Date: 08-01-2020
Business: Adv. Sujata Dahigaonkar h/f Adv. Sandhya Nanavare for plaintiff is present and submits that plaintiff has already issued writ of summons to the defendant but report is awaited. Hence requests for adjournment.
At the request of advocate for plaintiff, adjourned to 17.01.2020 for report of writ of summons.
Next Purpose: REPORT
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Adv. Sujata Dahigaonkar for plaintiff is present and filed affidavit of service of writ of summons. TOR and marked as Exh.2.
It appears that the writ of summons sent through speed post could not be served and packet return with remark intimation posted.
Issue fresh writ of summons through Baillif and through RPAD returnable on 03.02.2020.
Plaintiff to take steps to serve to respondent.
Adjourned to 03.02.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv. Sujata Dahigaonkar for plaintiff is present and submits that service report is awaited and seeks three weeks time to file affidavit of service.
Adjourned to 25.02.2020 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv. Sujata Dahigaonkar for plaintiff is present and filed affidavit of service. TOR and marked as Exh.3.
It appears from affidavit of service that the packet containing copy of writ of summons served to defendant has returned with remark unclaimed.
Plaintiff to take steps to serve defendant through proper service and file affidavit of service.
Adjourned to 06.03.2020 for Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv. Sujata Dahigaonkar for plaintiff is present and filed affidavit of service of writ of summons alongwith Bailiff report. TOR and marked as Exh.4.
Inspite of service nobody appear on behalf of defendant.
KB
Later on at 03.20 pm.
Adv. Sujata Dahigaonkar for plaintiff is present.
None present for defendant.
Adjourned to 17.03.2020 for ex-parte Order.
Next Purpose: ORDER
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for order to 01.04.2020.
Judge
Next Purpose: ORDER
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: ORDER
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: ORDER
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 30-06-2020
Date: 30-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National Lockdown
Next Purpose: ORDER
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Business: National Lockdown
Next Purpose: ORDER
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Advocate Sandhya Nanaware for plaintiff is present.
None present for defendant.
In view of belief report dated 05.03.2020 alongwith writ of summons, the suit summons is duly served on the defendant. The defendant is absent when called out. Hence, this matter is proceed ex-parte against the defendant.
Adjourned for (ex-parte) evidence to 29.10.2020.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 19.01.2021.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv. Sujata Dahigavkar for plaintiff, prayed for adjournment.
None for defendant
Matter is adjd.to 22-01-2021 for Evidence (ex-parte).
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adv. Sujata Dahigaokar for plaintiff present.
None for defendant
Exh. 5 - VP of Adv. Nanavare.
Exh. 6 - Draft C/S is treated as application. There is no
service of summons to defendant. It is allowed to carry out
the amendment as name of the bank is changed as per
notification of Central Government dtd. 01-04-2020.
Plaintiff to carry out the amendment within a week.
Matter is adjd.to 02- 02-2021 for evidence
(ex-parte)/service of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Sujata Dahigavkar for plaintiff , submits that in view of bailiff report vide Exh. 4 summon was duly served and (ex-parte) order is already passed on 29-09-2020. Accordingly, roznama is corrected.
None for defendant
Matter is adjd.to 02-03-2021 for R/E (ex-parte).
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Ms. Sujata Dahigaonkar for plaintiff, prayed for adjd.
None for defendant.
Matter is adjd.to 06.04.2021 for R/E (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: None present for both sides.
Matter is adjd.to 06.07.2021 for Evidence (Ex-parte)
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 09.08.2021 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Adv. Sujata Dahigavkar for plaintiff present.
Matter is adjd.to 30-08-2021 for (ex-parte) evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv. Sujata Dahigavkar for plaintiff present and sought time for filing evidence affidavit – granted.
Matter is adjd.to 21-09-2021 for R/E(ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv. Sujata Dahigavkar for plaintiff present and filed application for adjournment t.o.r. - allowed.
Matter is adjd.to 28-10-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv. Snehal Modi along with Pradeep More for plaintiff present and submitted that copy of C/S, Notice of Motion and Exh. 6 have been provided to defendant no. 2 on 12-03-2020, 13-03-2020 and 27-02-2020 Respectively and Adv. for defendant no. 2 made received signature at the back side of C/S, NM and Exh. 6. Adv. Pradeep More submitted that defendant no. 2 has not filed reply to any of these three proceedings.
On perusal of record, it appears that ex parte order is passed against defendant no. 1 and 2 on 11-02-2021. Defendant no. 2 has already filed written statement Exh. 4 on 04-01-2021. Defendant no. 2 has not filed the reply to C/S and Exh. 6. As defendant no. 2 failed to file reply within reasonable period to above referred C/S, C/S No. 431/21 is heard today without reply of defendant no. 2.
Heard Adv. Snehal Modi on C/S No. 431/2021.
None for defendant
On perusal of C/S, it appears that defendant no. 1 is unregistered partnership firm and defendants no. 2 and 3 are partners of the said firm. Contents in affidavit in support revels that proposed defendants no. 3 and 4 are also partners of the said firm. Therefore, they are necessary parties to the proceeding in view of their joint and several liability as per section 25 of the Indian Partnership Act, 1932. Hence, C/S No. 431/21 is made absolute in terms of prayer clause (a). The plaintiff is directed to carry out amendment as per schedule annexed with C/S within 14 days from today.
C/S No. 431/21 is disposed off.
Matter is adjd.to 25-11-2021 for Compliance (2.45pm)
LO
Adv. Nilima Mangaonkar for defendant present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: None for plaintiff.
Matter is adjd.to 21-12-2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: None for plaintiff.
Matter is adjd.to 15-01-2022 for ex parte R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: None for plaintiff.
Matter is adjd.to 18-02-2022 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present and filed
Evidence close pursis t.o.r. and marked as Exh.18
Heard Ld. Adv. Sujata Dahigaonkar for plaintiff.
Matter is adjd.to 21-02-2022 for ex parte Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Stenographer is not available. Hence, short date be given for judgment.
Matter is adjd.to 24-02-2022 for ex parte judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv. Sujata Dahigaonkar for plaintiff present.
Exh.19 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 238 of 2019 is decreed.
2. The defendant is directed to pay amount of Rs. 4,66,349.09/- (Rupees Four Lakhs Sixty-six Thousand Three Hundred Forty-Nine and Paise Nine Only )to the plaintiff with interest @ 10.75 percent p.a. with monthly rest from the date of the suit till the date of realization within period of three months from the date of decree.
3. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 24-02-2022