Date: 12-03-2020
Business: Advocate Ms. Kripa Singhani for Plaintiff present and sought time to file affidavit of service of writ of summons. Considering submissions adjourned.
None present for Defendant.
Case is adjourned to 25/06/2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Business: As holiday was declared, taken on 27/08/2020.
Adjourned due to Covid-19.
Next Purpose: SERVICE
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 05.02.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv Ms. Devyani Katira for plff present and filed VP at Exh.2 on behalf of the plff. She also filed affidavit of service of writ of summons on defts. at Exh.3.
The contentions raised in the affidavit of service are supported by the postal acknowledgment.
Deft Nos.1 and 2 are properly served on 18.03.2020 but they failed to appear hence, suit to proceed Ex-parte against both defts.
Adjd. for Ex-parte evidence to 17.04.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. Smt. Devyani Katira for plaintiff present.
None present for defendant.
KB LO at 11.45 pm.
Advocate for the plaintiff seeks adjournment for filing certificate u/s 65(B) of Evidence Act in support of the hard copy of e-mail produced with list Exh.5.
Matter is adjd. for hearing/admission and denial to 05/10/2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv Ms. Devyani Katira present for plff and filed certificate u/s 65 B of Evidence Act along with pursis Exh.6.
None present for deft.
K.B.
L.O. at 11.30 a.m.
Same appearance as above.
Matter is adjd. for hearing about admission denial to 20.10.2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: None present for both parties.
As nobody is present for the plff and as court is busy in other old matters, this matter is adjd at same stage till next date.
Matter is adjd. for admission denial to 23.11.2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv Ms. Kataria present for plff.
None present for deft.
Adv. for the plff seeks adjournment.
Matter is adjd. for admission denial to 02.12.2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Plff present in person with his Adv. Ms.Kataria.
None present for deft.
Further examination in chief of PW-1 recorded orally by Adv Ms.Kataria for the plaintiff on S.A. following documents are marked as exhibits during further examination in chief of PW-1.
Original brochure of Mangalam Aroma.
Extract of Bank statement containing entry dt.01.06.2016 in respect of NEFT.
Hard copy of E-mail.
Certificate u/s 65B of Evidence Act in support of Exh.9.
Office copy of letter dt.04.09.2017 along with RPAD receipt.
Office copy of letter dt.15.02.2019 along with postal receipt.
Copy of complaint dt.07.04.2019 along with copy of FIR.
Certified copy of bank statement alongwith the postal envelope.
Reply letter dt.14.06.2019 received from the deft.
Office copy of reply letter dt.10.07.2019 alongwith RPAD receipt.
Letter dt.10.07.2019 to Jyoti Nagar police station, Jaipur by RPAD.
RPAD receipt Exh.17.
Matter is adjd. for further evidence of plff. to 14.12.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Adv Ms. Kataria present for plff. and filed evidence closure pursis at Exh.18.
Suit against deft is ex-parte.
Matter is adjd. for argument to 10.01.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Smt. Kataria for plaintiff present and filed written argument on behalf of plaintiff at Exh.19.
Suit against defendant is exparte.
Matter is adjourned for judgment to 27.01.2022.
Judge
Next Purpose: JUDGMENT
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Adv Ms. Kataria for plff present.
None present for deft.
Matter is kept for Judgment today.
Ld. advocate for plff requested to grant her opportunity to advance oral argument on law points. Since the matter is ex-parte, on request of ld. Advocate for the plff, liberty is granted to her to make oral argument on law points. In the result, the Judgment is postponed.
On request of adv. for plff, matter be kept for argument on law point on 05.02.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Plff present. Adv Ms. Kataria present for plff. and filed application Exh.20 for seeking permission to allow the plff to adduce further evidence and to produce additional documents in support of the claim.
Application is supported by affidavit filed at Exh.20/A.
None present for deft.
Heard. For the reasons stated in the application and considering the fact that deft remained ex-parte, application Exh.20 is allowed and plff is permitted to adduce further evidence and produce additional documents. Adv for the plff has produced documents with list Exh.21. She seeks time to file additional affidavit in lieu of examination in chief in respect of the documents produced with list Exh.21.
Matter is adjd. for additional affidavit to 17.03.2022.
Next Purpose: FOR___________________
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: PW-1 present. Adv Devyani Kataria present for plff.
None present for defts.
Adv for plff filed additional affidavit in lieu of examination in chief of PW-1 Bhavanji at Exh.4/A.
Matter is adjd. for order about exhibiting documents to 12.04.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Court is on leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv Smt. Kataria present for plff.
None present for deft.
Heard argument of adv for plf about admission denial of additional documents produced with list Exh.21 by the plff.
K.B. L.O.at 12.25 p.m.
Further order about admission denial of documents produced with list Exh.21 is passed below Exh.4 and 4/A and following documents are marked as exhibits.
Copy of rental agreement is at Exh.22.
Copies of bank statements are at Exh.23(colly).
Copies of bank statements are at Exh.24(colly).
Receipt issued by M/s K.Juris is at Exh.25.
Receipt issued by Adv Pramod Kumar Sharma is at Exh.26.
Receipt issued by Adv Devyani Kataria is at Exh.27.
Receipts, tax invoices, fare tickets etc. are at Exh.28(colly).
Suit against defts is ex-parte hence, no cross examination.
Matter is adjd. for further evidence of plff to 21.06.2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: Adv.Devyani Kataria for plaintiff present. She filed evidence close pursis t.o.r. and marked as Exh.29.
None present for deft.
Matter adjd to 20.08.2022 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Adv.Smt.Devyani Katira for plaintiff present.
KB
LO at 12.25 pm
Adv.Smt.Devyani Katira for plaintiff present. She filed additional written argument t.o.r. and marked as Exh.30.
Heard final argument of Adv.of plaintiff.
Matter adjd to 30.08.2022 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv.Devyani Katira for plaintiff present.
None present for defendant.
KB
LO at 01.45 pm
None present for both sides.
Matter adjd to 12.09.2022 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: None present for both sides.
KB
LO at 01.00 pm
Adv.Devyani Kataria for plaintiff present.
Matter adjd to 23.09.2022 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Adv. Devyani Kataria for plaintiff present.
None present defendant.
Plaintiff advocate filed 2 setes of citation. t.o.r.
Matter adjd. to 11.10.2022 for Ex-party judgment.
Judge
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: None present for both sides.
KB
LO at 11.45 am
None present for both sides.
KB
LO at 12.00 noon
None present for both sides.
KB
LO at 01.15 pm
None present for both sides.
Matter adjd to 01.11.2022 for ex-parte judgment.
Judge
LO at 01.55 pm
Adv.Devyani Kataria for plaintiff present.
Matter adjd to 01.11.2022 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Ms.Devyani Katira for plaintiff present.
KB
LO at 05.45 pm
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. The suit is partly decreed with costs.
2. The defendant No.1 do pay to the plaintiff an amount of interest only @ 6 percent p.a. on an amount of Rs.21,33,000/- for the period from 17.08.2017 till 10.06.2019.
3. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 01-11-2022
