Date: 20-02-2020
Business: None present.
L.O.
Adv for plaintiff Mr.Balbheem Patil present.
Adv for plff. filed Affidavit of Service with the remark that writ of summons is received by defendant.
O-It appears deft has fail to appear in the suit. Hence, suit to proceed exparte against defendant.
Matter is Adjd for Exparte Evidence to 04.04.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Business: Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: P.O. is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: P.O. is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Balbheem Patil for plaintiff is present.
None for defendant.
On oral request of Adv.for the plaintiff matter KB
LO at 12.55 p.m.
Plaintiff Santosh Gadge is present. He has filed his affidavit in lieu of examination in chief as PW No.1.
Oath is administered to the witness.
He has submitted that he has doing money lending business.
He has admitted the contents of the affidavit and signature therein. Therefore it is read and recorded. Therefore it is now marked as Exh.2.
Along with the affidavit there is list of documents. There is now marked as Exh.3.
In view of the affidavit evidence the promissory note is now marked as Exh.4.
The demand notice along with the postal acknowledgement are now marked as Exh.5 (colly).
The witness has submitted that he will file the copy of money lending license on next date.
Matter adjd for filing of document on 03.04.2021.
Next Purpose: FOR___________________
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv.Balbheem Patil for plaintiff present and oral reqeust matter is K.B.2 pm.
None for deft. .
K.B..LO
None appeared. Document not filed.
Matter adjd.to 27-04-2021 for filing documents.
Next Purpose: FOR___________________
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 09.08.2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: PO is on Leave.
Next Purpose: FOR___________________
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.20 pm
Adv.Mr.B.S. Patil for plaintiff present.
Adv. of plaintiff filed additional document with list of documents, Exh.6 t.o.r.
Plaintiff wants to file evidence close pursis, keep back.
LO at 01.50 pm
Adv.Mr.B.S. Patil for plaintiff present and filed evidence closing pursis, Exh.7 t.o.r. O-Filed.
Matter adjd to 02.09.2021 for ex-parte argument and judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.13 pm
None present.
Matter adjd to 04.09.2021 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Adv.Balbhim Patil for plaintiff present.
None present for defendant.
Partly heard Adv.of Patil.
Matter adjd to 18.09.2021 for further argument on the point of jurisdiction.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Adv.Balbheem Patil for plaintiff present.
None present for defendant.
Heard Adv.Mr.Balbheem Patil.
Matter adjd to 30.09.2021 for order in respect of jurisdiction.
Next Purpose: ORDER
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 05.30 pm
None present.
(As Court is busy in recording evidence in Com.SU 100/21 and dictating judgment in Com.SU 122/19, Com. SU 123/19, NM No.1887/21, NM 732/20, Com.SU 466/21, hence, adjourned.)
Matter adjd to 12.10.2021 for order in respect of jurisdiction.
Next Purpose: ORDER
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv.Balbheem Patil for plaintiff present.
None present for defendant.
KB
LO at 02.45 pm
(As PO is on leave in 2nd Session, hence, matter adjourned.)
Matter adjd to 26.10.2021 for order in respect of jurisdiction.
Next Purpose: ORDER
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 3.25 p.m.
None appear.
ORDER
Read the plaint. It is the contention of the plaintiffs that plaintiff has advanced friendly loan to the defendant. Recently, the Hon\''ble Calcutta High Court in Ladymoon Towers Pvt. Ltd. Vs. Mahendra Investment Advisors Pvt. Ltd. IA No. GA/4/2021 in CS/99/2020 dated 13.08.2021 held that, cases of friendly loan will not be covered in the definition of commercial dispute. Hence, the suit cannot be proceeded in the commercial courts. Accordingly, the Registrar (Civil) to assign the suit to the proper Court.
Matter adjd to 23.11.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Adv B.S. Patil for plaintiff present.
None for defendant.
Matter is adjd to 14.02.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv B.S. Patil for plaintiff present.
None for defendant.
Matter is adjd for ex-parte argument on 16-02-2022
Next Purpose: ARGUMENTS
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv B. S. Patil for plaintiff present.
None for defendant.
Matter is adjd for ex-parte arguments on 18-02-2022
Next Purpose: ARGUMENTS
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv B. S Patil for plaintiff present.
None for defendant.
Matter is adjd for argument on 22-04-2022
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: PO is on training. Matter adj. to
Next Purpose: ARGUMENTS
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: None for plaintiff.
None for defendant.
Matter is for ex-parte argument.
Matter is adjd. to 19.07.2022 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Balbheem Patil for Plaintiff present.
Argument heard.
Matter adjourned to 01.08.2022 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. B. S. Patil for Plaintiff present.
None for Defendant.
FRSR following order is passed-
ORDER
1)Summary Suit No.981 of 2021 is hereby partly decreed with costs.
2)Defendant do pay an amount of Rs.4,00,000/-(Rupees Four Lakhs Only) to the plaintiff along with interest at the rate of 06percent per annum from the date of judgment and decree dated 01/08/2022 till its full realization.
3)Decree be drawn up accordingly.
4)Plaintiff is entitled for refund of Court fees, as per rules.
Nature Of Disposal: JUDGMENT
Disposal Date: 01-08-2022