Date: 14-11-2019
Business: Adv. Ramesh Jain for plaintiff present.
Adjd. for service to 02.12.2019
Next Purpose: SERVICE
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. Ramesh Jain for plff present.
None for deft.
Exh.1- Plaint.
Exh.2- V/p.
Exh.3- Memorandum of address.
Exh.4- List of articles.
Exh. 5 -Affidavit of service.
Adjd to 21.01.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: None present.
Adjd to 16.04.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: None present
Adjd to None present
Adjd to 03-03-2021
Next Purpose: SERVICE
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: None present
The affidavit of service Exh.5 @ bailiff report shows that summons has been served on the defendant . However, the defendant failed to appear. Hence, suit to proceed Ex-parte against the defendant
Adjd for Ex-parte evidence to 14-06-2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: None for plaintiff.
Matter is adjd.to 06-09-2021 for (ex-parte) R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Advocate Ramesh Jain for Plaintiff present.
None for Defendant.
Matter is adjd.to 27-09-2021 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: None for plaintiff.
Matter is adjd.to 29-10-2021 for ex parte evidence.
LO
Adv. Ramesh Jain for plaintiff present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: None for plaintiff.
The plaintiff is directed to lead evidence on or before the next
Matter is adjd.to 29-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Ramesh Jain for plaintiff alongwith witness Priya Rohit Dhuri present and filed evidence affidavit of witness Priya Rohit Dhuri t.o.r. and marked as Exh.6
He also filed list of documents t.o.r. and marked as Exh.7
Oath is administered to witness Priya Dhuri . She stated on Oath that evidence affidavit Exh.6 bears her signature and contents therein are correct. She also proved documents filed with Exh.7 and they are Exhibited as under -
Exh. 8 - cheque dtd. 21-03-2018
Exh. 9 - Dishonour Memo dtd. 27-03-2018.
Exh. 10 – Plaintiff’s advocate letter dtd. 15-05-2018 with postal record.
Exh. 11 – Copy of Money Lending license (Compared with original and found to be correct. Original document is returned immediately after perusal. )
Exh. 12 – Form Under Bombay Money Lending Act (Compared with original and found to be correct. Original document is returned immediately after perusal. )
Exh. 13 colly -Books of account – two pages (Compared with original and found to be correct. Original document is returned immediately after perusal. )
Exh. 14 – Copy of Power of attorney (Compared with original and found to be correct. Original document is returned immediately after perusal. )
Exh. 15 - Evidence close pursis filed by the plaintiff – seen.
Heard Ld. Adv. Ramesh Jain for plaintiff.
Matter is adjd.to 04-12-2021 for ex parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: None for plaintiff.
Exh.16 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.831/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs. 5,15,780.82/- (Rupees Five Lakhs Fifteen Thousand Seven Hundred Eighty and Paise Eighty Two Only )to the plaintiff within three months from the date of decree.
3.The defendant is further directed to pay interest @ 18 p.a. on the principal amount of Rs. 5,00,000/- from the date of the suit till realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 04-12-2021