Date: 06-01-2020
Business: Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Matter is called out at 11.30 pm.
None present for plaintiff and defendant.
Hence, Keep Back
Later on at 11.40 pm
Adv. Patil for plaintiff present and seeks time to extend date of service of writ of summons to the defendant. Time extended till next date.
Matter stands Adj for service of writ of summons to 07.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Called out at 11.45 am
Adv. Patil for plaintiff present and file application.
Application for extension of time to serve writ of summons to the defendants.
Matter stands Adj for service of writ of summons to 24.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Called out at 11.10 am
Adv. Patil for plaintiff present and he has submitted affidavit of service along with writ of summons and report of bailiff dated 15.02.2020. As per affidavit of service and bailiff report, the writ of suit summons was tried to be served on defendant Mr. Nitin Prakash Sonawane at his residence, but he has refused to accept service. Hence, bailiff had affixed duplicate copy of writ of summons along with plaint on door of his house.
In view of the above refusal to accept writ of summons by defendant, Ld. counsel for plaintiff is directed to serve defendant by substituted service under O-5, R-20 of CPC.
Matter stands Adj for service to 13.03.2020.
Next Purpose: SERVICE
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv.Patil for plaintiff present.
Adv.for defendant absent.
In view of affidavit of service, defendant refused to accept the service, failed to challenged address over it. Pesting service is effected by bailiff, however remained absent. Hence, suit is proceeded ex-parte against defendant.
Matter adjd to 16.03.2020 for ex-parte evidence on the side of plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: None present. KB
Call at 11.25 am
Plaintiff and adv. absent.
Matter adjd to 30/3/2020 for Exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Court is on leave. Matter adjd to 03.11.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/9/2020 of this Court.
Matter adjd to 10/11/ 2020 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 01/12/2020 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Adv. Rajesh Patil for plaintiff present.
Advocate for plaintiff submitted that his client is not available today. He requested to adjourn the suit on the next date, considering the Pandemic situation suit is adjourned till next date.
Plaintiff is directed to take necessary steps on next date without fail.
Matter adjd to 15.12.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Plaintiff Gangaram Janu Pawar present.
Adv.Rajesh Patil for plaintiff present.
None for defendant.
Adv. for plaintiff tender evidence of Gangaram Janu Pawar along with documents. However fail to file statement of truth.
Ld. Counsel for plaintiff orally submitted that he will submit statement of truth on next date- accepted.
adjd for compliance and verification to 16.01.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv.Rajesh Patil for plaintiff present.
None present for defendant.
Matter adjd to 25.01.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Plaintiff present.
Adv.Mr.Rajesh Patil for plaintiff present.
None present for defendant.
Adv.of plaintiff filed affidavit of claim, Exh.3 t.o.r.
PW No.1- Mr. Gangaram Janu Pawar, resumed on S.A.
List of documents, Exh.4 t.o.r.
O-The documents annexed with the list are exhibited formally at this stage. Its evidenciary value will be considered at the time of final arguments.
Demand promissory note of Rs.4,00,000/- dated 16.07.2018, Exh.5
Notice of demand dated 18.01.2019 with A.D. Card, Exh.6.
Xerox copy of money lending license year 2019-2020, Exh.7.
Xerox copy of form No.10.
Xerox copy of cash entry, Exh.11.
Xerox copy of ledger entry, Exh.12.
Adv.of plaintiff filed statement of truth, Exh.11 t.o.r. O-filed.
KB
LO
Same appearance.
Evidence closure pursis filed by Adv.of plaintiff, Exh.11 t.o.r.
O-filed.
Adv.of plaintiff is directed to file original documents.
Matter adjd to 06.02.2021 for filing of original documents.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv.Rajesh Patil for plaintiff present.
None present for defendant.
Adv.of plaintiff filed List of original documents, Exh.13 t.o.r.
O-Documents be exhibited.
Application filed by Adv.of plaintiff for taking on record original documents and return back, Exh.14 t.o.r.
ORDER BELOW EXH.14
The plaintiff has produced original Money Lending license, original books of form No.10, Books of Cash entry and books of Ledger entry by this application. He prays to keep the xerox copy on record and seeks to return the original documents after comparing and exhibiting the xerox copies of the same.
The documents be returned back to the plaintiff after comparing the same and exhibiting the xerox copies. Initially plaintiff had filed copies of the same those are Exh.7 to Exh.10. He request to compare the original with the copies Exh.7 to Exh.10 and original be returned back to plaintiff.
The original documents filed today at Exh.13 be returned back to the plaintiff after verifying the same with the copies to be exhibited.
The plaintiff to file undertaking to produce original documents as and when directed.
Undertaking filed by Adv.of plaintiff, Exh.15.
Matter adjd to 10.02.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv.Rajesh Patil for plaintiff present.
None present for defendant.
Heard final argument.
Matter adjd to 16.02.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv.Rajesh Patil for plaintiff present.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is decreed with costs.
2. The Defendant is directed to pay to the plaintiff a sum of Rs.4,39,452/- (Rupees Four Lakhs Thirty Nine Thousand Four Hundred and Fifty Two Only) with further interest on Rs.4,00,000/- at the rate of 18 percent per annum from the date of filing of the suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 16-02-2021