Date: 02-03-2020
Business: Adv. Rajesh Patil for plaintiff present and filed affidavit of service. t.o.r.
Adjd for ex parte orders to 30/04/2020.
Next Purpose: ORDER
Next Hearing Date: 30-04-2020
Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 21-05-2020
Date: 21-05-2020
Business: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: ORDER
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: Steno is busy in typing previous dictation of judgment. Hence adjourned.
Adjd for orders to 08/01/2021
Next Purpose: ORDER
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
Today matter is for exparte order.
Perused service affidavit. It is mentioned therein that defendant refused to sign on writ of summons as receipt of writ of summons along with true copy of plaint. I am of opinion that it is not valid service. Hence, plaintiff to take steps to serve writ of summons.
Matter adjd for service steps to 09-03-2021.
Next Purpose: SERVICE
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
Ex.02 Affidavit of service already on record. O-Seen.
Perused affidavit of service. Bailiff report is filed with the affidavit of service. It is mentioned therein that on 06-02-2020 writ of summons 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.
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.
Matter adjd for exparte evidence to 07-04-2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
He seeks time to lead evidence.
Matter adjd for exparte evidence to 25-06-2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: P. O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. Darshana for plaintiff present.
None for defendant.
Exh 3 Claimed affidavit.
O-R and R.
Exh.4 List of document.
O-Be filed and original documents be exhibited.
Matter adjd for exhibiting the document to 15.11.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv. Rajesh Patil for plaintiff present.
None present for defendant.
Heard Ld. Adv., for plff on admissibility of document.
Order on Admissibility of documents
Exh.05- Demand promissory note.
Exh.06- Notice of demand.
Article A - Photocopy of Money lending licence.
Article B - Photocopy of form No.10.
Article C- Photocopy of cash entry.
Article D- Photocopy of ledge entry.
Exh.07- Evidence closing pursis. O-seen.
Heard argument of plff.
Matter Adjd for Ex-parte judgement on 14/12/2021.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Adv. Rajesh Patil for plaintiff present.
None present for defendant.
F.R.S.R. following order in Summary Suit No.83 of 2020 is passed-
ORDER
1. The Summary Suit no. 83 of 2020 is decreed with costs.
2. The defendant shall pay the sum of Rs.1,88,169/- (Rupees One Lakh Eighty Eight Thousand One Hundred and Sixty Nine 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: 14-12-2021
