Date: 13-01-2020
Business: Adv. Ramesh Jain for plaintiff present
Adv. for plaintiff filed affidavit of service. t.o.r.
Adv. for plaintiff filed list of original documents. t.o.r.
Adjd for report to 04/04/2020.
Next Purpose: REPORT
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Next Purpose: REPORT
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: National lockdown
Next Purpose: REPORT
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Nobody present.
Adjd for report to 23/03/2021
Next Purpose: REPORT
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
Ex.02 Ld adv for plaintiff already filed on 13-01-2020 affidavit of service. O- Seen.
Perused affidavit of service Ex.02. Bailiff report is filed with the affidavit of service. It is mentioned therein that on 30-12-2019 defendant accepted writ of summons and signed as an acknowledgement of service of writ of summons on original 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 enters 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.
Ex.03 Ld Adv for plaintiff already filed on 13-01-2020 list of original documents. O- Seen.
Ex.04 Ld adv for plaintiff filed claim affidavit t.o.r. O- Seen.
Ex.05 Original Promissory Note dated 28-11-2018
Ex.06 Plaintiff\''s advocate letter dated 14-10-2019.
Matter adjd for exparte argument to 15-04-2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: None present.
Matter adjd for Argument to 09.12.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant .
Argument heard.
Matter Adjd for exparte judgment to 11.01.2022.
Judge
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: P. O. is on leave.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Adv. Ramesh Jain 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. 1071 of 2019 is passed-
ORDER
1. The Summary suit no.1071 of 2019 is decreed with costs.
2. Defendant shall pay amount of Rs.2,29,391.78/-(Rupees Two Lacs Twenty Nine Thousand Three Hundred Ninety One and Seventy Eight Paise Only) to the plaintiff along with interest at the rate of 9 percent per annum on the principal amount of Rs.2,00,000/-(Rupees Two Lacs Only) from the date of filing suit till its actual realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 02-02-2022
