Date: 21-11-2019
Business: Adv. Shetty for plaintiff present.
Adv. for plaintiff filed affidavit service. t.o.r.
Adjd for ex-parte orders to 02/01/2020
Next Purpose: REPORT
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: Adv. Mr. Shetty for plaintiff present.
The affidavit of service of writ of summons affirmed by the Divya D. Ghadigaonkar of clerk in office of Registrar City Civil court states that the speed post packet with remark unclaimed is received by the office. The defendant has knowledge of the pendency of the suit.
Even after knowledge of writ of summons defendant failed to appear within 10 days. Hence suit to proceed ex-parte against defendant.
Exh- 1 Plaint.
Exh- 2 Vakalatnama
Exh- 3 Memorandum of Address
Exh- 4 List of documents.
Exh- 5 Affidavit of service.
Exh- 6 Affidavit of evidence.
Exh- 7 List of documents.
Exh- 8 Copy of the receipt and affidavit on 12/10/18
Exh- 9 Office copy of demand notice dt. 26/04/2019
and 22/05/2019
Exh- 10 Copy of License.
Adjd for arguments to 24/02/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Plaintiff present.
Adv. Mr. Shetty for plaintiff present.
Adv. for plaintiff stated that the contents of the plaint, affidavit and documents be treated as argument.
Adjd. for Judgment on 18.04.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: JUDGMENT
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lock Down
Next Purpose: JUDGMENT
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: JUDGMENT
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: JUDGMENT
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: JUDGMENT
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: JUDGMENT
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: JUDGMENT
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv. Siddhant Shetty for plaintiff present.
None for defendant.
Today matter is for judgement.
Due to change of assignment matter be posted for re-argument.
Heard ld adv for plaintiff. Keep for judgement.
Matter adjd for exparte judgement to 13-01-2021.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv. Siddhant Shetty for plaintiff present.
None for defendant.
Today matter is for exparte judgement.
Perused noting/ roznama dated 02-01-2020. Perused affidavit of service Ex.05. It is mentioned in the service affidavit that speed post packet containing copy of plaint and writ of summons received back with endorsement \''unclaimed\''. Hence, plaintiff advocate to argue as to how the said service is valid service of writ of summons.
Matter adjd for plaintiff advocate to argue as to how the said service is valid service of writ of summons to 30-01-2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv. Siddhanth Shetty for plaintiff present.
None for defendant.
Heard ld adv for plaintiff.
Matter adjd for exparte judgement to 09-03-2021.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv. Siddhant Shetty for plaintiff present.
None for defendant.
Ex.11 Judgement.
F.R.S.R. following order is passed-
ORDER
Summary Suit no. 937 of 2019 is decreed with costs as under-
1. Defendant do pay a sum of Rs.50,000/- (Fifty Thousand only) to the plaintiff with interest at the rate of 9 (nine) percent per annum on amount of Rs.50,000/- from the date of 12-11-2018 till its full realisation.
2. Court fee be refunded to the plaintiff if any as per rules.
3. Decree be drawn up accordingly.
4. Judgement dictated and pronounced in open court.
R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 09-03-2021
