Date: 03-09-2018
Business: P.O. is on the mediation training
Next Purpose: DIRECTIONS
Next Hearing Date: 16-11-2018
Date: 16-11-2018
Business: Adv. Mrs. Pradyna Kulkarni Present for the Plff.
Issue fresh writ of summons against the Deft.
Adj. For service affidavit of writ of summons on 15/02/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: H.H.J. is on Leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-04-2019
Date: 10-04-2019
Business: Adv. Rony Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed service affidavit of writ of summons. t.o.r.
As per service affidavit deft served by RPAD as per postal remark incomplete address. Hence service is not proper. Plff to take steps for service.
Adj. for Steps on 29/07/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2019
Date: 29-07-2019
Business: Adv. Ruchi Bagwe for plaintiff present.
On the request of Ld. Counsel for plaintiff time is granted for taking steps for service suit summons on the defendant.
Matter adjd for steps on 26/09/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: None present for plff.
Matter adjd.for taking steps on 07.12.2019.
L.O.at 12.10 pm
Adv.Ruchi Bagve for plaintiff present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Business: H.H.J. is on training
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Jayanth K.B. for plaintiff present.
None for defendant.
Ld Adv for plff filed draft Chamber Summons along with affidavit t.o.r. O- Heard Ld adv for plff. Leave granted to register C/S.
KB. L.O. at 1.29 pm
Heard ld adv for plaintiff keep for order on draft CS.
Matter adjd for tendering original registered CS along with affidavit and CS order to 01-04-2020 at 2.45 pm
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: None present.
Today matter is for tendering original registered CS and affidavit.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for tendering original registered CS and affidavit to 28-01-2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Nobody is present.
Matter adjourned for CS Hearing on 08/03/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Romy for plaintiff present.
Registered chamber summons is not filed by plaintiff.
Plaintiff to file registered chamber summons.
Adjd for compliance/Ch.s hearing to 29/04/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: None present.
The matter is adjd for compliance/for filing registered Ch/sum to 08.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv. Rony for plaintiff present. He is directed to take further steps.
The matter is adjd for steps to 14.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: None present.
The matter is adjd for steps to 11.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: None present.
The matter is adjd for taking steps to 06.12.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. Dipak Agawane i/b. Rony and Co. for plaintiff present.
Adv. For plaintiff submitted that he has submitted draft Ch/sum on 24.02.2020 seeking same relief but said Ch/sum is not registered and it is missing. He sought permission for taking out fresh Ch/sum. Permission to file fresh Ch/sum is granted.
Adv. For plaintiff tendered draft Ch/sum. Leave to register Ch/sum is granted.
Heard Adv. For plaintiff on draft Ch/sum.
ORDER BELOW DRAFT CH/SUM
Summons to deft. cannot be served on the address known to the plaintiff. Considering the service affidavit filed on record, there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service. Therefore, summons to deft. be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house. Draft Ch/sum is disposed of accordingly and it be registered for statistical purpose.
The matter is adjd for affidavit of service to 04.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv. Ruchi Bagwe i/b. Rony and Co. for plaintiff present.
Adv. For plaintiff tendered disposed of registered Ch/sum no.1898/21. T.O.R. Said Ch/sum is disposed of by order dated 06.12.2021.
The matter is adjd for filing service affidavit to 08.02.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Adv. Priyanka More for plaintiff present.
She sought time for extension of service of summons as per order dated 06.12.2021.
O. - Extension of time as prayed for is granted.
The matter is adjd for filing service affidavit to 19.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv. Jayanti K.B. for plaintiff present.
Exh.3- Adv. For plaintiff tendered service affidavit. T.O.R.
Exh.4 - Bailiff report. T.O.R.
As per service affidavit (Exh.3) and bailiff report (Exh.4), deft. is deemed to be served with writ of summons. But, deft. failed to tender his appearance. Therefore, suit to proceed ex-parte against deft.
The matter is adjd for ex-parte evidence to 13.04.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Adv. Jayanti K.B. for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 13.06.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv. Jayanti K.B. for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 29.06.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Adv. Pranali Mahajan for plaintiff present.
K.B.
L.O. at 12.05 pm.
Adv. Rony for plaintiff present.
Exh.5 - Adv. For plaintiff filed affidavit of evidence of PW-1 Ashutosh Kumar. T.O.R.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.6 - List of documents. T.O.R.
From the evidence of PW-1 Ashutosh Kumar, following documents are proved, therefore, they are exhibited.
Exh.7 - Sanction letter.
Exh.8 - Demand promissory note.
Exh.9 - Hypothecation agreement.
Exh.10 - Multipurpose agreement.
Exh.11 - Copy of legal notice.
Exh.12 - Particulars of claim.
Exh.13 - Statement of account.
The matter is adjd for evidence to 11.07.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Pranali Mahajan for plaintiff present.
Exh.14 - Adv. For plaintiff tendered evidence closing pursis. T.O.R.
The matter is adjd for arguments to 21.07.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Rony for plaintiff present.
Adv. For plaintiff submits that Ch/sum No.724/2020 is misplaced. He has filed on record copy of said Ch/sum. As original is misplaced, copy filed on record is marked as Ch/sum No.724/2020. This Ch/sum No.724/20 was taken out by plaintiff for substituted service of summons. However, later on, plaintiff has taken out Ch/sum No.1898/2021 for substituted service. Therefore, Ch/sum No.724/20 is disposed of.
Heard arguments of Adv. For plaintiff.
K.B.
L.O. at 04.00 pm.
Exh.15 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.930 of 2021 is partly decreed with costs.
2. Defendant shall pay an amount of Rs.4,15,582.69/-(Rupees Four Lacs Fifteen Thousand Five Hundred Eighty Two and Sixty Nine Paise Only)along with interest @ 11.20 percent p.a. to plaintiff from the date of the suit till its realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
4. Decree thus follow.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 21-07-2022