Date: 06-01-2020
Business: Adv. B. S. Patil for plaintiff present.
Plaintiff present.
Adv. for plaintiff filed joint affidavit of service.
The report of bailiff Ramesh Yadav shows that defendant No. 1 and 2 are duly served on 14/11/2019. The defendant failed to file appearance within 10 days of service of writ of summons. Hence suit to proceed ex-parte against defendant No. 1 and 2.
Exh- 1 Plaint
Exh- 2 Vakalatnama
Exh- 3 Memorandum of address
Exh-4 List of documents.
Exh- 5 Affidavit of service
Exh- 6 Adv. for plaintiff filed affidavit of evidence.
Exh- 7 Adv. for plaintiff filed compilation of documents.
Exh- 8 Original copy of Friendly help MOU of loan agreement dt. 11.07.17
Exh- 9 Original two dishonored cheque dt. 01.01.18 and 04.02.19
Exh- 10 Demand notice dt. 12.06.19
Exh- 11 Five original postal receipts
Exh-12 Original return packet
Exh-13 Original acknowledgement card.
Exh- 14 Adv. for plaintiff filed evidence closure pursis.
Adjd for ex-parte argument to 01/02/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Adv. B. S. Patil for plaintiff present.
Heard arguments of adv. for plaintiff
Adjd for ex-parte judgment to 29/02/2020.
Next Purpose: JUDGMENT
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Plaintiff present.
Adjd for judgment to 04/04/2020.
Later on
Adv. B. S. Patil for plaintiff present.
Adv. for plaintiff requested for short date as defendant has retired. However plaintiff was present he did not say anything. Therefore once the date is given it cannot be changed as it is ex parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lock Down
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: National lockdown
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Plaintiff present. Adv. B.S. Patil for plaintiff present.
None for defendant.
Today matter is for exparte judgement.
Due to change of assignment, matter adjourned for re-argument.
He seeks time to argue. Time granted till next date.
Matter adjd for re-argument to 15-02-2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. B.S. Patil for plaintiff present.
None for defendant.
Today matter is for exparte argument.
Heard Ld Adv for plaintiff.
Matter adjd for exparte judgement to 26-02-2021.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. B.S. Patil for plaintiff present.
None for defendant.
Steno is on leave.
Court is busy hearing in CS 614 of 2017 in SU 4857 of 2008, NM 145 of 2018 in Summary Suit no. 121 of 2014, NM 150 of 2018 in Summary Suit no. 120 of 2014 and Charge framed in SC 210 of 2019.
Matter adjd for exparte judgement to 08-03-2021.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv.B.S. Patil for plaintiff present.
None for defendant.
Ex.15 Judgement.
F.R.S.R. following order is passed-
ORDER
Summary Suit no. 1049 of 2019 is partly decreed with costs as under-
1. Defendant no. 1 Manesh do pay a sum of Rs. 4,00,000/-(Four Lakhs only) to the plaintiff with interest at the rate of Rs. 9 percent per annum from the date of judgement i.e. from 08-03-2021 till its full realisation.
2. Suit against defendant no.2 is dismissed.
3. Court fee if any be refunded to the plaintiff as per rule.
4. Decree be drawn up accordingly.
5. Judgement dictated and pronounced in open Court.
R and P be sent to Record Department.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 08-03-2021
