Date: 16-11-2021
Business: None for plaintiff.
The plaintiff is directed to issue writ of summons for service upon the defendant.
Matter is adjd.to 22-12-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjd.to 05-01-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: None for plaintiff.
Time is extended for service of writ of summons.
Issue writ of summons to the defendant.
Matter is adjd.to 07-02-2022 for writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: The matter was on board dated 07/02/2022.
Holiday was declared on 07/02/2022 to mourn the sad demise of Bharat Ratna Lata Mangeshkar on 06/02/2022.
Matter is adjd.to 07-03-2022 for admission denial.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Ramesh Jain for plaintiff present and filed affidavit of service with original writ of summons and bailiff report t.o.r. and marked as Exh.2
Matter is adjd.to 29-03-2022 for ex parte order
Next Purpose: ORDER
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: None for plaintiff.
None for defendant.
On perusal of record, it appears that writ of summons was sent to the defendant through Court bailiff and it was duly served upon the defendant on 14-12-2021 as per bailiff report on writ of summons annexed with affidavit of service Exh. 2 . The defendant failed to appear. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to 19-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjd.to 18-06-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: None present.
Adjourned to 08-07-2022 for ex parte evidence.
LO 12.30 pm
Adv. Ramesh Jain for plaintiff appeared and filed Affidavit of examination in chief and document.
Exh.3 - Affidavit of examination in chief of plaintiff – put up for verification
Exh.4 – List of documents. O- filed
Adjourned to 08-07-2022 for verification and exhibition of documents.
Next Purpose: FOR___________________
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv. Ramesh Jain for plaintiff present.
Witness of plaintiff present. Affidavit of examination is already filed on last date. O- Read and recorded in evidence.
Exh- 5 Promissory Note dt. 2nd June 2016 to plaint.
Exh- 6 Plaintiffs advocates letter dt. 20.05.2019 being to plaint along with the postal records in connection with the transmission and delivery thereof.
Exh-7 Money lender license.
Exh-8 Forms under Bombay Money Lending Act
Exh-9 Books of Account.
Original was shown to witness. Its content are same as compared from original.
Exh-10 Evidence closing pursis filed by adv. for plaintiff.
Heard arguments of adv. Ramesh Jain for plaintiff.
Adjd for exparte judgment to 11/07/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Ramesh Jain for plaintiff present.
Court is busy in passing exparte judgment in commercial suit NO. 55/21, 1117/21 and 53/21. Hence adjourned.
Adjd for exparte judgment to 12/07/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Adv. Ramesh Jain for plaintiff present.
Court pronounced judgment in open court
Exh-11 Judgment
FRSR the following order is passed
ORDER
1. Commercial Suit No.1270 of 2021 is decreed with costs.
2. The defendant shall pay an amount of Rs.7,62,356/- to the plaintiff along with interest at the rate of 12 percent per annum on the principal amount of Rs.5,00,000/- from the date of filing of the suit till realization within 3 months from the date of this decree.
3. Defendant shall bear the costs of the suit.
4. Court fee, if any, be refunded as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 12-07-2022