Date: 21-03-2022
Business: Fresh Matter assigned to this court.
Adv. Ashish Gupta for plaintiff present.
None present for defendant.
Draft chamber summons alongwith affidavit in support tendered by plff.
Order - Leave is granted to register the chamber summons.
Matter Adjd for tendering original registered CS on 28/04/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: P.O. is on leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: Adv. Ashish Gupta for plaintiff present.
Representative of defendant present.
Defendant is present.
Matter Adjd for service affidavit on 23/06/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Adv. Parmar for plaintiff present.
None present for defendant.
Plaintiff is present.
Ld. Adv. for plaintiff tendered original registered CS No.538/22.
Order below Chamber summons No.538/2022
1. Chamber Summons No. 538 of 2022 is allowed.
2. The plaintiff to add the new address of defendant in the cause title of the plaint.
3. After adding the address issue writ of summons of the suit to the defendant.
4. No order as to costs.
Matter Adjd for compliance on 07/07/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Ashish Gupta for plaintiff present.
None present for defendant.
Plaintiff is present.
Matter Adjd for service affidavit on 21/07/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Plaintiff is present.
None present for defendant.
Kb.
Later on.
Adv. Ashish Gupta for plaintiff present.
None present for defendant.
On the oral request by Ld. Adv. for plaintiff time is extended to issue writ of summons/ service affidavit.
Matter Adjd for service affidavit on 08/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Matter pertains to C.R.No.13
Plaintiff is present in person.
The service affidavit (Exh.02) reveals that defendant is served with Writ of Summons on 18.08.2022. However, he as not cause appearance till date. Therefore, suit to proceed Ex-parte.
Matter Adjd to 19.09.2022 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Plaintiff is present.
None present for defendant.
Kb.
Later on at 12.26 pm.
Exh.03 - Application for appearing in-person. O-seen.
Exh.04 - Affidavit of Evidence. O-read and recorded.
Exh.05 - List of documents (All the documents are photocopies). O-be filed.
Heard plaintiff in-person on documents.
Order on Admissibility of documents-
As all the documents are photocopies, it is marked as Article.
Article
Serial No.
Description of document
Article A
01
Copy of cheque dt.31.12.2019.
Article B
02
Copy of returned memo.
Article C
03
Demand letter dt.03.11.2021.
Article D
04
Returned Envelops (2).
Article E
05
Copy of Bank Passbook.
Article F
06
Copy of DD dt.16.06.2021.
Article G
07
Copy of complaint. dt.03.05.2022.
Article H
08
Copy of complaint dt.03.05.2022.
Article I
09
Copy of order dt.18.08.2022.
Article J
10
Copy of order dt.18.08.2022.
Article K
11
Copy of letter dt.27.07.2022.
Article L
12
Copy of complaint (Undated).
Article M
13
Bailiff report.
Article N
19
Copy of guidelines.
Exh.06 - Evidence closing pursis. O-seen.
Matter Adjd for ex-parte argument on 08/10/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2022
Date: 08-10-2022
Business: Plaintiff in-person present.
None present for defendant.
Heard plaintiff in-person.
Matter Adjd for ex-parte judgment on 04/11/2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Plaintiff in-person present.
None present for defendant.
F.R.S.R. following order in Summary Suit No.43 of 2022 is passed-
ORDER
1. The Summary Suit No.43 of 2022 is decreed with costs.
2. Defendant shall pay the amount of Rs.15,50,000/-(Rupees Fifteen Lacs Fifty Thousand Only) to the plaintiff along with further interest at the rate of 9 percent per annum from the date of filing suit till its actual realization.
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: 04-11-2022
