Date: 27-01-2020
Business: THE COURT IS ON LEAVE TODAY.
Mr. Sultan Ahmed Qureshi, Proprietor of Plaintiff present.
Adv. Sanjay Shinde for plaintiff present.
Adjd to 30.01.2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Pratham Shiravale i/b Adv. Sanjay Shinde for plaintiff is present.
Adjourned to 07.02.2020 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv. Pratham Shiravale i/b Adv. Sanjay Shinde for plaintiff is present.
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Later on
Adv. Sanjay Shinde a/w Adv. Pratham Shiravale for plaintiff is present.
Adjourned to 18.02.2020 for Direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Sanjay Shinde for plaintiff is present.
Adjourned to 24.02.2020 for Direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Yogesh Katira i/b Adv. Sanjay P. Shinde for plaintiff is present.
Issue writ of summons to defendant returnable to 16.03.2020.
Plaintiff to take steps to serve writ of summons to defendant.
Adjourned to 16.03.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Advocate for plaintiff is present.
None present for defendant.
Adjourned for service of writ of summons to 07.04.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for service of writ of summons to 05.11.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Propritor of plaintiff is present.
Advocate for plaintiff is absent.
None present for defendant.
Adjourned for writ of summons to 11.01.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv. Sanjay Shinde for plaintiff present.
None for defendant
Exh. 2 - service affidavit of plaintiff, summons is duly served on defendant by RPAD. Hence, suit to proceeding (ex-parte).
Exh. 3 - Statement of truth submitted by plaintiff.
Matter is adjd.to 16-02-2021 for hearing (ex-parte).
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv Mr. Rohit Brerekar for plaintiff, prayed for adjd.
None for defendant.
Matter is adjd.to 23.02.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 05.03.2021 for hearing (ex-parte)
Next Purpose: HEARING
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv. Mr. Rohit Verekar for plaintiff present.
None for defendant.
Exh.4- Affidavit of evidence, PW-1 Sultan Qureshi.
Exh.5- List of documents.
In view of evidence PW-1, documents are exhibited as follows.
Exh.6- Certified copy of agreement for sale dtd. 31.12.2010 executed by plff. in favour of deft.
Exh.7- Copy of letter dtd. 10.05.2012 submitted on 22.05.2012 for occupation certificate by Vijay Bahulekar and Associates Architects.
Exh.8- Copy of printout of Light Bill in respect of suit property in the name of deft. for the month of Feb.2021.
Exh.9- Original postal receipts dtd. 25.09.20218 and 28.03.2019 issued by Postal Dept.
Exh.10- Original copy of the legal notice dtd. 19.09.2018 sent to the deft. through adv. shinde.
Exh.11- Copy of the printout from the website of the postal office in respect of the postal article sent to the deft.
Exh.12- Evidence close pursis filed by plff.
Matter is adjd.to 15.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. Mr. Sanjay Shinde for plaintiff, prayed for adjd to file additional documents.
None for defendant.
Matter is adjd.to 30.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv. Mr. Sanjay Shinde for plaintiff present.
None for defendant.
Exh.13- Additional affidavit of chief examination of PW-1 Sultan Qureshi.
Exh.14-Application todays documents- Allowed to produce.
Exh.15- List of documents.
In view of additional affidavit of PW-1 vide Exh.13, documents are marked as follows.
Exh.16- Notice reply dtd. 17.08.2019 sent by the deft. through his adv. Mukesh Jain addressed to plff. adv.
Exh.17- Copy of the order dtd. 10.08.2020 as passed by the Dist. Dy. Registrar, Mumbai in Deemed conveyance proceedings.
Exh.18- Copy of affidavit dtd. 30.08.2018 filed by the Silver Arc Co.Op. Society\''s office bearers in respect of the occupation certificate.
Exh.19- Evidence close pursis filed by plff.
Matter is adjd.to 20.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 15.06.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: Adv. Mr. Sanjay Shinde for Plff.
None for Deft.
Heard arguments of Adv. Shinde for Plff.
Matter is adjd.to 06.07.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Adv. Sanjay P. Shinde for Plaintiff present. None for Defendant. Exh.20-Judgment.
F.R.S.R. following order is passed ORDER
1. Commercial Suit No. 267/2019 is decreed.
2. The defendant is directed to pay amount of Rs.10,67,500/- (Rupees Ten Lakhs Sixty-seven Thousand Five Hundred Only) to the plaintiff with interest at the rate of 9 percent p.a. from the date of filing of the suit till the date of realization of the amount, within three months from the date of decree.
3. The defendant shall bear the costs.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 06-07-2021