Date: 21-08-2019
Business: court is vacant.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: None for plaintiff.
Adv. Shradha Chaurasia for defendant present and undertakes to file vakalatnama on next date.
KB LO
Defendant is present.
Adjd to 02-03-2020 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: None for plaintiff.
None for defendants.
KB
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Adv. Hussen for plaintiff present and tendered notice to produce documents t.o.r. marked at Exh.5. Copy be served to other side.
Adjd to 19-03-2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Adv Ramesh Jain for plaintiff present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency. Matter 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
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
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: 12-06-2020
Date: 12-06-2020
Next Purpose: SERVICE
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: AS THIS COURT IS ON LEAVE , BOARD IS DISCHARGED AND THE MATTER STANDS ADJD.
Next Purpose: SERVICE
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: 26.10.2020
07
Coram: H. H. J.SHRI. M.A.BHOSALE Judge, (C.R.NO. 32)
Commercial Suit No.63/2019
Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 9/11/2020 for service.
Judge
Next Purpose: SERVICE
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 26/11/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 17.12.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Adv.Ramesh Jain for plaintiff present.
None for defendant.
In view of order dtd.02.03.2020 advocate for defendant tendered application Exh-5. However fail to serve copy of application to the plaintiff has directed. Absent today. Hence, Exh-5 is seen and filed.
Matter adjd to 11.01.2021 for passing Ex-party order.
Next Purpose: ORDER
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv.Mr.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 29.01.2021 for Service report.
Next Purpose: REPORT
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Affidavit of service, Exh.6 filed by Adv.of plaintiff t.o.r.
ORDER BELOW EXH.6
Perused the affidavit of service. The defendant is served on 19.09.2019. The defendant had failed to appear in the suit. The suit to proceed ex-parte against him.
Matter adjd to 11.02.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Plaintiff present.
Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Statement of truth, Exh.7 filed by Adv. of plaintiff t.o.r. O-filed.
Affidavit of examination in chief of Mr.Jaiprakash Gupta filed by Adv. of plaintiff t.o.r., Exh.8
PW No.1-Jaiprakash Arun Gupta resumed on S.A.
List of documents filed by Adv. of plaintiff, Exh.9 t.o.r.
KB
LO
Adv.Ramesh Jain for plaintiff present.
ORDER BELOW EXH.9
Document Sr. No.1 to 9 are exhibited formally. Its evidentiary value will be considered at the time of final argument.
Money Lending license, Exh.10 t.o.r.
Original Demand Promissory Note dated 20.05.2018, Exh.11 t.o.r.
Original Form No.10 of Money Lenders Act, Exh.12 t.o.r.
Office/carbon copy of the demand notice dated 10.05.2019, Exh.13.
Original Courier receipt, Exh.14 (colly)
Registrar maintain for inspection by plaintiff, Exh.15 t.o.r.
Books of accounts (Cash book), Exh.16 t.o.r.
Books of accounts (Ledger book), Exh.17 t.o.r.
Defendant Adv. reply, Exh.18 t.o.r.
Evidence closure pursis filed by Adv. of plaintiff t.o.r. O-filed.
Application filed by Adv.of plaintiff for taking on record original documents and return back, Exh.10 t.o.r.
O-Original documents i) Money Lending License ii) Original form No.10 of money lenders Act iii) Register maintain for inspection by plaintiff, iv) Books of accounts (Cash Book) and v) Books of accounts (Ledger Book) be returned after comparing the photocopy with the original. Applicant to undertake to produce original documents Sr. No.i) to Sr. No. v) as and when directed.
Undertaking to produce original documents filed by Adv. of plaintiff t.o.r. O-filed.
Matter adjd to 16.02.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv.Mr.Ramesh Jain for plaintiff present.
None present for defendant.
Heard final argument of Adv.Mr.Ramesh Jain for plaintiff.
Matter adjd to 17.02.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: None present for plaintiff.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is decreed with costs.
2. The Defendant is directed to pay to the plaintiff a sum of Rs.11,98,246.57/- (Rupees Eleven Lakhs Ninety Eight Thousand Two Hundred Forty Six and Fifty Seven Paise Only) and further interest on the principal amount of Rs.10,00,000/- (Rupees Ten Lakhs Only) at the rate of 18 percent per annum from the next day of filing of suit till its payment or realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 17-02-2021