Date: 07-12-2019
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Adv. Shirke for plaintiff present.
Exh.1Plaint.
Exh.2Vakalatnama.
Exh.3Memo of address.
Exh.4 List of documents.
Ld. counsel for plaintiff submitted that report of service of writ of summons is not received hence, matter is adjourned for filing affidavit of service.
The matter is adjd for affidavit of service to 21.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Harshada Joshi for plaintiff present.
Plaintiff filed affidavit of service. T.O.R.
On perusal of postal endorsement, it appears that intimation was given and the writ of summons was unclaimed. It is not a good service hence plaintiff to serve deft.
Writ of summons is extended.
Plaintiff to serve defendant through bailiff by short service and by speed post.
The matter is adjd for affidavit of service to 07.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv. Shirke for plaintiff present.
Adv. for plaintiff seeks time to file service affidavit. Granted.
The matter is adjd for affidavit of service to 14.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Adv. Joshi for plaintiff present.
Plaintiff tendered original writ of summons. It appears that service is accepted on behalf of deft. by his wife who is an adult member. Summons is duly served. None appeared on behalf of deft. Suit to proceed ex-parte against deft.
The matter is adjd for ex-parte evidence to 20.02.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Adv. Joshi for plaintiff present.
None for deft.
Affidavit of evidence of PW-1 Nilufer Doomasic.
Compilation of documents filed by Adv. for plaintiff.
Verification of PW-1 is completed.
Ld. counsel for plaintiff seeks time to file additional affidavit. Granted.
The matter is adjd for evidence to 05.03.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv. Harshada Joshi for plaintiff present.
Ld. counsel for plaintiff seeks time for hearing. Granted.
The matter is adjd for hearing to 13.03.2020.
Next Purpose: HEARING
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: (Matter is received from C.R. No.1).
Advocate for plaintiff is present.
Plff witness Mrs. Nilufer S. Doomasia is present.
Adv. for Plff filed additional affidavit evidence.
Following documents are marked as exhibits as follows -
Sr. No.1 Sanction letter dt.4/11/2015 issued by Plff.
Sr. No.2 Agreement of Term loan dt.7/11/2015 executed by Deft.
Sr. No.3 Agreement of common agreement dt.7/11/2015 executed by Deft.
Sr. No.4 General Power of Attorney dt.14/9/2011 executed by Deft.
Sr. No.5 LTR 20 (5.1) dt.16/11/2015.
Sr. No.6 Letter of comfort issued by UBER dt.27/10/2015.
Sr. No.7 Letter dt.28/9/2018 issued by Plff to the Deft.
Sr. No.8 Letter issued by Deft to Plff surrendering the keys.
Sr. No.10 Statement of accounts as on 30/6/2019 alongwith certificate under IT Act and bankers book of Evidence Act.
Sr. No.11 Revised Statement of accounts as on 31/1/2020 alongwith certificate under IT Act and bankers book of evidence Act.
Sr. No.12 Revised particulars of claim.
Sr. No.13 Power of Attorney.
Evidence close pursis filed by Plff.
Adjourned for (ex-parte) arguments to 20/3/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Advocate for plaintiff is present.
None present for defendant.
Adjourned for arguments to 04.04.2020.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: ARGUMENTS
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: ARGUMENTS
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Business: National Lockdown
Next Purpose: ARGUMENTS
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Business: National Lockdown
Next Purpose: ARGUMENTS
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for exparte arguments to 12/10/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: Both the parties and their advocates are absent.
Adjd. for argument to 29.10.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) arguments to 09.12.2020.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) arguments to 19.01.2021.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv. Anant Narayan for plaintiff present.
None for defendant
Heard argument of adv. Narayan for plaintiff.
Matter is adjd.to 27-01-2021 for Judgment.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: JUDGMENT
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv. for plaintiff present.
None for defendant
Exh. 21 - Judgment.
F.R.S.R the following order is passed -
1. Suit is partly decreed with cost.
2. Defendant shall pay an amount of Rs. 3,69,999/-
(Rupees Three Lakhs Sixty Nine Thousand Nine Hundred
Ninety Nine only ) with further interest @ 10.50 percent
p.a.from the date of suit till realization, within two
months from the date of decree.
3. Decree shall be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 27-01-2021