Date: 11-03-2020
Business: Adv. B. S. Patil for plaintiff present.
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: Plaintiff present.
Adv. B.S. Patil for plaintiff present.
None for defendant.
Ex.02 Ld adv for plaintiff filed affidavit of service t.o.r. O- Seen.
Perused affidavit of service Ex.02. Bailiff report is filed with the affidavit of service. It is mentioned therein that on 04-03-2020 deft 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 filed evidence affidavit t.o.r. O- R and R.
Ex.04 Ld Adv for plaintiff filed list of documents t.o.r. O- Seen.
Ex.05 Ld adv for plaintiff filed evidence close pursis t.o.r. O- Seen.
Ex.06 Demand promissory note of Rs.1,50,000/- dated 02-07-2018.
Ex.07 Notice of demand dated 30-09-2019.
Matter adjd for exparte argument to 17-04-2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 73/2021 dtd. 06.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 05.04.2021 with the Letter No. Insp/I/30/2021 dtd. 05.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 07.04.2021 in supersession of earlier Office Order No. 64/2021. As per clause No.4 of the said Office Order No.73/2021 all Courts shall remain closed on every Saturday and to take up only remand and urgent matters, as being taken up on holidays.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: None present.
Matter Adjd for Arguments on 07/01/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv. Balbheem Patil for plaintiff present.
None present for defendant.
Final argument heard.
Matter Adjd for ex-parte judgement on 16/02/2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv. Balbheem Patil for plaintiff present.
None present for defendant.
F.R.S.R. following order in Summary Suit No.116 of 2020 is passed-
ORDER
1. The Summary Suit no. 116 of 2020 is decreed with costs.
2. The defendant shall pay the sum of Rs.1,86,000/-(Rupees One Lakh Eighty Six Thousand only) to the plaintiff with interest on the principal amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) at the rate of 9 percent p.a. from the date of filing of the suit till its realisation.
3. Decree be drawn up accordingly.
4. Court fee be refunded to the plaintiff if any as per rules.
5. Judgement dictated and pronounced in open court.
R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 16-02-2022
