Date: 21-10-2019
Business: Due to election declared on 21.10.2019, matter is taken on today''s board.
Board is discharged.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Business: Nobody present.
Adjd.to 09/01/2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Nobody present when called at 11 am.
Kb
Later on at 3.00 pm
Adv. Smt. Lalwani for plaintiff present and filed application for issuance of fresh writ of summons. O- Issue fresh writ of summons to defendant as prayed.
Adv. for plaintiff filed Affidavit of service. t.o.r
Adjd for hearing to 11/02/2020.
Next Purpose: HEARING
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Nobody present when called.
Kb
Later on
Adv. Kavita Lalwani for plaintiff is present at 12 noon and requested for extension of service of writ of summons. O- Granted as last chance.
Adjd for hearing to 05/03/2020.
Next Purpose: HEARING
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Nobody present when called at 11.00 am
kb
L.O in afternoon session.
Adv. Kavita Lalwani for plaintiff present.
Adjd for taking steps to 19/03/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Adjd for steps to 13.04.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Business: National Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Lockdwon due to Covid19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Plff and its advs are absent.
It is directed to the plff to take steps against the deft.
Adjd for taking steps to 27/10/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for steps to 21.01.2021.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Both parties and their advocates are absent when called out.
Plaintiff to take proper steps positively in four weeks.
Matter is adjd.to 25-02-2021 for taking steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: None for plaintiff and defendant.
Plff is continuously absent, no steps on behalf of plff reveals his disinterest. Hence, posted for dismissal.
Matter is adjd.to 11.03.2021 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 30.03.2021 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None for plaintiff and defendant.
Plff to take steps positively on or before next date as suit is posted for dismissal.
Matter is adjd.to 16.04.2021 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 12.07.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: Adv. Kavita Lalwani for Plaintiff present.
None for Defendants.
Adv. for plaintiff filed Service affidavit Exh.2.
Draft Chamber Summons filed by the plaintiff. It is taken on record and order is passed on it.
Order -
Leave is granted to register C.S. Considering sheriff report and service affidavit, it appears that the defendant could not be served despite of attempts of service on all addresses as mentioned in the report. Hence, C.S. is allowed substituted service is allowed in terms of prayer clauses 1.1. (i) to (iii).
Matter is adjd.to 30.08.2021 for Service of Writ of
Summons.
Next Purpose: SERVICE
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv. Kavita Lalwani for plaintiff present and filed affidavit of service with copy of paper publication t.o.r. and marked as Exh.5.
She also filed affidavit of service with original writ of summons issued to defendants no. 1 to 3 t.o.r. and marked as Exh. 6
None for defendant
She filed service affidavit of Pravin Kajrekar t.o.r. and marked as Exh. 7
Considering contents in Exh. 5,6 and 7, writ of summons be issued for pasting service on defendants no. 1 to 3 on their address at Jacob Circle as per submission of Adv. For the plaintiff.
Matter is adjd.to 14-10-2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv. Kavita Lalwani for plaintiff present and filed affidavit of service t.o.r. and marked as Exh.8
Matter is adjd.to 11-11-2021 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv. Kavita Lalwani for plaintiff present.
On perusal of record, it appears that writ of summons was served upon defts no. 1 to 3 by way of paper publication as per service affidavit Exh. 5 and also by pasting service as per service affidavit Exh. 8, but they failed to appear. Hence, suit to proceed ex parte against defendants no. 1 to 3.
Adv. Kavita Lalwani for plaintiff filed evidence affidavit of witness t.o.r. and marked as Exh. 9
she also filed list of documents t.o.r. and marked as Exh. 10
LO
Witness Ashok Mohansing Bajaj present.
Oath is administered to Witness Ashok Mohansing Bajaj . He stated on Oath that evidence affidavit Exh.9 bears his signature and contents therein are correct. He also proved documents filed with list Exh.10 and they are Exhibited as under -
Exh. 11 – Bill of exchange dtd. 31-05-2018.
Exh. 12 colly – Office copy of the letter of plaintiff’s Advocate dtd. 12-03-2019 with four postal receipts and four acknowledgments.
Exh. 13 – Copy of the defendant’s advocate letter dtd. 27-03-2019
Exh14. - Evidence close pursis filed by the plaintiff – seen.
C/S No. 851/2021 is already allowed on 12-07-2021. Hence, C/S No. 851/2021 is disposed of.
Matter is adjd.to 20-11-2021 for ex parte argument. (12.30pm)
Next Purpose: ARGUMENTS
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv. Kavita Lalwani for plaintiff present.
Heard Ld. Adv. Adv. Kavita Lalwani for plaintiff
Matter is adjd.to 25-11-2021 for ex parte Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Kavita Lalwani for plaintiff present and filed application for production of additional original documents. t.o.r. and marked as Exh.15 - production allowed.
She also filed list of documents t.o.r. and marked as Exh.16 – seen.
Exh. 17 -Transaction return memo of Rs. 3,00,000/- of ECS amount dtd. 30-12-2018.
Exh. 18 – Transaction return memo of Rs. 3,00,000/- of ECS amount dtd. 30-01-2019.
Exh. 19 colly – Dishonoured cheque dtd. 05-03-2019 of Rs. 6,00,000/- alongwith intimation dtd. 06-03-2019.
Exh. 20- Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 112/2019 is decreed.
2. Defendants No. 1 to 3 are directed to pay an amount of Rs. 12,00,000/- (Rupees Twelve Lakhs Only )to the plaintiff with interest at the rate of 18% per annum from the date of suit till realization of the amount within three months from the date of decree.
3. Defendants No. 1 to 3 are jointly and severally liable to pay decretal amount to the plaintiff.
4. The defendants shall bear the costs of the suit.
5. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 25-11-2021