Date: 17-09-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant
Matter is adjd.to 14-10-2021 for Direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjd.to 23-10-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: None for plaintiff.
Matter is adjd.to 29-11-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Ramesh Jain for plaintiff present.
Kb (2.45pm)
Adv. Ramesh Jain for plaintiff present and filed application for extension of time for serve the writ of summons to deft. t.o.r. - Allowed as prayed. Time is extended for service of writ of summons upon the defendants.
Matter is adjd.to 04-01-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjd.to 04-02-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Adv. Mr. 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.
He also filed evidence affidavit of witness Priya Dhuri, t.o.r. and marked as Exh.3.
He also filed list of documents, t.o.r. and marked as Exh.4.
Matter is adjd.to 14-02-2022 for ex-parte order.
Next Purpose: ORDER
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv. Mr. Ramesh Jain for plaintiff present.
None for defendant.
On perusal of record, it appears that writ of summons was sent to the defendant through bailiff and it is duly served upon him 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 18-02-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Ramesh Jain for plaintiff along with witness Priya
Dhuri present and filed list of documents t.o.r. and marked
as Exh. 5
Oath is administered to witness Priya Dhuri. She stated on Oath that evidence affidavit Exh.3 bears her signature and contents therein are correct. She also proved documents filed with lists Exh.4 and 5 and they are Exhibited as under -
Exh. 6 - Promissory note dtd. 18-05-2016.
Exh. 7 - Plaintiff’s advocate ltd. 02-05-2019.
Exh. 8 - Money Lender license (xerox true copy)
Exh. 9 - Form No. 8 under Bombay Money Lending Act (xerox true copy)
Exh. 10 - Books of account. (xerox true copy)
Exh. 11 - Power of attorney (compared with original and found to be correct).
Exh. 12 - Evidence close pursis filed by the plaintiff - seen.
Heard Ld. Adv. Ramesh Jain for plaintiff.
Matter is adjd.to 23-02- 2022 for ex parte Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: None for plaintiff.
Court busy in hearing arguments in NM No. 3178/21 in Com SU 175/21 and NM No. 4864/19 in Com SU 2/19.
Matter is adjd.to 25-02-2022 for ex parte judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: None for plaintiff.
Exh.13 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 1167/2021 is decreed.
2. The defendant is directed to pay amount of Rs. 3,83,520.54/- (Rupees Three Lakhs Eighty Three Thousand Five Hundred Twenty and Paise Fifty Four Only )to the plaintiff within three months from the date of decree.
3. The defendant is further directed to pay interest @ 18% p.a. on the principal amount of Rs. 2,50,000/- from the date of the suit till realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly
Nature Of Disposal: DECREED
Disposal Date: 25-02-2022