Date: 11-12-2019
Business: P.O. is on t
P.O. is on Training
Next Purpose: REPORT
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Plaintiff absent.
Defendent absent.
Adv. Arun Nathani for plff. Present.
He tendered original summons for judgment no. 283/19.
Adv. for deft. absent.
Matter is adjd to 08.01.2020 for filling of affidavit of original document.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Agrawal for plaintiff present.
Adv. for defendant absent.
Plaint
Vakalatnama
Memorandum of address
List of document
Ex-parte order passed below exh-1
Order- The defendant no. 1 to 3 one served with the summons for judgment on 04/12/2019 and inspite of same failed to file application for leave to defend. Hence matter to proceed ex-parte and for judgment on next date.
Adv. for plaintiff filed list of document.
Order- Seen and filed.
Matter is adjd to 13.01.2020 for summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. R. K. Agrawal for plff present.
Adv. For defendant absent.
He oral request matter is adjd to 24.01.2020
Matter is adjd to 24.01.2020 for filing of documents.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Plaintiff Present.
Defendant absent.
Adv. Agrawal For plff. Present.
Adv. For deft. Present.
Adv. For the plff. Filed affidavit of document on behalf of the plaintiff. Exh-7 Order . read and recorded.
Promissory Note dated 08.09.2016 at Sr.No.1 marked as Exh-8
Passbook of Bank of Baroda at Sr. No.2 marked as Exh-9
4 Original passbook evidencing the fact of payment of interest by defendant no.1 at Sr.No.3 marked as Exh-10
Original certificate by Bank of Baroda and the Kotak Mahindra Bank certifying entries in the passbook at Sr.No.4 marked as Exh-11
Office copy of demand notice, which was duly accepted and acknowledged by Ms. Alpa Mehta for and on behalf of the defendants on 28.08.2019 at Sr.No.5 marked as Exh-12
Original receipts issued by DTDC courier at Sr.No.6 marked as Exh-13
Original computerised print out of tracking report of the letters booked from DTDC at Sr.No.7 marked as Exh-14
Original certificate under the provisions of section 65B of evidence Act at Sr.No.8 marked as Exh-15
Office copy of letter dated 24.08.2019 with original postal booking receipt all dated 24.08.2019 bearing no. RM117612910IN, RM117612923IN, RM117612937IN at Sr.No.9 marked as Exh-16
Office copy of letter dated 24.08.2019 at Sr.No.10 marked as Exh-17
5 original envelope sent on dated 24.08.2019 at Sr.No.11 marked as Exh-18
3 original registered post A.D bearing no RM117649557IN, RM117649565IN and RM117649588IN all dated 30.08.2019 at Sr.No.12 marked as Exh-19
3 original speed post POD EM879768045IN, EM879768037IN and EM879768023IN all dated 30.08.2019 at Sr.No.13 marked as Exh-20
5 original envelopes sent on dated 30.08.2019 at Sr.No.14 marked as Exh-21
Original screen shot of notice sent by my advocate which was forwarded to me at Sr.No.15 marked as Exh-22
Original print out of e-mail dated 30.08.2019 at Sr.No.16 marked as Exh-23
Original letter dated 30.08.2019 at Sr.No.17 marked as Exh-24
Original particulars of claim of the plaintiff at Sr.No.18 marked as Exh-25
Argument heard
Matter is adjd to 27.01.2020 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Agrawal For plff. Present.
Adv. For deft. Absent.
Matter is adjd to 31.01.2020 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Rakesh K. Agrawal for plff. Present.
Judgment Exh-26
For reason separately recorded following order is passed.
ORDER
1. The defendants jointly and severally do pay Rs. 3,41,455/- (Rs.Three Lakhs Forty One Thousand Four Hundred Fifty Five Only) to the plaintiff with interest at the rate of 1.05 percent per month from the date of filing of the suit till its realization.
2. Defendants do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Summons for judgment No. 283/2019 is disposed of.
Nature Of Disposal: DECREED
Disposal Date: 31-01-2020
