Date: 02-03-2020
Business: Adv. B. S. patil for plaintiff present.
Adv. for plaintiff filed joint affidavit of service. t.o.r.
Adjd for ex parte orders to 04/05/2020.
Next Purpose: ORDER
Next Hearing Date: 04-05-2020
Date: 04-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 26-05-2020
Date: 26-05-2020
Business: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 11-06-2020
Date: 11-06-2020
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: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: None present.
Today matter is for exparte order.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for exparte order to 22-03-2021.
Next Purpose: ORDER
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv. B.S. Patil for plaintiff present.
None for defendant.
Today matter is for exparte order.
Ex.02 Ld adv for plaintiff already filed affidavit of service on 02-03-2020. O- Seen.
Perused affidavit of service. Bailiff report is filed with service affidavit. It is mentioned in the Bailiff report that Bailiff served the writ of summon to the defendant on13-02-2020. Defendant received writ of summons and signed an acknowledgement of service on the original 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 16-04-2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: P. O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Balbheem Patil for plaintiff present.
None present for defendant.
Plaintiff is present.
Exh.03- claim affidavit. O-read and recorded.
Exh.04- List of documents. O-be filed.
Order on Admissibility of documents
Ex.05 - Original demand promissory note dated 20.05.2018.
Article A - True copy of Form no.10.
Exh.06 - Office copy of demand notice dated 15.05.2019 along with postal receipts, acknowledgement and returned envelope.
Article B - True copy of money lending license.
Article C - True copy of cash book.
Article D - True copy of ledger book.
Exh.07- Evidence closing pursis. O-seen.
Matter Adjd for ex-parte argument on 15/01/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: P. O. is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: None present.
Matter Adjd for ex-parte argument on 05/04/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv. Balbheem Patil for plaintiff present.
None present for defendant.
Heard final argument of plaintiff.
Matter Adjd for ex-parte judgement on 06/05/2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: Adv. Balbheem Patil for plaintiff present.
None present for defendant.
ORDER
1. The Summary Suit no. 77 of 2020 is decreed with costs.
2. The defendant shall pay the sum of Rs.2,95,000/- (Rupees Two Lacs Ninety Five Thousand only) to the plaintiff with interest on the principal amount of Rs.2,50,000/-(Rupees Two Lacs 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: 06-05-2022
