Date: 13-08-2018
Business: Adv. Charusheela Naik for Plaintiff present.
Adv. for Defendant present.
Advocate for plaintiff has file draft Summons for Judgment alongwith affidavit, Tor.
Order Leave is granted to register the S/J.
Advocate for plaintiff has also filed original writ of summon, TOR.
Matter is adjd. to 22/10/2018 for S/J service.
Next Purpose: SERVICE
Next Hearing Date: 22-10-2018
Date: 22-10-2018
Business: Adv. for Plaintiff absent.
Adv. Kedar Khambate for Defendant present.
He has filed reply to the S/J
Matter is adjd. to 11/12/2018 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-12-2018
Date: 11-12-2018
Business: Adv. Chattarjee for Plaintiff present.
None for Defendant.
Due to paucity of time,
Matter is adjd. to 09/01/2019 for S/J hearing.
L.O.
Adv. Rohan Bhagwat for defendant present.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-01-2019
Date: 09-01-2019
Business: Adv. Chatterjee for Plaintiff present.
Adv. Sayyed Najish for Defendant present.
Heard the argument of both the sides on S/J.
Matter is adjd. to 21/01/2019 for S/J Order.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Business: Adv. Chatterjee for Plaintiff present.
None for Defendant.
Due to paucity of time,
Matter is adjd. to 02/02/2019 for S/J order.
Next Purpose: ORDER
Next Hearing Date: 02-02-2019
Date: 02-02-2019
Business: Adv. for Plaintiff absent.
Adv. for Defendant absent.
Court is busy in dictating Judgment in Su no.1296/15, 1481/17, 594/18, 613/18, 666/18 and other order matters hence due to paucity of time,
Matter is adjd. to 25/02/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 25-02-2019
Date: 25-02-2019
Business: As the Court is on leave Board is discharged and the mattar stands adjd.to
Next Purpose: ORDER
Next Hearing Date: 14-03-2019
Date: 14-03-2019
Business: Adv. Chatterjee for Plaintiff present.
None for Defendant.
Court is busy in High Court Time bound matter in Su no.3734/11 and other order matter hence due to paucity of time, Matter is adjd. to 26/03/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 26-03-2019
Date: 26-03-2019
Business: None present
Matter is Adjd for Re-Argument on S/J to 01/07/2019
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2019
Date: 01-07-2019
Business: None present
Matter is Adjd for Re-argument to 22/08/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Adv. Chaterjee for plaintiff present.
Adv. Yogita Bogal for deft present.
On oral request adv. for deft adjd to 16.10.2019 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. More for plaintiff present.
None for deft.
Registered Ch/s 1802/19 @ affidavit tendered by adv. for plaintiff.
Copy is already supplied to OS.
Adjd. for Ch/s reply to 16.12.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. More for plaintiff present.
Adv. Arun Lambe for defendant present.
Adv. of defendant requested adjournment to file reply to chamber summons. Adv of plaintiff objected it. It the interst of justice last chance be given.
Matter is adjd to 24/2/2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. More for plaintiff
Adv. Arun lambe for defendant
Defendant did not filed reply to Ch/s.
Heard ld advocates on behalf of both the parties. The Ld advocate on behalf of defendant submitted that the defendant has no objection to allow the Chamber summons. Considering the affidavit in support of the Ch/s and the contentions on behalf of both the parties, the Ch/s is allowed and permission is granted to the plaintiff to carry out the amendment as prayed.
The plaintiff to carry out the amendment on or before next date.
Adjd for Compliance to 29-06-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv More for plaintiff present.
None for defendant.
Adjd to 10-03-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. More for plaintiff
None for defendant
Adjd for service to 10-08-2021
Next Purpose: SERVICE
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv. Charusheela More for plaintiff present.
None for deft.
On oral request of Adv. For plaintiff, the matter is adjd for service of amended plaint to deft. to 27.08.2021.
Next Purpose: SERVICE
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv. Charusheela More for plaintiff present.
Adv. Aishwarya Teli for deft. present.
Adv. For plaintiff tendered affidavit of service of amended plaint. T.O.R.
The matter is adjd for hearing on S/J to 30.08.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv. Charusheela More for plaintiff present.
Adv. Aishwarya Teli for deft. present.
Heard arguments of Adv. For plaintiff on S/J no.267/18.
Adv. For deft. filed written arguments on S/J. T.O.R.
The matter is adjd for order on S/J no.267/18 to 03.09.2021.
Next Purpose: ORDER
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: None for plaintiff.
Adv. Aishwarya Teli i/b. P.D. Jain and Co. for deft. present.
F.R.S.R. following order is passed on S/J no.267/18 -
ORDER
1. Defendant shall deposit a sum of Rs.10,00,000/-(Rs.Ten Lacs only) in Court within a period of 12 weeks from today. If this condition is compiled with, defendant is granted leave to defend the suit and it shall file Written Statement within a period of 8 weeks from the date of deposit.
2. If aforesaid condition of the deposit is not followed by defendant within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree.
3. There shall be no order as to costs.
4. S/J No.267/2018 is accordingly disposed of.
The matter is adjd for compliance to 04.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Charusheela More for plaintiff present.
The matter is adjd for compliance to 26.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv. Charusheela More for plaintiff present.
The matter is adjd for compliance to 16.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv. Charusheela More for plaintiff present. She submits that defendant has not complied order dated 03.09.2021 within stipulated period. She further submits that she will apply for passing ex-parte decree.
The matter is adjd for steps to 18.01.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Adv. Charusheela More for plaintiff present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for steps to 23.02.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv. Charusheela More for plaintiff present. She sought time for applying for ex-parte decree. Time as prayed for is granted.
The matter is adjd for taking steps to 16.03.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Charusheela More for plaintiff present.
Exh.2 - Adv. For plaintiff filed application for passing ex-parte decree.
O. - Defendant failed to comply order dated 03.09.2021. Therefore, suit to proceed ex-parte as per order dated 03.09.2021.
Exh.3 - Claim affidavit filed by Adv. For plaintiff. T.O.R.
Exh.4 - List of documents. T.O.R.
The matter is adjd for arguments to 23.03.2022 at 02.45 pm.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv. Charusheela More for plaintiff present.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 05.04.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: None present.
Exh.5 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit is decreed with costs.
2. Defendant shall pay an amount of Rs.15,88,364/-(Rupees Fifteen Lacs Eighty Eight Thousand Three Hundred and Sixty Four only) alongwith interest @ 18percent p.a. on the principal amount of Rs.10,96,142.44/- to plaintiff from the date of the suit till it\''s 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: DECREED
Disposal Date: 05-04-2022
