Date: 21-10-2019
Business: Court is on Holiday for Election.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Advocate Harish Sakapal for plaintiff is present and requested for short adjournment. Request is allowed.
None present for defendant.
Plaint.
V/P
Memorandum of address.
List of documents.
Adjourned for writ of summons to 21.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Advocate Harish Sakapal for plaintiff is present and filed service affidavit at Exh. 05. Service is not duly served.
None present for defendant.
Adjourned for steps to 28.02.2020.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Advocate Ramesh Jain for plaintiff is present.
None present for defendant.
Adjourned for steps to 07.03.2020.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Advocate Ramesh Jain for plaintiff is present.
None present for defendant.
Adjourned for steps to 23.03.2020.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Business: National Lok Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rain declared as holiday
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: None for plaintiff .
None for defendant
Matter is adjd.to 23-02-2021 for taking steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: None for plaintiff and defendant.
Plff to take proper steps.
Matter is adjd.to 10.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Mr. Ramesh Jain for plaintiff, requested to peruse postal endorsement on Envelop send by RPAD along-with service affidavit vide Exh.5 i.e. \''unclaimed\''. It is submitted that there are various rulings of the Hon\''ble High Court and Appex Court concluded that it is good service.
None for defendant.
Summons send by RPAD vide Exh.5 is unclaimed by the deft., suit to proceed Ex-parte.
Matter is adjd.to 24.03.2021 for R/E (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv. Mr. Ramesh Jain for plaintiff, prayed for adjmnt.
None for defendant.
Matter is adjd.to 22.04.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 25-06-2021 for Ex-Parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Due to COVID
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv. Ramesh Jain for plaintiff present.
Matter is pending for (ex-parte) evidence since 12-12-2019. Hence, plaintiff is directed to lead evidence.
Matter is adjd.to 07-09-2021 for (ex-parte) evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Both parties are absent.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjd.to 18-12 -2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjd.to 13-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Adv. Mr. Ramesh Jain for plaintiff present.
Matter is adjd.to 23-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv. Ramesh Jain for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 28-02-2022 for ex parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Ramesh Jain for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 16-03-2022 for ex parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Ramesh Jain for plaintiff present
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: None for plaintiff.
Matter is adjd.to 22-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: None for plaintiff.
Matter is adjd.to 29-06-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. for plaintiff is not adducing evidence since last few dates. It seems that plaintiff is not interested to proceed with suit. Hence keep for dismissal order.
Adjd for dismissal order to 17/08/2022
Next Purpose: DISMISSAL
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Ramesh Jain for plaintiff present. Plaintiff absent.
Exh- 6 Statement of truth filed by adv. for plaintiff
Exh- 7 Affidavit of evidence of Navin H. Jain CA of plaintiff, filed by adv. for plaintiff. O- Plaintiff is absent hence keep this affidavit for verification.
Exh-8 List of documents. O- Filed.
Adjd for verification of evidence affidavit to 20/08/2022
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Adv. Ramesh Jain for plaintiff present.
Power of attorney holder of plaintiff present.
Affidavit of evidence of Navinchandra H. Jain was tendered on last date however witness of plaintiff was absent on last date. Today witness of plaintiff is present hence read and recorded in evidence.
Exh-9 Confirmation of account in writing dt. 01.04.2018 to the plaint.
Exh-10 Plaintiff’s advocate’s letter dt. 23.01.2019 to plaint along with postal records in connection with transmission and delivery thereof.
Exh-11 Defendant advocate letter dt. 18.02.2019 to plaint.
Exh-12 Bank statement and bank records
Exh-13 Original power of attorney. (copy of power of attorney in plaint) verified with original and original returned back.
Exh- 14 Evidence closing pursis filed by adv. for plaintiff. O- R and R.
Heard arguments of adv. Ramesh Jain for plaintiff.
Adjd for exparte judgment to 25/08/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Ramesh Jain for plaintiff present.
Exh-15 Judgment
FRSR the following order is passed
ORDER
1.Commercial Suit No. 114 of 2019 is decreed with costs.
2. The defendant do pay an amount of Rs.15,30,971.46 ps. (Rs. Fifteen Lakhs Thirty Thousand Nine hundred and Seventy one and forty six paise only) to the plaintiff along with interest at the rate of 12 percent per annum on the principal amount of Rs.10,00,000/- from the date of filing of the suit till realization within 3 months from the date of this decree.
3. Defendant shall bear the costs of the suit.
4. Court fee, if any, be refunded as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 25-08-2022