Date: 09-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Devani for plaintiff present.
Adv.for defendant absent.
Matter adjd to 28.01.2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Devani for plaintiff present.
Adv.for defendant absent.
KB.
LO at 12.45p.m.
Advocate for plaintiff submitted that writ of summons is sent. However, report is yet to be received.
Matter adjd to 03.02.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv. for plaintiff absent.
Adv. for defendant absent.
In view of order dated 06.01.2020 writ of summons is issued. However, plaintiff absent failed to file affidavit of service. Hence, suit is keep for order on next date.
Matter adjd to 12.02.2020 for order.
Judge
LO at 12.15p.m.
Adv.Mahesh Dewani for plaintiff present and tender application for taken on board.
Advocate for plaintiff tender affidavit of service.
Matter adjd to 12.02.2020 for order.
Next Purpose: ORDER
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv.Mahesh Devani for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff already tender affidavit of service. Today, he is filed original writ of summons.
Matter adjd to 02.03.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv.Mahesh Devani for plaintiff
Adv.for defendant absent.
In view of affidavit of service defendant not claim Writ of Summons which is issued on his correct address. Def. fail to challenge address over it. proper service - absent today, hence suit is proceeded ex-parte against defendant.
Matter adjd to 23/3/2020 for Ex-parte evidence on the side of Plff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
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: EX-PARTE EVIDENCE
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: EX-PARTE EVIDENCE
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: EX-PARTE EVIDENCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
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: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020
Matter adjd to 17/10/2020 for Ex-party evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Business: As Court is on leave
Next Purpose: EX-PARTE EVIDENCE
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 25/11/ 2020 for ex-parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
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 16.12.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 04.01.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 19.01.2021 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 11.02.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv.Mahesh Devani for plaintiff present.
None present for defendant.
Adv.of plaintiff orally requested time. Time granted.
Matter adjd to 05.03.2021 at 03.00 pm for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv.Mahesh Devani for plaintiff present.
None present for defendant.
PW-1, Mr.Harshad Champaklal Shah resumed on S.A.
Order below Exh.8
The documents in the list are exhibited formally. Its evidentiary value will be considered at the time of final argument.
Savings Bank Passbook of the plaintiff with account No.041901000001890 with Bank of Baroda, Vile Parle (East), Mumbai-400 057, Exh.9 colly.
Certificate dated 29th December, 2018 of Bank of Baroda, Vile Parle (East) Branch, Mumbai- 400 057, Exh.10.
Copy of the plaintiff\''s advocates letter dated 11th April, 2018 with track report downloaded from the official website of Postal Department, Exh.11.
Copy of the plaintiff\''s advocates letter dated 25th May, 2018 with acknowledgement, Exh.12.
Track report, Exh.13 and acknowledgement, Exh.14.
Evidence closure pursis, Exh.15 filed by Adv. of plaintiff t.o.r.
Matter adjd to 09.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv.Mahesh Devani for plaintiff present.
None present for defendant.
Heard argument of Adv. of plaintiff.
Matter adjd to 15.03.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: None present for plaintiff.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1.Suit is decreed with costs.
2.The defendant is directed to pay to the plaintiff a sum of Rs.12,00,000/-(Rupees Twelve Lakhs Only) with interest at the rate of 10 percent per annum from 11.05.2018 till the date of filing of suit.
3. The defendant is further directed to pay the interest at the rate of 10 percent per annum on the principal amount of Rs.12,00,000/-(Rupees Twelve Lakhs Only) from the date of filing of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 15-03-2021