Date: 03-01-2020
Business: Adv. B. S. Patil for plaintiff present and stated that time be extended for service of notice of motion on respondent and defendant. O- Time extended till next date.
Adjd for report to 07/03/2020.
Next Purpose: REPORT
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Adv. B. S. Patil for plaintiff present.
Adjd for report to 28/03/2020.
Next Purpose: REPORT
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Next Purpose: REPORT
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Next Purpose: REPORT
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: Adv.B.S. Patil for plaintiff present.
None for defendant.
Today matter is for report.
He seeks time for report. Time granted till next date.
Matter adjd for report to 09-03-2021.
Next Purpose: REPORT
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv. B.S. Patil for plaintiff present.
None for defendant.
Ld Adv for plaintiff tendered original registered NM no. 4850 of 2019 along with affidavit t.o.r.
ld adv for plaintiff not pressed the NM no. 4850 of 2019.
Order passed in Notice of Motion No. 4850 of 2019-
The NM is not pressed by the adv of plaintiff today. Hence, it is disposed of as dismissed for want of prosecution.
Ex.02 Affidavit of service already on record. O-Seen.
Perused affidavit of service. Bailiff report is filed with the affidavit of service. It is mentioned therein that on 25-11-2019 defendant accepted writ of summons and signed as an acknowledgement of service of writ of summons.
Perused Order 37 Rule 3 Sub Rule 1 of CPC. As per the said provision the defendant may at any time within 10 days of service enter an appearance either in person or by leader and, in either case, he shall file in court an address for service of notices on him.
Defendant inspite of service of writ of summons as per service affidavit, Ex.02 did not remain present within 10 days from the date of service of writ of summons. Hence, suit be proceeded exparte against defendant.
Matter adjd for exparte evidence to 03-04-2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv. B.S. Patil for plaintiff present.
None for defendant.
Matter adjd for exparte evidence to 21-04-2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation. As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded. As per Clause No. 4 of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. B.S. Patil for plaintiff present.
None for defendant.
Ex.03 Claim affidavit t.o.r. O- R and R.
Ex.04 List of document t.o.r. O- Be filed.
KB L.O. at 12.21 pm
Heard ld adv for plaintiff on admissibility of documents.
Ex.05 Original demand Promissory note dated 20-04-2019.
Ex.06 Office copy of demand notice dated 30-09-2019 along with postal receipt and acknowledgement.
Article A Money Lending License.
Article B Cash book and Ledger book.
Ex.07 Evidence closing pursis t.o.r. O- Seen.
Matter adjd for exparte argument to 09-11-2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv. Balbheem Patil for plaintiff present.
None present for deft.
Argument heard.
Matter Adjd for Ex-parte Judgement on 01/12/2021.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Balbheem Patil for plaintiff present.
None present for defendant. Suit is already proceeded ex-parte against defendant.
F.R.S.R. following order in Summary suit no. 1047 of 2019 is passed-
1. The Summary Suit no. 1047 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs. 2,98,700/-(Rupees Two Lacs Ninety Eight Thousand Seven Hundred only) to the plaintiff with interest on the principal amount of Rs.2,90,000/- (Rupees Two Lacs Ninety Thousand Only) at the rate of 9 percent p.a. from the date of filing of the suit till its realisation.
3. Decree be drawn up accordingly.
4. Court fee be refunded to the plaintiff if any as per rules.
5. Judgement dictated and pronounced in open court.
R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 01-12-2021
