Date: 04-09-2018
Business: Adv. B. S. Patil for Plaintiff present.
None for Defendant.
Advocate for plaintiff seeks time for service hence,
Matter is adjd. to 05/12/2018 for Service.
Next Purpose: SERVICE
Next Hearing Date: 05-12-2018
Date: 05-12-2018
Business: P.O. has gone for Medical examination for obtaining Health Fitness Certificate as per the direction of Hon\''ble High Court, hence case is adjourn.
Matter is adjd. to 12/03/2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 18/06/2019 for Service report.
Next Purpose: SERVICE
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: None present
Matter is Adjd for Affidavit of Service to 23/09/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: P.O. Is on leave. Adjd to 18/10/19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv. B.S. Patil for plaintiff present.
Exh. 1- Plaint
Exh. 2- V/p
Exh. 3- Memorandum of address.
Exh. 4- List of document
Exh. 5- Affidavit of service @ original writ of summons.
The affidavit of service shows that the intimation was given to defts on 24.05.2019 and defts have filed appearance on 22.10.2019. Therefore, defts to take out appropriate proceedings.
Adjd. for steps by deft to 04.01.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-01-2020
Date: 04-01-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Adv. B.S.patil for plaintiff.
The record reveals that on 22.10.2018 an advocate namely Amit karale had filed vakalatnama on behalf of defendants No.1 to 4. It was noticed that the said vakalatnama was not infact in respect of the present proceeding and it was mistakenly filed in present proceeding. As per noting dtd.21.01.2019 adv. Amit Karale was permitted to withdraw the said vakalatnama. Thus, the reality is that the defendant did not appear in the present matter either in person or through any advocate. The Affidavit of Service of summons @ the unclaimed RPAD envelope containing summons shows that the defendant did not claim the same despite delivery of intimation by the psotal authority. Thus, there has been proper service of summons on the defendant. However, the defendant failed to appear hence the suit to proceed Ex-parte against the defendant.
Adjd to 13.03.2020 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: None present.
Adjd for Ex-parte evidence to 07-07-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Business: National lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: None present.
Adjd to 22-03-2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv. B.S.Patil for plaintiff
Plaintiff present.
None for defendant
Evidence Affidavit- Exh.6
List of documents- Exh.7
Evidence close pursis- Exh.8
Adjd to 19-04-2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv Balbhim Patil present for the plaintiff.
None present for the defendant.
Arguments heard
Matter is adjd to 11.10.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv Balbhim Patil present for the plaintiff.
None present for the defendant.
Judgment
FRSR following order is passed
1. The suit is decreed with costs.
2.The Defendant is directed to pay the amount of Rs.2,90,000 to the plaintiff along with interest on the amount of Rs.2,00,000 at the rate of 18percent per annum from the date of institution of the suit till realisation of the total decreetal amount within 60 days of the date of this order.
3.Decree be drawn up accordingly.
4.Court fees be refunded as per the rules and entitlement.
5.The summary suit No.710/2018 stands disposed of accordingly.
Nature Of Disposal: DECREED
Disposal Date: 11-10-2021
