Date: 21-10-2019
Business: Holiday declared on account of election.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: None for plff.
Adv. Mohit for deft. present.
KB.
LO
Adjd. to 06.12.2019 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: None from both parties.
Matter adjd to 27-01-2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Ramesh jain for palintiff present. On his request kept back at 2.45.
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5-Adv Mohit Shamdasni filed Vakalatnama for defendants 1 to 5 . Exh-5
Keep back. 2.45.
When asked the defendants advocate made a statement that the summons has been served on 21.10.2019 on the defendants. Since that date the period of 30 days already expired. In fact period of more than 90 days expire. No reasons made out for extension of the time for filing written statement. Hence, the suit to proceed without written statement on behalf of the defendants.
Adjd for No written statement evidence to 29.01.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Adv. Ramesh Jain for plaintiff present
kb on his request
LO at 4.15pm
Adv. Mohit Shamdasani for defendant is present.
Neither the plaintiff nor his advocate present.
The plaintiff failed to file the evidence. Hence, the suit is adjourned to the order of Dismissal in default.
Adjd for dismissal to 01-02-2020
LO at 4.20pm
Mr.Navinchandra Jain present. Adv. Ramesh jain for plaintiff present.
He filed
Exh.6- Service affidavit.
Exh.7- Statement of truth.
Exh.8- Affidavit of examination in chief.
Exh.9- List of documents
Since, the examination in chief i.e. the evidence is filed immediately after the matter was adjourned for dismissal order, the same evidence is accepted on record. Copy of examination in chief and the documents be served on the defendants. The matter is adjourned for hearing of admissibility and proof of documents.
Adjd for Hearing on admissibility and proof of documents/service to 01.02.2020 at 11.00am
Next Purpose: HEARING
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Ramdasani for defendant
On the request of defendant the matter is adjd for hearing on admissibility and proof of documents to 04-02-2020
Next Purpose: HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: None present.
LO at 1.30pm
Plaintiff present. Adv. Ramesh Jain for plaintiff
None for defendant. No arguments on behalf of defendant on admissibility and proof of documents.
O- Considering the contents of chief examination affidavit the document at Sr.No.1 i.e. confirmation of account dtd.01.04.2017 be marked as Exh.10 and the document at Sr.No.2 i.e. Copy of legal notice dtd.23.01.2019 be marked as Exh.11. The document at Sr. No.3 is bank statement but it does not contain any certification as required under the Bankers Books Evidence Act or certificate U/s 65(b) of the Evidence Act. Hence, same cannot be marked as Exhibit at this stage.
Adjd for cross-examination of PW.1 07-02-2020
Next Purpose: FOR___________________
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Plaintiff present for Cross-examination. Adv. Ramesh Jain
for plaintiff.
The defendants and their advocate are absent. Hence, no cross examination on behalf of the defendants.
Exh.12 -Evidence close pursis on behalf of the plaintiff.
Adjd for arguments on behalf of the plaintiff to 11-02-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Adv Ramesh Jain for plaintiff present.
None for Defendant.
Adj for exparte arguments to 15-02-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: None for plaintiff
Adv. Minal parab for defendant
kb LO at 3.45pm
Adv. Ramesh Jain for plaintiff
Adv. Minal parab for defendant
Part-arguments heard on behalf of plaintiff.
Adjd for argument to 24-02-2020
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Ramesh jain for plaintiff
Adv. Minal parab for defendant
Adjd for Judgment to 04-03-2020
Next Purpose: JUDGMENT
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: None present.
ORDER
1.The office is directed to register the suit as summary suit under Order 37 of CPC and assign it to the appropriate court completing requisite process.
2.On registration of the suit as above, issue summons to the defendants for appearance under Rule 2 of Order 37.
3.The matter be removed from the board of this court.
Nature Of Disposal: OTHER
Disposal Date: 04-03-2020
