Date: 20-02-2020
Business: Adv. Rajesh Patil for plaintiff present.
Adv. for plaintiff filed affidavit of service. t.o..r
The affidavit of service of bailiff Kisan Naik shows that the writ of summons is refused by the defendant. On perusal of report there is no signature of witness to show that the writ of summons is refused by defendant. Hence plaintiff to take steps to serve the defendant.
Adjd for taking steps to 21/04/2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
Today matter is for taking steps.
Exh. 2 Adv.for plaintiff filed application for substitute service. TOR. O- Heard Adv.for plaintiff. Keep for order.
LO at 4.21 p.m.
Adv.Rajesh Patil for plaintiff is present.
Matter adjd for order on 20.03.2021.
Next Purpose: ORDER
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Adv. Rajesh Patil for plaintiff present.
None present.
Ld Adv for plaintiff not pressed application Ex.02 today.
Order below Ex.02-
This application is not pressed today. Hence, it is filed.
Ex.03 Affidavit of service already filed on record on 20-02-2020. O- Seen.
Perused affidavit of service, Ex.03. Bailiff report is filed with the affidavit of service. It is mentioned therein that on 24-01-2020 writ of summons is accepted by the defendant but refused to sign an acknowledgement of service. There is nothing on record to disbelieve the contention of Bailiff that defendant refused the sign service of writ of summons. The defendant accepted service of 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 enter 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.
Perused affidavit for service, Ex.03. It is mentioned therein that defendant accepted service but refuse to sign and acknowledgement of service on 24-01-2020.
Defendant inspite of service of writ of summons as per service affidavit, Ex.03 did not remain present within 10 days from the date of service of writ of summons. Hence, suit be proceeded exparte against defendant.
Ex.04 Ld Adv for plaintiff filed claim affidavit t.o.r. O- Seen.
Ex.05 Ld Adv for plaintiff filed list of documents t.o.r. O-Seen.
Ex.06 Demand Promissory note of Rs.2,50,000/- dated 10-07-2018.
Ex.07 Notice of demand dated 24-08-2019.
Matter adjd for exparte argument to 07-04-2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
He seeks time for exparte argument.
Matter adjd for exparte argument to 22-04-2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: P.O. is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
Heard Ld adv for plaintiff.
Matter adjd for exparte judgment to 05-10-2021.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
F.R.S.R. following order in Summary suit no. 1279 of 2019 is passed-
ORDER
1. The Summary Suit no. 1279 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs. 2,95,000/-(Rs. Two Lakh Ninety Five Thousand only) to the plaintiff with interest on the principal amount of Rs. 2,50,000/- (Rs. Two 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: 05-10-2021