GANGARAM MALKU GADGEVsGanesh Pitambar Mote

Date: 26-02-2020
Business: Adv. Ramesh Jain for plaiintiff present.
Adv. for plaintiff filed affidavit of service. t.o..r
Adjd for ex parte orders to 17/04/2020.
Next Purpose: ORDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 10-07-2020

Date: 10-07-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: ORDER
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Adv. Vishal Ranklambe for deft. present.
V/P filed by adv. for deft. t.o.r.
Adv. for deft. filed draft Ch/sum. t.o.r.
Leave granted. Ch/sum be registered.
Matter is adjd. 29.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation.  As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded.  As per Clause No. 4  of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
Next Purpose: HEARING
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Due to Covid-19.
Next Purpose: HEARING
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
Defendant failed to register the CS.
Time extended as a last chance.
Matter adjd for tendering  original register CS to 25.11.2021.
Next Purpose: HEARING
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: P. O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: P. O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
Matter Adjd for hearing to 27.04.2022.
Next Purpose: HEARING
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: P.O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None present.
Matter Adjd for hearing on 03/09/2022.
Next Purpose: HEARING
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: Holiday Declared Ganpati Festival
Next Purpose: HEARING
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Business: Adv. Ramesh Jain  for plaintiff present.
None present for defendant.
Matter Adjd for hearing on 13/12/2022.
Next Purpose: HEARING
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Defendant absent from last several dates and also failed to register the Chamber summons. Hence the unregistered chamber summons is filed.
Exh.02 (Already filed) - Service affidavit. O-seen.
Defendant absent and failed to proceed with the chamber summons and the suit. Hence to proceed ex-parte against defendant.
Matter Adjd for ex-parte evidence on 06/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Exh.03 - Claim affidavit. O-read and recorded.
Exh.04 - List of documents. O-be filed.
Heard learned advocate for plaintiff on admissibility of documents.
Order on Admissibility of documents
Exh.05 - Promissory note dt.20.07.2015
Exh.06 - Legal Notice dt. 21.06.2018
Article A - Photocopy of Money lending licence.
Article B - Photocopy of form.
Article C - Photocopy of books  of account.
Exh.07 -  Evidence closing pursis. O-seen.
Matter Adjd for ex-parte argument on 08/03/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Heard final argument of plaintiff.
Matter Adjd for ex-parte judgment on 01/04/2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
F.R.S.R. following order in Summary Suit No.05 of 2020 is passed-
ORDER
1. The Summary Suit no.05 of 2020 is decreed with costs.
2. Defendant shall pay amount of Rs.1,52,767.12/- (Rupees One Lakh Fifty Two Thousand Seven Hundred Sixty Seven and Twelve Paise Only) to the plaintiff along with interest at the rate of 9 percent per annum on the principal amount of Rs.1,00,000/-(Rupees One Lakh only) from the date of filing suit till its actual realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 01-04-2023

EXECUTION APPLN/100327/2023

Filing Number: 108790/2018
Filing Date: 02-07-2018
First Hearing Date: 26th February 2020
Decision Date: 01st April 2023
Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE