Date: 30-08-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 20/12/2018 for Report.
L.O.
Adv. Bharat Gavande for defendant present.
L.O.
Adv. Rahul Chaube for plaintiff present.
Next Purpose: REPORT
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Business: Adv Rahul Chaube for plaintiff present
Adv B B Gavande for defendant present
adv for plaintiff has filed the register summons for judgment no.257/18 along with affidavit. The advocate for defendant has filed the reply to summons for judgment.
Matter is adjourned to 11/03/2019 for rejoinder to reply.
Next Purpose: REJOINDER
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: None for Plaintiff.
Adv. Bharat Gawande for Defendant present.
Matter is adjd. to 22/04/2019 for Rejoinder to S/J.
Next Purpose: REJOINDER
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Adv for plaintiff Mr.Rahul Choube present
Adv for deft Mr.Bharat present
Adv for plaintiff stated that defendant has not filed reply
within10 days.
O-As the reply is not filed within 10 days it will not be consider
for hearing on S/J unless delay is condon.
Matter is adjd for Hearing on S/J to 26/07/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-06-2019
Date: 25-06-2019
Business: By Precipe,
Adv for deft Mr.Bharat Gawali present
Adv. for deft filed draft N/M along with affidavit,tor
O- Leave granted to register the draft N/M.
Already Adjd for N/M Hearing to 26/07/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2019
Date: 26-07-2019
Business: Adv. Rahul Choubey for plaintiff present.
None for defendant.
Advocate for plaintiff submitted that copy of NM taken out by defendant not served to him. Advocate for defendant is directed to served the copy of NM upon advocate of plaintiff as a last chance as unnecessary delay is caused.
Adj for supply of copy of NM to plaintiff on 07/09/2019.
Later On. At 03.40 pm.
Adv. Bharat Gavande for defendant present.
Register NM No. 2393/19 along with affidavit tendered by advocate for defendant. Advocate for defendant has undertake to served the copy of NM to plaintiff or his advocate.
Already adj for hearing on 07/09/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Business: Plff.absent.
Defendant present.
K.B.
L.O.
Adv. Bharat Gavade for deft present.
None for plaintiff.
Adjd. to 23.09.2019 for nm reply
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: P.O is on leave. Adjd to 16/10/19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: None present.
KB
LO At 12.35 p.m.
Plff present. Adv. Rahul Chaube for plaintiff present.
Deft present. Adv. Bharat Gavande for deft.
Reply to nm filed by plaintiff. t.o.r.
Copy supplied to deft.
Adjd. for nm hearing to 16.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. Rahul Chobey for plaintiff present.
Adv. Gawande for defendant present.
On the request of defendant matter is adjd to 04/01/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2020
Date: 04-01-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv. Rahul for plaintiff
None for defendant
ORDER
The defendant and his advocate did not appear to advance arguments on the Notice of Motion 2393/19. The Ld Advocate on behalf of the plaintiff submitted that in order to avoid further delay he has no objection to allow the Notice of Motion subject to cost. Considering submission on behalf of the advocate of plaintiff and in the interest of justice, the Notice of Motion 2393 of 2019 is allowed and the delay caused to the defendant to file reply to the Summons for Judgment is condoned subject to cost of Rs.2000/- to be paid to the plaintiff. On payment of cost the reply filed on behalf of the defendant to the Summons for Judgment be taken on record.
Notice of Motion 2393 of 2019 is disposed accordingly.
Adjd for compliance to 01-04-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None present
Adjd to 04-03-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: None for plaintiff
Exh.5- Adv. Bharat for defendant filed application for depositing cost in the treasury of this court. O- Allowed. Office to get deposited the cost today.
Adjd to 14-06-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 17.08.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: None for plaintiff.
None for defendant
On perusal of record, it appears that the defendant had filed reply in summons for judgment on 20-02-2018. NM No. 2393/19 for condonation of delay to file reply to summons for Judgment. - Is allowed on 12-02-2020 and cost of Rs. 2000/- is deposited in the court on 04.03.2021. Hence, the matter is kept for if hearing on summons for judgment no. 257/18.
Matter is adjd.to 08-09-2021 for hearing on summons
for judgment no. 257/18(2.45 pm)
Next Purpose: HEARING
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv. Rahul Choubey for plaintiff present.
None for the defendant.
In view of letter dated 6.09.2021 of Hon\''ble High Court, proceeding in the suit will be conducted by following procedure under order XXXVII of the C.P.C.
KB
LO At. 3.45 p.m.
None Present.
Matter is adjd. to 08.10.2021 for hearing on summons for
judgment no. 257/18.
Next Purpose: HEARING
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Rahul Chaube for plaintiff present.
Adv. Bharat Gavande for defendant present.
Matter is adjd.to 28-10-2021 for S/ J hrg. (2.45pm)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Both parties and their advocates are absent when matter called out.
Matter is adjd. to 25-11-2021 for S/ J hrg (2.45pm)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Rahul Chaube for plaintiff present.
None for defendant
Matter is adjd.to 02-12-2021 for S/J Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv. Rahul Chaube for plaintiff present.
None for defendant
Heard Ld. Adv. Rahul Chaube for plaintiff.
As summons for Judgment is pending for argument since long, argument of Adv. for the plaintiff is heard today. As a fair opportunity to the defendant, one date is given for argument of the defendant on S/J as a last chance.
Matter is adjd.to 06-12-2021 for Hrg of the deft on S/J.
(2.45pm)
Lo
Adv. Bharat Gavande for defendant present.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. Rahul Chaube for plaintiff present.
Adv. Bharat Gavande for defendant present.
Heard Ld. Adv. Bharat Gavande for defendant on S/J.
Matter is adjd.to 09-12-2021 for Order. (4.00 pm)
Next Purpose: ORDER
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None for plaintiff.
None for defendant.
Court busy in order in NM No. 2138/21, C/S No. 1693/21, NM No. 2929/21, C/S No. 1630/21 & Judgment in Com SU 260/21.
Matter is adjd.to 17-12-2021 for S/J order.
Next Purpose: ORDER
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: None for plaintiff.
None for defendant.
F.R.S.R. following order is passed -
ORDER
1. Summons for Judgment No. 257/2018 is made absolute in terms of prayer clause (a).
2. Commercial Suit No. 692/2021 is partly decreed.
3. The Defendant is directed to pay the sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only) to the plaintiff together with interest @ 12% p.a. on the principal amount of Rs. 5,87,368/- from the date of filing till the date of realization within three months.
4. The Defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly.
6. Proceedings of Summons for Judgment No. 257/2018 is closed.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 17-12-2021