he will be submitting affidavit of service by next date. Hence time granted.
Matter stands Adj for affidavit of service to 23/09/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: Adv. Ramesh Jain for plaintiff present and filed affidavit of service along with two envelopes Vide Ex-B, D and original summons Ex-A and Postal Acknowledgement Ex-C informing that in respect of RL no. 1813 there has been acknowledgement and the envelope Ex-B and D has been returned along with endorsement not claimed in respect of RL no. 1812 and 1814.
Matter stands Adj for further orders to 04.10.19.
Next Purpose: ORDER
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Plaintiff through Adv. Ramesh Jain present.
Defendant no. 1 to 3 and counsels are absent, though served with writ of suit summons as per affidavit of service filed on record. Hence, suit to proceed Ex-parte against defendant no. 1 to 3.
Matter stands Adj for filing of documents to 17.10.19.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Suit has proceeded exparte against defendant no. 3.
Documents not filed.
Matter stands Adj for filing of documents, if any, as a last chance to 05.11.19.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: None present for plaintiff and defendant.
Suit has proceeded exparte against defendant no. 1 to 3. Documents not filed inspite of giving opportunity to the plaintiff.
Matter stands Adj for filing of documents, if any, as a last chance to 16.11.19.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: Adv. Ramesh Jain for plaintiff present and seeks time to file affidavit of documents.
None present for defendant.
Matter stands Adj for filing affidavit of documents to 25.11.2019.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. Ramesh Jain for plaintiff present and seeks time to file documents. Time granted.
None present for defendant.
Matter stands Adj for filing documents to 13.12.19.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Court is on leave
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for filing affidavit of documents to 23.01.2020.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Called out at 11.30 am
None present for plaintiff and defendant.
Keep Back
Later on at 4.55 pm.
Plaintiff present.
Adv. Ramesh Jain for plaintiff present and filed affidavit of evidence and list of documents along with documents. He also filed statement of truth.
Evidence affidavit. TOR.
List of documents along with documents. O-Keep it for hearing on exhibiting documents.
Statement of truth. TOR.
Matter stands Adj for hearing on documents and for final arguments to 28.01.2020.
Next Purpose: HEARING
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Called out at 11.20 am
None present for both sides.
Keep Back
Later on at 4.30 pm
Adv. Ramesh Jain for plaintiff present.
As per roznama dated 23.01.2020, plaintiff had submitted exparte evidence affidavit along with documents and statement of truth on record during the first case management stage (before trial).
None present for defendant.
Heard Ld. counsel for plaintiff on exhibiting the documents with reference to the evidence affidavit of plaintiff of Ex-2. The document at Sr. no. 1 is authenticated photocopy of Bank statement- Ex-P, document at Sr no. 2 is the copy of TDS certificate for F. Y. 2015-16(A. Y. 2016/17) as on 31.03.2016-Ex-P1 and doc at Sr. no. 3 is the office copy of letter of plaintiff\''s advocate dated 22.11.2018. Document at sr. no. 1 is an authenticated photocopy and 3 is office copy bearing signature of advocate for plaintiff. Therefore, the same are marked and exhibited at Ex-5 and 6 an d document at sr. no. 2 being the photocopy of TDS certificate is marked as Ex-X for identification.
Authenticated photocopy of Bank statement
office copy of letter of plaintiff\''s advocate dated 22.11.2018
copy of TDS certificate for F. Y. 2015-16(A. Y. 2016/17) as on 31.03.2016.
Heard final arguments of Ld. counsel for plaintiff.
Matter stands Adj for Ex-parte Judgment to 30.01.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Bharat Jain for plaintiff present.
None present for defendant.
FRSR following order is passed below
ORDER
1. Suit decreed with costs.
2. The defendant no. 1 to 3 shall jointly and severally pay to the plaintiff a sum of Rs. 53,79,506.84 ps, including principal sum and accrued interest on the due amount.
3. The defendants shall pay the above amount to the plaintiff within one month from today, failing which the plaintiff shall be entitled to recover the decretal sum along with pending and future interest @ 12 percent p.a. from the date of filing of the suit till actual realization by taking assistance from the court.
Decree shall be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 30-01-2020