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Date: 09-09-2019 Business: Fresh matter assigned to this Court. Representative of plaintiff present. Exh.2 Application for extension of r/d of suit of summons. TOR. In view of submission made in the application time is extended for service of writ summons. Matter adjd for service affidavit on 16/11/2019. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 16-11-2019 Date: 16-11-2019 Business: H.H.J. is on leave. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 16-12-2019 Date: 16-12-2019 Business: Adv. Gaurav Nyaynit for plaintiff present. Plff Adv seeks time to serve writ of summons to deft. Time extended. Matter adjd to 24/03/2020 for service of writ of summons. Next Purpose: SERVICE Next Hearing Date: 24-03-2020 Date: 24-03-2020 Next Purpose: SERVICE Next Hearing Date: 03-04-2020 Date: 03-04-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 17-04-2020 Date: 17-04-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 06-05-2020 Date: 06-05-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 28-05-2020 Date: 28-05-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 15-06-2020 Date: 15-06-2020 Next Purpose: SERVICE Next Hearing Date: 25-09-2020 Date: 25-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 18-12-2020 Date: 18-12-2020 Business: Adv. Gaurav R. Nyayanit for plaintiff present. None for defendant. Today matter is for service affidavit. Ex.03 Ld Adv for plaintiff filed affidavit of service along with original writ of summons t.o.r. O- Seen. Perused service affidavit Ex.03. Packet of writ of summons returned with remark not known. Ld Adv for plaintiff submits that two address of the defendant are mentioned in the cause title of the plaint. He further states to issue writ of summon on second address. Hence, issue writ of summons to defendant on second address. Matter adjd for service affidavit to 29-04-2021. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 29-04-2021 Date: 29-04-2021 Business: Court is vacant Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 25-08-2021 Date: 25-08-2021 Business: Adv. Mr. Gourav Nyayanit for Plaintiff present. None present for Defendant. The advocate for Plaintiff moved an application exhibit-4 seeking service of Writ of Summons from the other address of the Defendant shown in Plaint. O :- Allowed. Besides service of summons on other address, the summons be sent on the e-mail available by the Plaintiff. Matter adj. to 02/12/2021 for Writ of Summons. Next Purpose: WRIT OF SUMMONS Next Hearing Date: 02-12-2021 Date: 02-12-2021 Business: Court is Vacant. Next Purpose: WRIT OF SUMMONS Next Hearing Date: 05-02-2022 Date: 05-02-2022 Business: COURT IS VACANT Next Purpose: WRIT OF SUMMONS Next Hearing Date: 21-03-2022 Date: 21-03-2022 Business: Plaintiff present. He tendered original writ of summons t.o.r mark Exh.3 Application for issuance of fresh writ of summons and for service by email t.o.r. and marked as Exh. 4 Perused record. It shows that earlier writ of summons issued by RPAD as returned unserved with endorsement left. Considering these fact, application is allowed. Issue fresh writ of summons on defendant on address provided in Exh.4 and also by email. Adjd on 11.07.2022 for writ of summons. Next Purpose: WRIT OF SUMMONS Next Hearing Date: 11-07-2022 Date: 11-07-2022 Business: Adv Gaurav Nyaymit for plff present None for Defendant Adv for plff tendered application for extension of returnable date of writ of summons t.o.r. marked as Exh 5 The returnable date of writ of summons is extended till next date. Matter is adjd on 13.09.2022 for Writ of Summons Next Purpose: WRIT OF SUMMONS Next Hearing Date: 13-09-2022 Date: 13-09-2022 Business: None for plff None for defendant Matter is adjd on 30.11.2022 for Writ of summons Next Purpose: WRIT OF SUMMONS Next Hearing Date: 30-11-2022 Date: 30-11-2022 Business: Court is busy in recording evidence in Suit No.6625/2004 and hearing arguments in Suit No. 8292/84. Hence, Board is discharged. Adv for plff tendered affidavit of service t.o.r marked as Exh 6 Matter is adjd on 20.01.2023 for Writ of summons Next Purpose: WRIT OF SUMMONS Next Hearing Date: 20-01-2023 Date: 20-01-2023 Business: Matter called out at 12.36 pm Adv. Nagar for plaintiff present. None for defendant Service affidavit Exh.6 shows that the defendant is served with writ of summons issued by RPAD. Defendant has not appeared in the suit. Therefore, suit shall proceed exparte against defendant. Matter is adjd on 27.03.2023 for Exparte hearing. Reason For Adjournment: court time is over Next Purpose: WRIT OF SUMMONS Next Hearing Date: 27-03-2023 Date: 27-03-2023 Business: Adv. Jagdish Nagar for plaintiff present. None for defendant. Matter is adjd on 12.06.2023 for ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 12-06-2023 Date: 12-06-2023 Business: PO IS ON LEAVE. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 21-08-2023 Date: 21-08-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) Adv. Gaurav Nyaynit for plaintiff present. At the request of advocate for plaintiff matter is kept back. Later on at 1.13 pm Plaintiff filed affidavit of evidence marked as Exhibit 07 along with list of documents at Exhibit 08. The plaintiff filed evidence close pursis at Exhibit 09 Matter is adj to 18/09/2023 for ex-parte argument Next Purpose: ARGUMENTS Next Hearing Date: 18-09-2023 Date: 18-09-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None for plaintiff. Matter is adj to 06/12/2023 for argument. Later on at 11.24am Adv.Jagdish Nagar for plaintiff present. Next Purpose: ARGUMENTS Next Hearing Date: 06-12-2023 Date: 06-12-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) Adv.Arpita Chopra h/f Adv.Jagdish Nagar for plaintiff present. None for defendant. Heard Ld.Adv. for plaintiff. Matter is adj to 15/12/2023 for ex-parte judgment. Next Purpose: EX-PARTE JUDGEMENT Next Hearing Date: 15-12-2023 Date: 15-12-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None present. kept back for judgment. Later on at 11.38am Adv.Gaurav R.Nyayanit for plaintiff present. Suit No.2315 of 2029 is partly decreed. Reasons are separately recorded. Judgment is dictated and pronounced in open court. Nature Of Disposal: PARTLY DECREED Disposal Date: 15-12-2023
Filing Number: 106524/2019 Filing Date: 18-06-2019 First Hearing Date: 09th September 2019 Decision Date: 15th December 2023 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 2315 of 2019 1 MHCC010086822019 Presented on : 18-06-2019 Registered on : 19-08-2019 Decided on : 15-12-2023 Duration : 4 Yr, 5 M, 27 D. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.2315 OF 2019. Exh. Bhavesh Harikrishna Oza. ] Age 45 years. Indian Inhabitant, ] Prop. Of M/s. AHORI METAL INDIA, ] Having office at Shop No.10, ] 45, Shatrunjay Building, ]…
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