Date: 02-01-2020
Business: Plaintiff present.
Defendant present.
Adv.Dharmendra Tiwari for plaintiff present.
Adv.Pravin Tiwari for defendant present.
Advocate for plaintiff tender original writ of summons @ service affidavit.
Advocate for defendant tender vakalatnama.
Advocate for defendant tender written statement.
Copies delivered to the plaintiff.
Matter adjd to 05.02.2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv.Santosh Thakur for plaintiff present.
Adv.Pravin Tiwari for defendant present.
Issues are framed.
Advocate for plaintiff tender application for affidavit in lieu of evidence @ list of document - Seen and verified.
Copy delivered to the defendant.
Matter adjd to 18.02.2020 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Plaintiff a/w Adv. Santosh Thakur present.
Adv. Rajesh Yadav for defendant present.
In view of written admission and denial, the defendant deny all the documents except letter Sr. No.4 in Exh.8. Hence, document letter Sr. No.4 be marked as an exhibited document.
Original covering letter dt. 22/10/2018 bearing outward no.1241 alongwith certified copy of complaint dated falsely lodged by the defendant with the Asstt. Commissioner of Police, Worli Division, Mumbai.
Plaintiff is directed to prove rest of documents by way of examination in chief.
Exh.10 Original simple mortgage deed dt. 3/6/2016 executed between the plaintiff and the defendant.
Exh.11 Original promissory note dt. 3/6/2016 executed by the defendant in favour of the plaintiff.
Exh.9A Original receipt for payment dt. 16/10/2018 alongwith original acknowledged appln. dt. 16/10/2018, under Right to Information Act, 2005, filed by the plaintiff before the office of Commissioner of Police, Worli Division, Mumbai while taking the Information under Right to Information Act, 2005.
Exh.12 Original office copy of mandatory notice dt. 13/3/2019.
Exh.13 Original postal dispatch receipt dt. 13/3/2019 in respect of dispatched of notice dt. 13/3/2019 issued by the postal authority.
Exh.14 Original acknowledgement card in respect of dispatch of demand notice dt. 13/3/2019 to the defendant from Town Hall Post Office, Mumbai.
Further examination chief is over.
Cross examination by adv. R.M. Yadav for defendant partly recorded
(On request of adv. for defendant, further cross examination is deferred).
Adjd to 23/3/2020 for Further cross examination of PW 1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: Recording evidence PH
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
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 recording evidence(P.H).
Next Purpose: RECORDING EVIDENCE P.H.
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 recording evidence (P.H.)
Next Purpose: RECORDING EVIDENCE P.H.
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 09/11/ 2020 for recording evidence. P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-11-2020
Date: 09-11-2020
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 23/11/ 2020 for recording evidence. PH.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-11-2020
Date: 23-11-2020
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 07/12/2020 for recording evidence.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None for palintiff.
None for defendant.
Matter adjd to 14.12.2020 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 06.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: None present for plaintiff.
Adv.Pravee Tiwari h/f.Adv.Rajesh Yadav for defendant present.
Matter adjd to 14.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Plaintiff present.
Defendant absent.
Adv.Thakur for plaintiff present.
Adv.for defendant absent.
Matter adjd to 08-02-2021 for R/E(PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Plaintiff present.
Adv.Santosh Thakur for plaintiff present.
Adv.R.M. Yadav for defendant present.
Further cross-examination of PW-1, Mr.Gaurioshankar Gupta commence and completed.
Matter adjd to 17.02.2019 for R/E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv.Santosh Thakur for plaintiff present.
Adv.R.M. Yadav for defendant present.
PW No.2-Ashokkumar R. Pasi resumed on S.A.
Cross-examination of PW-2 by Adv. R. M. Yadav commenced and concluded.
PW No.3-Lal Kapildeo Singh resumed on S.A.
Cross-examination of PW-3 by Adv. R. M. Yadav commenced and concluded.
Evidence closure pursis, Exh.17 filed by Adv. of plaintiff t.o.r.
Matter adjd to 25.02.2021 for R/E of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Plaintiff absent.
Defendant absent.
Adv.Dharmendra and Paritk Gupta h/f Adv. Santosh Thakur for plaintiff present.
Adv. Rajesh Yadav for defendant present.
K.B.
L.O. at 12.00 p.m.
Affidavit of examination in chief of defendant filed by defendant
Matter adjd to 02.03.2021 for R/E of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Plaintiff present.
Adv.Santosh Thakur for plaintiff present.
Adv.R.M. Yadav for defendant present.
DW No.1 - ROHIT DAYASHANKAR TIWARI RESUMED ON S.A.
Complaint with police dated 25.08.2016 which is Article-A, Exh.19
Evidence closure pursis, Exh.20 filed by Adv. of deft. t.o.r.
Matter adjd to 08.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Plaintiff present.
Adv.Santosh Thakur for plaintiff present.
Adv.Pradeep Tiwari for defendant present
Written argument, Exh.21 filed by Adv. of plaintiff t.o.r.
O-filed.
Matter adjd to 10.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv.Santosh Thakur a/w. Adv.Pratik Gupta for plaintiff present.
Adv.R.M. Yadav for defendant present.
Heard argument of Adv.R.M. Yadav for defendant and Adv.Santosh Thakur for plaintiff.
Matter adjd to 16.03.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv.Santosh Thakur for plaintiff present.
Adv.Pravin Tiwari for defendant present.
As Court is busy in other matters, hence, matter adjourned.
Matter adjd to 17.03.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv.Pratik Gupta h/f. Adv.Santosh Thakur for plaintiff present.
Adv.Dharmendra Tiwari for defendant present.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. The Suit is decreed with costs.
2. The defendant is directed to pay to the plaintiff a sum of Rs.3,60,000/-(Rupees Three Lakhs Sixty Thousand Only) with interest of 6 percent per annum after 11 months from 03.06.2016 till the date of filing of suit. The defendant is further directed to pay to the plaintiff the interest at the rate of 6 percent per annum on principal amount of Rs.3,60,000/- from the date of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 17-03-2021