Date: 13-01-2020
Business: Nobody present when called at 11 am.
Kb
Adv. Ms. Sapna Nath for plaintiff present at 11.20 am.
Adv. for plaintiff filed affidavit of service. t.o.r.
Adjd for ex-parte orders to 12/02/2020.
Next Purpose: ORDER
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Plaintiff is present.
Adv. S. P. Kaluga for plaintiff present.
The affidavit of service of Divya Ghadigaonkar, clerk of city civil court shows that writ of summons is duly served to defendant. The defendant failed to appear even after service of writ of summons. Hence suit to proceed ex parte against defendant.
Adv. for plaintiff filed affidavit of claim. O- Read and recorded in evidence.
Adv. for plaintiff filed compilation of documents. t.o.r .
Adjd for ex parte arguments to 17/02/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Called at 11.00 a.m.
Nobody present.
K/B
Advocate S. P. Kanuga for plaintiff present.
Vakalatnama. (Exh-2)
Memorandum of Address. (Exh-3)
List of documents relied upon by plaintiff. (Exh-4)
Certificate filed by advocate plaintiff. (Exh-5)
Compilation of documents of plaintiff. (Exh-6)
Plaintiff passbook of savings account with Bank of Baroda, showing entry of Rs. 60 lakhs debited to the Plaintiff and credited to the Defendant. (Exh-7)
Debit entry dated 29/05/2015 of RTGS to Defendant for Rs. 2 lakhs. (Exh-8)
Application for transfer of Rs. 5 lakhs by RTGS in favour of Defendant and the pay slip entry in passbook of the plaintiff. (Exh-9)
Application for RTGS of Rs. 20 lakhs in favour of the Defendant and pay slip. (Exh-10)
Ledger account of Defendant with plaintiff. (Exh-11)
Bank pass book. (Exh-12)
Notice of demand. (Exh-13)
Postal Receipts and track receipts. (Exh-14)
Heard final argument of advocate for plaintiff.
Adj for Exparte Judgment to 20/02/2020.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Adv. for plaintiff present.
FRSR the following order is passed
ORDER
1. The suit is decreed with costs.
2. The defendant is directed to pay Rs. 83,08,000/- (Rupees Eighty Three Lakhs and Eight Thousand Only) to the plaintiff along with interest at the rate of 9 percentage per annum on principal amount of Rs. 67,00,000/- from the date of filling of the suit i.e. 06.11.2019 till its realization.
3. Decree be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 20-02-2020