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Date: 16-12-2019 Business: Fresh matter assigned to this Court. Adv. Rajeshwar for plaintiff present. Issue writ of summons to defendant and plaintiff to file service affidavit. Matter adjd for service of writ of summons to deft on 05/02/2020. Next Purpose: WRIT OF SUMMONS Next Hearing Date: 05-02-2020 Date: 05-02-2020 Business: Adv. Rajeshwar for plaintiff present. None for defendant. Ex.02 Ld adv for plaintiff filed affidavit of service t.o.r. O- Seen. Matter adjd for order against defendants to 03-04-2020 at 11.00 am. Next Purpose: ORDER Next Hearing Date: 03-04-2020 Date: 03-04-2020 Reason For Adjournment: National Lock Down Next Purpose: ORDER Next Hearing Date: 17-04-2020 Date: 17-04-2020 Reason For Adjournment: National Lock Down Next Purpose: ORDER Next Hearing Date: 06-05-2020 Date: 06-05-2020 Reason For Adjournment: National Lock Down Next Purpose: ORDER Next Hearing Date: 28-05-2020 Date: 28-05-2020 Reason For Adjournment: National Lock Down Next Purpose: ORDER Next Hearing Date: 15-06-2020 Date: 15-06-2020 Reason For Adjournment: National Lock Down Next Purpose: ORDER Next Hearing Date: 28-07-2020 Date: 28-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: ORDER Next Hearing Date: 30-09-2020 Date: 30-09-2020 Business: Due to Covid-19 matter is adjd time to time on 03-04-2020, 17-04-2020, 06-05-2020, 28-05-2020, 15-06-2020, 28-07-2020 and today this matter is posted for order against defendant. None present. Court is busy in dictating order on Review Petition 12/2017 (Delay Condonation Appl. no. 248/2016) and order below Ex.02 in SU 3002/2019. Matter adjd for order to 02-12-2020. Next Purpose: ORDER Next Hearing Date: 02-12-2020 Date: 02-12-2020 Business: None present. Today matter is for order against deft. The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons. Matter adjd for Order against deft on 09/04/2021. Next Purpose: ORDER Next Hearing Date: 09-04-2021 Date: 09-04-2021 Business: Court is vacant Next Purpose: ORDER Next Hearing Date: 19-06-2021 Date: 19-06-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: ORDER Next Hearing Date: 18-08-2021 Date: 18-08-2021 Business: Adv. Mr. Suresh Rajeshwar for Plaintiff present. None present for Defendant. Perused affidavit of service of Writ of Summons upon Defendants. Perused the postal returned envelopes containing summons. Despite duly served with the Writ of Summons as both the Defendants not turned up to contest the suit, the suit to proceed exparte against both. Matter adj. to 30/11/2021 for Ex-parte Hearing. Next Purpose: HEARING Next Hearing Date: 30-11-2021 Date: 30-11-2021 Business: Court is Vacant. Next Purpose: HEARING Next Hearing Date: 25-01-2022 Date: 25-01-2022 Business: Court is Vacant. Next Purpose: HEARING Next Hearing Date: 15-03-2022 Date: 15-03-2022 Business: AS PO IS ON TRAINING Next Purpose: HEARING Next Hearing Date: 05-05-2022 Date: 05-05-2022 Business: AS PO IS ON TRAINING MATTER ADJD TO Next Purpose: HEARING Next Hearing Date: 10-08-2022 Date: 10-08-2022 Business: Matter called out at 11.31 am Adv Suresh Rajeshwar for plff present None for Defendant Adv for plff seeks to file list of documents a/w documents. However, evidence affidavit is not filed of the witness. Adv for plff seeks time to file evidence affidavit. Matter is adjd on 29.09.2022 for Hrg. Next Purpose: HEARING Next Hearing Date: 29-09-2022 Date: 29-09-2022 Business: Matter called out at 11.44 am Plff No.1 present Adv Suresh Rajeshwar for plff present None for defendant Documents a/w plaint marked as Exh.as under Vakalatnama Exh.2 Memorandum of address Exh.3 List of Documents Exh.4 Affidavit Exh.5 Adv for plff tendered evidence affidavit t.o.r marked as Exh 6 O- R and R Adv for plff tendered list of documents a/w documents t.o.r. marked as Exh 7 Matter is adjd on 22.11.2022 for Hrg on exhibiting documents Next Purpose: HEARING Next Hearing Date: 22-11-2022 Date: 22-11-2022 Business: Matter called out at 12.26 pm Adv Suresh Rajeshwar for plff present None for defendant Heard adv for plff. The document at Sr No.1 is photocopy of death certificate. In view of the contents of the evidence affidavit, rest of the documents are marked as under 1. Quotations dated 19.12.15 as Exh 8 2. Receipt No. 604 dtd 19.12.15 as Exh 9 3. Receipt No. 706 dtd 26.12.15 as Exh 10 4. Email dated 25.02.16 as Exh 11 5. Certified copy of the consent terms dtd 04.05.18 as Exh 12 6. Dishonour Memo dtd 08.05.18 as Exh 13 7. Dishonour Memo dtd 23.08.18 as Exh 14 8. Dishonour Memo dtd 02.08.18 as Exh 15 9. Dishonour Memo dtd 01.12.18 as Exh 16 10. Dishonour Memo dtd 22.04.19 as Exh 17 11. Dishonour Memo dtd 23.01.19 as Exh 18 12. Dishonour Memo dtd 28.02.19 as Exh 19 13. Dishonour Memo dtd 22.04.19 as Exh 20 14. Cheques issued by defendants as Exh 21 Colly 15. Adv notice dated 27.06.19 as Exh 22 16. Adv notice dated 26.08.19 as Exh 23 Adv for plff seeks time to produce certified copy of death certificate. Matter is adjd on 11.01.2023 for Hrg Next Purpose: HEARING Next Hearing Date: 11-01-2023 Date: 11-01-2023 Business: Matter called out at 12.10 pm Son of the plff present and requests to keep back the matter. Adv for plff absent None for defendant Matter is adjd on 17.02.2023 for Hrg Reason For Adjournment: court time is over Next Purpose: HEARING Next Hearing Date: 17-02-2023 Date: 17-02-2023 Business: Adv. Rajeshwar for plaintiff present and tendered list of documents. TOR and marked as Exh. 24. Certified copy of death certificate with the list is marked as Exh.25. None for defendant. He also filed evidence close pursis. TOR and marked as Exh. 26. Matter is adjd on 30-03-2023 for hearing. Reason For Adjournment: court time is over Next Purpose: HEARING Next Hearing Date: 30-03-2023 Date: 30-03-2023 Business: Adv. Rajeshwar for plaintiff present None for defendant. Evidence close pursis dtd. 17/02/2023.TOR and marked as Exh. 26 Heard argument of advocate for plaintiff. Matter is adjd on 17-04-2023 for Ex-parte judgment. Next Purpose: JUDGMENT Next Hearing Date: 17-04-2023 Date: 17-04-2023 Business: Plaintiffs present. Adv. for plaintiff absent. Judgment pronounced in open Court. Judgment. F.R.S.R. following order is passed - Order 1. Suit NO. 3092 of 2019 is decreed with costs. 2. Defendants shall pay an amount of Rs. 13,33,332/- to plaintiffs with interest at the rate of 10 persent p.a. from the date of the suit till the entire amount is realised. 3. Decree be drawn up accordingly. R and P be sent to Record department. Nature Of Disposal: DECREED Disposal Date: 17-04-2023
Filing Number: 112030/2019 Filing Date: 06-11-2019 First Hearing Date: 16th December 2019 Decision Date: 17th April 2023 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 3092 of 2019 Exh. 27 MHCC010114062019 Presented on : 06-11-2019 Registered on : 25-11-2019 Decided on : 17-04-2023 Duration : 3 Yr, 04 M, 23 D Exh. 27. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.3092 OF 2019. 1. Mrs. Jaya Uday Mahale. ] Aged about 59 years, Occ: Service ] 2. Mr. Ajeet Uday Mahale. ] Aged about 30 years, Occ: Service,…
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