Date: 18-10-2019
Business: Adv for plaintiff Mr.Singh present.
None for the defendant.
Exh 02 Adv for plff. filed affidavit of service with the remark that deft no. 2 has accepted the service for himself and on behalf of deft no.1. O-Deft no. 1 and 2 have fail to appear. Therefore, matter be proceed to passing exparte order.
Matter is Adjd for Exparte Order to 02.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv for plaintiff Mr.Anand Singh present.
None for the defendant.
Defendant no.1 and 2 fail to appear therefore, matter to proceed exparte against deft no.1 and 2.
Matter is Adjd for Exparte Evidence to 16.01.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv for plaintiff Mr.Anand Singh present.
None for the defendant.
Adv for plff requested for adjournment. O-Granted.
Adv for plff requested 24.02.2020 date.
Matter is Adjd for Exparte Evidence to 24.02.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: P.O. is on half day leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: In view of heavy rainfall and disturbed travel services, upon directions of the Hon\''ble High Court, Bombay, the Hon\''ble I/c. Principal Judge has been pleased to declare holiday on 23.09.2020.
Hence, matter adjd to 06.10.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 21.10.2020 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd. 09/10/2020 of this Court.
Matter adjd to 02.11.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 10/11/ 2020 for recording evidence. P.H.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 04/12/2020 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 18/12/2020 for ex-parte evidence.
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 18.01.2021 for Ex-party evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 27.01.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 24.02.2021 for R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 03.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv.Rekha Shinde for plaintiff present.
None present for defendant.
Ld.Adv. for the plaintiff submits that the plaintiff is Sr. Citizen. She seeks time to file the evidence examination in chief.
Matter adjd to 23.03.2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Plaintiff present.
Adv.Rekha Shinde i/b. Legal Chartered for plaintiff present.
None present for defendant.
Adv. of plaintiff filed affidavit of examination-in-chief, Exh.3 t.o.r.
O-filed
PW No.1- Mr.Mathew Luis D\''souza resumed on S.A.
List of documents, Exh.4 filed by Adv. of plaintiff t.o.r.
O-The documents annexed with list are exhibited formally. Its evidentiary value will be considered at the time of final argument.
On Demand Promissory Note dated 13.04.2011, Exh.05.
Certificate from Bank of Baroda, Exh.06.
A computer print-out of the ledger account, Exh.07.
Form No.16A-TDS Certificate dated 31.10.2014, Exh.08.
Office copy of the letter dated 07.11.2016, Exh.09.
Copy of acknowledgment card received from the postal authorities, Exh.10.
Office copy of the legal notice dated 17th July, 2017, Exh.11.
The reply letter dated 26.07.2017, Exh.12 colly..
Office copy of the letter dated 16.11.2017, Exh.13.
The RPAD acknowledgment card, Exh.14.
Application, Exh.15 filed by Adv. of plaintiff for taking Power Of Attorney on record t.o.r. O-allowed.
Copy of Power of attorney, Exh.16.
Application, Exh.17 filed by Adv. of plaintiff for return of original document (Power Of Attorney) t.o.r.
ORDER BELOW EXH.17
Original Power of Attorney, Exh.17 be returned after comparing the copy with the original. Applicant to undertake to produce original document (Exh.17) as and when directed.
Undertaking filed by Adv.of plaintiff, Exh.18 t.o.r.
O-filed.
Matter adjd to 31.03.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: None present.
Matter adjd to 08.04.2021 for argument.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None present.
Matter adjd to 30.04.2021 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None present for plaintiff
None present for defendant.
Matter adjd to 22.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 05.05.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 07.06.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 14.06.2021 for final argument (ex-parte).
Next Purpose: ARGUMENTS
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 25.06.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 14.07.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: Adv.Rekha Shinde i/b.Legal Chartered for plaintiff present.
None present for defendant.
Partly heard argument of plaintiff.
Matter adjd to 12.08.2021 for Citations and argument on citations.
Next Purpose: CIATATION
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv.Rekha Shinde i/b Legal Chartered for plaintiff present.
None present for defendant.
The plaintiff has tendered the draft chamber summons, requesting for permission to lead additional evidence.
Order on Draft Chamber Summons
Suit is proceeded ex-parte. By way of additional evidence, the plaintiff wants to explain how the bar of the Maharashtra Money Lenders Act 2014 will not apply to this suit. Considering the nature of suit and reasons stated in the draft chamber summons, I am of the view that, the plaintiff are entitled to lead additional evidence. hence ORDER
1. Draft chamber summons is allowed.
2. The plaintiff is permitted to lead additional evidence.
3. The draft chamber summons is disposed off accordingly. It be registered for statistical purpose.
Matter adjd to 17.08.2021 for filing additional evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv.Yogendra Rajbhor i/b.Legal Chartered for plaintiff present.
None present for defendant.
Adv.for the plaintiff submits that mother of CA of plaintiff has expired, plaintiff wants time for filing additional evidence, hence, adjourned for filing additional evidence.
Matter adjd to 08.09.2021 for filing additional evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv.Yogendra Rajgor i/b.Legal Chartered for plaintiff present.
None present for defendant.
The plaintiff tendered additional affidavit of evidence in view of order in chamber summons No.941/2021 t.o.r.
KB
LO at 12.51 pm
Adv.Yogendra Rajgor i/b.Legal Chartered for plaintiff present.
Evidence close pursis filed by Adv. of plaintiff, Exh.21 t.o.r.
Plaintiff tendered written submissions, Exh.22 t.o.r.
Matter adjd to 30.09.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv.Neha Kamble i/b.Legal Chartered for plaintiff present.
None present for defendant.
The plaintiff tendered pursis informing that there are no oral submissions. t.o.r. marked as Exh.23
KB
LO at 04.10 p.m.
(As Court is busy in recording evidence in Com.SU 100/21 and dictating judgment in Com.SU 122/19, Com. SU 123/19, NM No.1887/21, NM 732/20, Com.SU 466/21, hence, adjourned.)
Matter adjd to 07.10.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.01 pm
Adv.Neha Kamble i/b.Legal Chartered for plaintiff present.
KB
LO at 12.48 pm
Adv.Yogendra Rajgor i/b.Legal Chartered for plaintiff present.
The plaintiff wants to make submissions regarding points of jurisdiction, hence, adjourned on the point of jurisdiction.
Matter adjd to 12.10.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv.Yogendra Rajgor i/b.Legal Chartered for plaintiff present.
None present for defendant.
KB
LO at 02.45 pm
(As PO is on leave in 2nd Session, hence, matter adjourned.)
Matter adjd to 25.10.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Neha Kamble present for plaintiff.
None present for defendant.
The Ld. Adv. for plaintiff submits that the plaintiff wants to make submissions regarding jurisdiction.
KB
LO 11.45 a.m.
Same appearance for the plaintiff.
Heard the plaintiff. She submits that the plaintiff has no further argument on the point of jurisdiction. Hence, KB for judgment/order.
LO at 12.40 p.m.
ORDER
Read the plaint. It is the contention of the plaintiffs that plaintiff No.1 has lent and advanced friendly loan to the defendants. Recently, the Hon\''ble Calcutta High Court in Ladymoon Towers Pvt. Ltd. Vs. Mahendra Investment Advisors Pvt. Ltd. IA No. GA/4/2021 in CS/99/2020 dated 13.08.2021 held that, cases of friendly loan will not be covered in the definition of commercial dispute. Hence, the suit cannot be proceeded in the commercial courts. Accordingly, the Registrar (Civil) to assign the suit to the proper Court.
Matter adjd to 23.11.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: P. O. is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv. Neha Kamble for plaintiff present.
None present for defendant.
On the oral request of plaintiff Issue writ of summons to defendant.
Matter Adjd for service affidavit on 15/06/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-05-2022
Date: 25-05-2022
Business: By precipe.
Advocate Rahul Agrawal holding for Advocate Neeta Kosambi for defendant No.2 present.
Exh 24 Application for taking matter on today''s board.
O Allowed.
Exhibit 25 Advocate for defendant No.2 filed VK on behalf of defendant No.2. TOR.
Matter already adjd for service affidavit to 15.06.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Adv. Neha Kamble for plaintiff present.
Adv. Rahul Agarwal for defendant no. 2 present.
Exhibit 26 – Service affidavit. O – Seen.
Order below Exhibit – 1
Defendant No.1 duly served as per Exhibit 26, but failed to appear. Hence, to proceed Ex-parte against defendant No.1
Matter Adjd for steps to 17.08.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: None present for plaintiff.
Adv. S. J. Dubey for defendant No.2 present.
Later on at 12.03pm.
Adv. Shardul for plaintiff present.
Draft Summons for judgment alongwith affidavit in support tendered by plaintiff.
Order - Leave is granted to register the Summons for judgment.
Matter Adjd for tendering original registered SJ on 17/10/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: P.O. is on leave in 2nd session.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: Adv. Neha Kamble for plaintiff present.
None present for defendant.
Adv. for plaintiff tendered original registered SJ. TOR.
Matter Adjd for service affidavit of SJ on 03/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Adv. Neha Kamble i/b. Legal Chartered for plaintiff present.
None for defendant present.
Exh. 27 - Service affidavit of SJ. O. - Seen.
Defendant failed to filed SJ reply.
Hence SJ will be decided alongwith main suit.
Matter Adjd for Ex-Parte Evidence on 27.03.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv. Yogendra Rajbhor for plaintiff present.
None present for defendant.
Matter Adjd for ex-parte argument on 26/04/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv. Neha Kamble for plaintiff present.
None present for defendant.
Time sought. Time granted.
Matter Adjd for argument on 30/06/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2023
Date: 30-06-2023
Business: P. O. is on Training.
Hence, Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Both parties are absent when called.
Adv. Neha Kamble for plaintiff is present.
None present for defendant.
Matter Adjd for further argument to 18.09.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: P.O. is on Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Court is Vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: Adv. Neha Kamble i/b Legal Chartered for plaintiff present.
None for
Matter is adjourned to 08.05.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 08-05-2024
Date: 08-05-2024
Business: Court is on leave.
Next Purpose: JUDGMENT
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: P.O. is on Leave.
Next Purpose: JUDGMENT
Next Hearing Date: 11-07-2024
Date: 11-07-2024
Business: Court is on leave
Next Purpose: JUDGMENT
Next Hearing Date: 30-07-2024
Date: 30-07-2024
Business: Adv. Neha Kamble for plaintiff present.
However, the Ld. Predecessor was transferred. Hence the caption be changed to argument.
Matter is adjourned to 22.08.2024 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: Adv. Neha Kamble i/b legal Chartered for plaintiff present.
Matter is adjourned to 20.09.2024 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: Adv Neha Kamble i/b Legal Chartered for plaintiff present and argued the matter.
Matter is adjourned to 04.10.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 04-10-2024
Date: 04-10-2024
Business: Adv. Neha Kamble for plaintiff present.
As court is busy in dictating judgment in Suit No.9321/23, Suit 102/2016 and Sum Su 1162/14.
Matter is adjourned to 16.10.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: None present.
As court is busy in recording evidence in Suit 4347/84 and Suit No. 8839/99 and passing order in Ch/s No.103 of 2018.
Matter is adjourned to 16.11.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 16-11-2024
Date: 16-11-2024
Business: None present.
Steno is on leave and substitute steno not available.
Matter is adjourned to 05.12.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 05-12-2024
Date: 05-12-2024
Business: Adv. Neha Kamble for plaintiff present.
Court is busy in recording evidence in Suit No.4012/09 and H.C.T.B matter 188/15.
Matter is adjourned to 07.01.2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 07-01-2025
Date: 07-01-2025
Business: P.O is on leave.
Next Purpose: JUDGMENT
Next Hearing Date: 01-02-2025
Date: 01-02-2025
Business: None present.
Steno is on leave
Matter is adjourned to 21.02.2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 21-02-2025
Date: 21-02-2025
Business: None present.
Court is busy in passing order in Ch/s No.817/22, Ch/s No.819/2022 and NM No.1835/2023 and dictating order in Suit No.4775/2009.
Matter is adjourned to 02.04.2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: None present.
Court is busy in passing order in Ch/s No.1073/2024, recording evidence in Suit No.2653/2012 and dictating judgment in H.C.T.B Suit No.188/2015.
Matter is adjourned to 09.04.2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 09-04-2025
Date: 09-04-2025
Business: Disposed
Nature Of Disposal: DECREED
Disposal Date: 09-04-2025