Date: 17-01-2020
Business: Adv. Goswami for plaintiff.
Adjd to 16.03.2020 on request of plaintiff for service report.
Next Purpose: REPORT
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Adv Goswami for plaintiff present.
None for defendant.
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5 -Adv Goswami filed Service Affidavit @ original writ of summons.
The affidavit service @ the returned RPAD envelop and acknowledgment card reveal that though RPAD envelop on the address of residence has been unclaimed, the summons at the address of office has been delivered of which the acknowledgment card is filed with the affidavit.
Thus there is service of summons on office address.
However, the defendant failed to appear hence suit to proceed Ex-parte against the defendant.
Adjd to 20/07/2020 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: PO is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: As per office order 64/2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv Pushpa Goswami present for the plaintiff.
None present for the defendant.
Evidence affidavit TOR O- R and R.
She filed list of documents TOR O- filed.
She filed closing pursis TOR O- filed
Matter is adjd to 17.11.2021 for Exarte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv for Goswami for plaintiff.
None for defendant
Matter is adjd to 15-12-2021 for Ex- Parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv. Pushpa Goswami for the plaintiff present.
None for defendants.
Matter is adjd. to 03/02/2022 for Ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: The suit is posted for argument, in view of SOP dated 07/01/2022, Order No.07/22. Both parties to attend arguments through VC on next date or otherwise filed written notes of argument.
Matter is Adjd. for Argument to 01-04-2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Advocate Mrs. Pushpa Goswami for DH present.
None for JD.
Matter is adjd. for ex-parte argument to 24-06-2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: P. O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: court is vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: As court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: As court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: As court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: As court is vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: As court is vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: Adv.Pushpa Goswami present for plaintiff.
None present for defendant.
KB
L.O. at 5.00 PM.
The list of document already exhibited.
Document at Sr.No.11 is the Original Cheque bearing Central Bank of India, Sanpada Branch, Navi Mumbai- 400 705, along with Bankers Memo dated 25.09.2018 issued by the Plaintiffs Banker Saraswat Co-operative Bank Ltd., Bellard Estate Branch, Mumbai TOR marked as Exh.11- Colly.
Document at Sr.No.4 is Office copy of the Plaintiffs Notice dated 29.09.2018 along with Postal Receipt, Acknowledgement Due and returned Postal Envelope TOR marked as Exh.12-Colly.
Document at Sr.No.5 is the Non-Starter Report issued by the City Civil Court at Mumbai in pre-mediation Application dated 05.04.2019 bearing File No.565/2019 TOR marked as Exh.13.
Matter stands adjourned for argument on 21-08-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-08-2023
Date: 21-08-2023
Business: None present.
KB.
L.O. at 12.55 pm.
Adv. Pushpa Goswami present for plaintiff.
None present for defendant.
Heard.
KB
Judgment Exh.14
F.R.S.R. following order is passed-
ORDER
1.Summary Civil Suit No.1127/2019, is hereby partly decreed with costs.
2.Plaintiff is entitled to recover an amount of Rs.2,40,000/- alongwith interest at the rate of 9 percent per annum, from the date of default i.e. notice issued by the advocate of plaintiff on 29/09/2018, till its full realisation from the defendant.
3.Court fees, if any, be refunded as per rule.
4.Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
Nature Of Disposal: PARTLY DECREED
Disposal Date: 21-08-2023