Date: 14-09-2018
Business: Adv. for Plaintiff present.
Adv.Mr. Shetty for Defendant
Adv for plaintiff has filed original writ of summons.
Matter is adjd. to 01/11/2018 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-11-2018
Date: 01-11-2018
Business: Adv. Dubey for Plaintiff present.
Adv. Shafi Shaikh for Defendant present and filed vakalatnama, TOR
Advocate for plaintiff has filed draft S/J alongwith affidavit, Tor.
Order Leave is granted to register the S/J.
Matter is adjd. to 06/12/2018 for S/J reply.
Next Purpose: REPLY
Next Hearing Date: 06-12-2018
Date: 06-12-2018
Business: Adv. A. R. Dubey for Plaintiff present.
None for Defendant.
Matter is adjd. to 17/01/2019 for Reply.
Next Purpose: REPLY
Next Hearing Date: 17-01-2019
Date: 17-01-2019
Business: Adv. Dubey for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed application for proceeding further without written statement.
It appears that plaintiff has not served S/J upon defendant hence case is adjourn for S/J service and reply on 04/03/2019.
Next Purpose: SERVICE
Next Hearing Date: 04-03-2019
Date: 04-03-2019
Business: Adv. Dubey for Plaintiff present.
Adv. Shaikh for Defendant present.
Advocate for plaintiff has filed original Summons for Judgment no.54/19 alongwith affidavit, TOR.
On the oral request of the advocate for defendant that he has received the copy of S/J today hence,
Matter is adjd. to 04/04/2019 for S/J reply.
Next Purpose: REPLY
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Business: Adv for plaintiff Mr.Dubey present
Adv for deft Ms.Shafi present
Matter is Adjd for S/J 54/19 Hearing to 06/08/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: P.O. is on training.
Adjd to 3/10/19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Adv. A.R. Dubey for plaintiff present.
Adv. Sanbhogi Mane for deft. Present.
Adjd. for filing original document to 10.12.2019.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Adv. A. R. Dube present for the plff.
None present for the deft.
Matter is adjourn on the request of plff.
Adj. For service on 04/02/2020.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. A.R.Dubey for plaintiff
Defendant present. Adv. Mane for defendant
Adv for plaintiff filed
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Affidavit of service
The summons for judgment @ bailiff/Sheriff report shows that summons for judgment was served on the defendant on 02-03-2019. However, till date the defendant failed to file reply. Hence, the matter to proceed without reply of the defendant to the Summons for Judgment.
The plaintiff has also filed
Exh.6- Evidence affidavit
Exh.7- List of documents @ documents original documents. The affidavit of service Exh.5 shows that even the copy of evidence has been served on the defendant. In any case this is summary suit and the defendant failed to file reply/leave to defend. Hence, proceed without reply of the defendant. Evidence be accepted on record.
The plaintiff advocate submitted that he is closing the evidence on behalf of the plaintiff
Adjd for argument to 24-03-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: PO is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: None present for both parties.
Matter is adjd to 17-12-2021 SJ hearing
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: As the Court is busy in hearing argument in SU No.4471/09, and dictating judgment in SU No.6432/04. Therefore, board is discharged.
Matter is adjd. to 07/02/2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: Because of sad demise of Lata Mangeshkar, sudden declaration of public holiday on 07-02-2022.
Matter is adjd. to 28-02-2022 for SJ Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: None present.
Matter is adjd for Necessary order on SJ to 25-04-2022.
Next Purpose: ORDER
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Advocate Mr. Dubey for plaintiff present.
Plaintiff present.
On perusal of roznama it appears that SJ is without reply. Therefore, the suit be treated as without reply/No WS. Therefore, plaintiff is directed to lead ex-parte evidence.
Matter is adjd. for ex-parte evidence to 04-07-2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Adv. J.N. Dubey for Plaintiff present.
None present for defendant / Ex-parte.
Following documents are Exhibited as under.
Copy of Memorandum of Understanding is t.o.r. & marked as Ex 8.
Copy of said cheque with bank memo is t.o.r. & marked as Exh. 9.
Copy of legal Notice is t.o.r. and marked as Exh. 10.
Heard arguments of ld. Adv. For Plaintiff.
K.B. for Ex-pate. Judgment.
F.R.S.R. following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendant is hereby ordered and directed to pay an amount of Rs.8,00,000/- to the plaintiff within a period of three months together with interest at the rate of 6% p.a. an amount of Rs.5,00,000/- from the date of suit till realization.
3. Summons for Judgment No. 54 of 2019 stands disposed of accordingly.
4. Decree be drawn up accordingly.
5. Court fee be refunded as per Bombay City Civil Court Rule.
Nature Of Disposal: DECREED
Disposal Date: 04-07-2022
