Date: 17-02-2020
Business: Adv. Bhargavi Rawal for plaintiff present.
None for defendant .
Upon oral request of Ld. Adv. for plaintiff time extended till next date for service of writ of summons
Adjd to 18-03-2020 for service of writ of summons
Next Purpose: SERVICE
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Adv.Bhargavi Rawat for plaintiff present and filed service affidavit
TOR. Exh-5
Adv.N.Shaikh for defendant present and filed vakalatnama-Exh-6.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 15/4/2020 for taking steps.
Next Purpose: SERVICE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: SERVICE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 131 of 2020 dtd - 22.09.2020 of this court.
Matter adjd to 17.10.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Business: As Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 25/11/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 18.12.2020 for services.
Next Purpose: SERVICE
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 14.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
None present for plaintiff.
None present for defendant.
Matter adjd to 06-02-2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv.Ms.Yojana Gandhi for plaintiff present.
None present for defendant. They have not filed written statement. Suit to proceed without WS against the defendant.
Matter adjd to 24.02.2021 for statement of truth and evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv.Yojana Gandhi for plaintiff present.
None present for defendant.
Ld. Adv. seeks time to file statement of truth and affidavit of examination in chief. Time granted.
Matter adjd to 08.03.2021 for filing statement of truth and evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv.Yojana Gandhi for plaintiff present.
None present for defendant.
Statement of truth, Exh.7 filed by Adv. of plaintiff t.o.r.
Affidavit of examination-in-chief, Exh.8 filed by Adv. of plaintiff t.o.r. O-filed.
PW No.1- Mr.Dilipkumar Atmaram Nagpal resumed on S.A.
List of documents, Exh.9 filed by Adv. of plaintiff t.o.r.
O-The documents annexed with this list are exhibited formally. Its evidentiary value will be considered at the time of final argument of suit.
Original letter of appointment of plaintiff from defendant company dated 14.03.2018, Exh.10.
Original letter for request of loan from plaintiff from defendant No.1 dated 14.03.2018, Exh.11.
Original bill of exchange dated 15.03.2018, Exh.12.
Original passbook 1 of the plaintiff-cheque 001274-debited, Exh.13
Original letter dated 15.03.2018 showing installments of repayment from defendant No.1, Exh.14 colly.
Original passbook 1 of the plaintiff-showing some credit entries, Exh.15 colly.
Original dishonored cheque dt.19.11.2018 and bank memo, Exh.16.
Advocates letter dated 08.02.2019 a/w. postal acknowledgements, Exh.17 colly.
Matter adjd to 17.03.2021 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv.Bhargavi Rawal for plaintiff present.
Adv.Shubham More for defendant present.
Evidence closure pursis, Exh.18 filed by Adv. of plaintiff t.o.r.
O-filed.
Matter adjd to 26.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv.Rekha Shukla for plaintiff present.
Adv.Aniket Gole h/f. Adv.Maroof Khan for defendant present.
Adv. of defendant filed application, Exh.19 for filing notice of motion for setting aside no WS order t.o.r. O-plaintiff to say.
Say given by Adv. of plaintiff on application itself.
Matter adjd to 01.04.2021 for order on Exh.19.
Next Purpose: ORDER
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Plaintiff absent
Defendant absent.
Adv. Yojna Gandhi for plaintiff is present. She filed application for filing Notice of Motion. OFiled.
Adv. Varadkar defendant for is present.
KB ----LO at 12.49 pm.
Adv. Varadkar defendant is present. She filed draft notice of motion
Leave to registrar notice of motion granted.
Defendant to serve the copy of NM to plaintiff
Matter adjd to 08.04.2021 for say on N.M by plaintiff.
Next Purpose: FILING SAY
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff absent.
Adv.Moinuddin Khan for defendant present.
Adv. for defendant tendered register nm no. 1046/2021 @ affidavit in support of.
Matter adjd to 21.04.2021 for reply on nm by plaintiff.
Next Purpose: REPLY
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: None for plaintiff.
Adv. Shweta Varadkar for def. present.
Matter adjd to 28.04.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd
Next Purpose: REPLY
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases.
Matter is adjd to 19.06.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021. Hence, Matter is adjd to 10.08.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: REPLY
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv.Yojana Gandhi i/b.Adv.Rekha Shukla for plaintiff present.
Adv.Shweta Varadkar h/f.Adv.Maroof Khan for defendant present.
The plaintiff filed handwritten reply on the notice of motion.
KB for NM Hearing.
LO at 01.34 pm
Adv.Yojana Gandhi i/b.Adv.Rekha Shukla for plaintiff present.
Adv.Shweta Varadkar h/f.Adv.Maroof Khan for defendant present.
Heard both advocates on NM No.1046/2021.
Matter adjd to 15.09.2021 for Order on NM No.1046/21.
Next Purpose: ORDER
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: None present for plaintiff.
Adv.Mr.M.H.Shaikh i/b. Adv.Maroof Khan for defendant Nos.1 to 3 present.
KB for passing order
LO at 03.30 pm
F.R.S.R. the following order is passed
ORDER ON NM NO.1046/21
1. Notice of Motion No.1046 of 2021 is allowed, subject to costs of Rs.1,500/-(Rupees One Thousand Five Hundred Only).
2. The delay in filing written statement is condoned.
3. The costs shall be paid to the plaintiff on or before next date.
4. After compliance of order as to payment of costs, written statement shall be taken on record.
5. The Notice of Motion No.1046/2021 is disposed off accordingly.
Matter adjd to 29.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: N.O.B.T.O.B. BY PRECIPEE
Adv.Yojana Gandhi h/f.Adv.Rekha Shukla for plaintiff present. She filed application, Exh.20 for matter taken on today\''s board.
O-Allowed to take case on today\''s board.
Adv. of plaintiff filed application, Exh.21 with request to return of original documents t.o.r.
Heard the plaintiff and following order is passed.
Order on Exh.21
The plaintiff requested for return of original documents filed at Exh.10, Exh.12 and Exh.16. Plaintiff requires these documents to produce in Criminal Case. Hence, allowed to return the documents stated above, on condition to produce certified copies of the same on record before taking back documents and on the condition that the plaintiff shall produce the original again before this Court.
Matter already adjd to 29.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv.Bhargavi Raval h/f.Adv.Rekha Shukla for plaintiff present.
Adv.Mohd.Shaikh h/f.Adv.Maroof Khan for defendant present.
The defendant has paid the costs of Rs.1,500/- to the plaintiff today in compliance to the order dated 15.09.2021 in NM No.1046/21. Hence, written statement filed by the defendants is taken on record and marked as Exh.22. Copy already served. Endorsement to that effect is made.
Matter adjd to 27.10.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: N.O.B.T.O.B. BY PRECIPEE
Adv.Bhargavi Raval h/f.Adv.Rekha Shukla for plaintiff present. She filed application, Exh.22 for matter taken on today\''s board.
O-Allowed.
The plaintiff filed pursis, Exh.23 for withdrawing original documents, Exh.10, Exh.12 and Exh.16 and replaced the same by certified copies t.o.r.
In compliance with the order dated 23.09.2021, the plaintiff has produced certified copies of original documents which are to be taken by the plaintiff. Hence, certified copies are taken on record and original documents at Exh.15, Exh.19 (colly.), Exh.20 and Exh.24 are returned to the plaintiff. Endorsement to that effect is made by the plaintiff below roznama.
Matter already adjd to 27.10.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: None present for plaintiff.
Adv. Mohd. Noah h/f Adv. Maroof Khan present for defendant no. 1 to 3.
On oral request adjd to 24.11.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv.Yojana Gandhi h/f.Adv.Rekha Shukla for plaintiff present.
Adv.Moinuddin Khan h/f.Adv.Maroof Khan for defendants present.
The plaintiff furnished copy of compilation of documents filed at Exh.9 to the defendant. Copy of same is received by Adv.of defendant. Endorsement to that effect is made.
Matter adjd to 23.12.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Reason For Adjournment: court time is over
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 18.02.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.36 pm,
Adv.Yojana Gandhi h/f.Adv.Shukla for plaintiff present.
Adv.Omkar Kakad h/f.Adv.Maroof Khan for defendant present.
The plaintiff filed pursis stating that as no documents are filed by the defendant, hence, no admission and denial by the plaintiff. Pursis is t.o.r. and marked as Exh.10.
No admission and denial by the defendants. Suit to proceed without admission and denial of the defendants.
Matter adjd to 17.03.2022 for issues and CMH.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
L.O. at 12.53 p.m.
Adv. Ms. Bhayashri Rawal i/b Rekha Shukla for the plaintiff present.
None present for defendant.
KB
L.O. at 03.30 p.m.
Record shows that the pursis dated 18.02.2022, has been wrongly exhibited as exh.10 instead of exh.24. Hence, the exhibit number of said puris as corrected as exh.24.
Issues are framed at exh.25.
Matter adjd to 06.04.2022 for recording of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: None present for plaintiff.
None present for defendant.
From the record it appears that by order dated 15.09.2021, defendants written statement is t.o.r. Issues are framed on 17.03.2022. The plaintiff has already adduced evidence at Exh.8 on 08.03.2021. Documents are already marked as exhibit. Hence, the case is for cross-examination. Parties are absent.
KB
LO at 12.20 pm,
Adv.Bhargavi Rawal h/f.Adv.Rekha Shukla for plaintiff present.
The plaintiff submits that the affidavit of evidence was filed when the suit was ex-parte. She will verify whether any additional evidence is require.
Matter adjd to 30.04.2022 for steps by the pltff.for additional evidence/cross-examination/CMH.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Court is on Leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv Bhargavi Ravl Present for Plff.
None present for Deft.
KB on the request of adv for plff for filing original document
LO 1.20 pm.
Adv. Bhargavi Ravl present for plff.
None present for Deft.
PW-1 present
Ex.26- Adv of plff has filed application with original documents Ex.10 and 12.
Deft and his adv absent.
Evidence of PW-1 be proceeded without cross examination.
Ex.27- Adv of plff filed evidence closure pursis.
Adj. For Evidence of Deft on 20/07/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv. Bhargavi Raval Present for Plff.
None Present for Deft no.1 to 3.
PW-1 present.
KB. LO 12.35.
None present for deft no.1 to 3. Roznama shows that, defts and their Ld counsel are absent since many dates. Today case is for evidence of defts. In view of above facts the side of defts to adduce evidence is closed.
Adj. For Argument on 01/08/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Rekha Shukla I/b Adv. Bhargavi Ravl Present for Plff.
None Present for Deft.
Plff present.
KB LO 12.30.
Heard argument of adv of plff.
Adj. For Argument of deft on 06/08/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: None present.
KB LO 12.00
Adv. Bhargavi Raval Present for Plff.
None Present for Deft.
Judgment and order delivered.
F.R.S.R. following order is passed.
1. Suit decreed with costs as under.
2. Defendant Nos.1 to 3 are directed to pay jointly and severally the amount of Rs.35,25,205/- to plaintiff.
3. Defendant Nos.1 to 3 are directed to pay jointly and severally an interest @ 18% p.a. on principal sum of Rs.30,00,000/- from the date of suit till realisation of the entire amount.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 06-08-2022