Date: 12-02-2020
Business: Adv for plaintiff Mr.Suryavanshi present.
Adv for deft Mr.Nihar present.
Adv for deft requested for adjournment. O-Granted.
Adv for plff. filed original writ of summon with summons report that deft has received summons through his father.
Matter is Adjd for Steps to 24.03.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Business: Due to Covid-19 pandemic no one is present today matter is adjourned
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: None present.
Matter is adjd for steps on 18.06.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 09.07.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 09.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: PO is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-08-2021
Date: 28-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.47 pm
Adv.Shraddha Jadhav h/f.Adv.S.M. Suryavanshi for plaintiff present.
Adv. of plaintiff tendered draft summons for judgment a/w affidavit in support. O-Leave granted to register Summons for Judgment.
Matter adjd to 28.09.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv.Santosh Suryawanshi for plaintiff present.
None present for defendant.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
Original writ of summons a/w. report is already filed on 21.02.2020. Today it is marked as Exh.5.
The plaintiff tendered register summons for judgment No.100/21 a/w. affidavit t.o.r.
Plaintiff filed service affidavit in SJ No.100/21, Exh.6 t.o.r.
O-Read the service affidavit. Notice is unserved. Allowed to serve through bailiff.
Matter adjd to 25.10.2021 for service affidavit in SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Shraddha Jadhav present for plaintiff.
None present for defendant.
The plaintiff wants to file application for extension of time.
KB
LO at 12.50 p.m.
Plaintiff filed application for service of summons for judgment on the defendant through bailiff t.o.r. marked as Exh.07.
O-Allowed to serve SJ through bailiff.
Matter adjd to 22.11.2021 for filing service affidavit in SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.05 p.m.
Adv.Shraddha Jadhav h/f Adv.S.M.Suryawanshi for plaintiff present.
Registered SJ is not tendered.
Record shows that there is endorsement about receipt of suit summons Exh.05. Hence, it appears that suit summons under Order XXXVII Rule 2 is received to the defendant. It also appears that the defendant filed the appearance. Hence, plaintiff to verify whether SJ can be filed.
Matter adjd to 14.12.2021 for steps/tendering of registered SJ.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 01.02.2022 for steps and tendering of registered SJ.
Judge
LO at 12.42 pm,
Adv.S.M.Suryavanshi for plaintiff present.
The plaintiff tendered registered SJ No.100/21 a/w. affidavit t.o.r.
The plaintiff filed application, Exh.8 for withdrawal of SJ No.100/2021.
Heard the Ld.Adv.for the plaintiff. In view of plaintiffs submission and as the plaintiff do not want to proceed with SJ No.100/2021, the plaintiff is allowed to withdraw the SJ, hence, I passed the following order.
ORDER ON SJ 100/2021
1. Summons for Judgment No.100/2021 is dismissed as withdrawn.
2. Plaintiff to bear costs of Summons for judgment.
Matter adjd to 01.02.2022 for steps by pltff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Adv.Shraddha Jadhav h/f.Adv.Suryawanshi for plaintiff present.
None present for defendant.
The plaintiff filed application, Exh.9 to proceed the suit as ex-parte.
KB
LO at 02.15 pm,
The plaintiff to make submissions regarding the application, Exh.9 and present status of the suit.
Matter adjd to 23.02.2022 for order on Exh.9.
Next Purpose: ORDER
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.25 pm,
Adv.Shraddha Jadhav h/f. Adv.Santosh Suryavanshi for plaintiff present.
Heard.
ORDER BELOW EXH.1
Read the roznama dated 12.02.2020. Read the bailiff report in writ of summons Exh.5. The defendant was served with the suit summons under Order-37, Rule-2 of CPC. The defendant failed to file his appearance. Hence, suit to proceed ex-parte. Application Exh.9 is disposed of accordingly.
Matter adjd to 17.03.2022 for R/E (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: None present for plaintiff.
None present for defendant.
Plaintiff is absent. No evidence is adduced.
Matter adjd to 06.04.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv.Shraddha Jadhav i/b.Adv.Santosh Suryawanshi for plaintiff present.
None present for defendant.
KB
LO at 11.55 am,
Adv.Shraddha Jadhav i/b.Adv.Santosh Suryawanshi for plaintiff present.
The plaintiff filed affidavit of evidence of Ms.Deepti Vijaykumar Nayak (PW-1) t.o.r. and marked as Exh.10.
The plaintiff filed list of documents t.o.r and marked as Exh.11.
Matter adjd to 02.05.2022 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Adv.Chandrakant Sharma h/f.Adv.Suryawanshi for plaintiff present.
None present for defendant.
KB
LO at 11.50 am,
Adv.Chandrakant Sharma h/f.Adv.Suryawanshi for plaintiff present. He filed evidence close pursis t.o.r. and marked as Exh.
KB for exhibition of document.
LO at 05.30 pm
As Court is busy in dictating judgment in 1109/2021, draft NM and NM 1171/22 and as Court time is over, hence, matter is adjd.
Matter adjd to 18.06.2022 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Adv. Shraddha Jadhav for plaintiff present.
Defendant ex-parte.
P.O. is busy in marking documents in other cases and hence matter adj. for marking of document to 11/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Santosh Suryawanshi a/w Shraddha Jadhav for plaintiff present.
None present for defendant.
Court is busy in dictating judgment. Hence adjourned.
Case adjd for exhibiting the documents on 20/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv. Shardha Jadhav Present for Plff.
None Present for Deft.
Heard Ld adv of plaintiff. Perused plaint and chief examination of PW-1. The photocopy of documents filed with plaint are now filed by plaintiff with list Ex.11. Suit proceeded Ex-parte against defendant. Hence there is no objection of defendant to exhibit this document. Hence document marked as under.
Ex.13 - Email 06/06/2016.
Art-A - Copy of memorandum of understanding. It is photocopy and this document was not signed by the parties. Hence it can not be exhibited.
Ex.14 - Email dt.06/06/2016 with reply dt. 08/07/2016.
Ex.15 – Original letter dt.04/02/2021 issued by HDFC Bank.
Ex.16 – Email dt. 09/07/2016.
Ex.17 – Notice dt.18/04/2019.
Ex.18 – Postal receipt.
Ex.19 – RPAD Envelops
As suit proceeded ex-parte, No cross examination on behalf of defendant.
Plff has already filed evidence closure pursis Ex.12 on 02/05/2022.
Heard argument of adv of plff.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.7,05,000/-with interest @ 18% p.a. from the date of suit till realization of entire amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 20-07-2022