Date: 19-02-2020
Business: Wrongly on board.
Public holiday on account of 19.02.2020. hence taken on today''s board and adjourned.
Next Purpose: REPORT
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Business: National lock Down
Next Purpose: REPORT
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: BY PRECIPE O- Allowed
Adv. Rajesh Patil for plaintiff present.
Adv. for plaintiff filed draft notice of motion along with affidavit in support. O- Leave granted to register notice of motion.
Already adjd to 05/01/2021.
Next Purpose: REPORT
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
Today matter is for service report of writ of summons.
Ld Adv for plaintiff filed original registered NM 1895 of 2020 along with affidavit t.o.r.
The Ld Adv for plaintiff submits that writ of summons and copy of said NM along with affidavit are already served to the defendant.
Matter adjd for service affidavit of writ of summon and NM to 21-01-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
Today matter is for affidavit of service.
Ex.02 Ld adv for plaintiff filed affidavit of service t.o.r. O-Seen.
Ex.03 Ld Adv for plaintiff filed affidavit of service in NM t.o.r.
O-Seen.
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 01-02-2021.
Next Purpose: ORDER
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
Today matter is for order.
Perused service affidavit (Ex.02). It is mentioned therein that defendant is served writ of summons. Perused Bailiff report dated 05-03-2020. It it mentioned therein that defendant is served of writ of summons along with copy of the plaint. The defendant was absent on 21-01-2021 i.e. on last date. Today also defendant is absent. Hence, suit to proceed exparte against the defendant.
Heard Ld adv for plaintiff in NM no. 1895 of 2020. He submitted that if directions are given to the Executive Engineer (Parivan City), 2nd floor, Worli, Yangruh Building, Dr. E. Mozese Road, Worli, Mumbai 400 018 directing to with hold Rs.2,88,762/- and not to pay the said amount to the defendant i.e. Designation J.C.B. Operator, E.C. No. 3583997 till disposal of the Suit then the purpose of plaintiff will serve and there is no need to grant other reliefs mentioned in the NM no. 1895 of 2020.
Matter adjd for NM order to 10-02-2021.
Next Purpose: NM ORDERS
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Ms. Anita Kanojiya for defendant present.
The Ld. Adv. for plaintiff filed original document with list. TOR
O-Seen.
Today matter is for order in N/M No. 1895/2020.
The Ld. Adv. for defendant states to take vakalatnama on record. On the contrary the Adv. for plaintiff states that writ of summon are served upon deft on 5.3.2020. He also states that ex-parte order is passed against deft. On 01.02.2021.
Perused order 37 rule 3 (1). the deft. can enter his appearance within 10 days of service of writ of summons. Therefore today vakalatnama can not be taken on record for suit. The defendant has to take out appropriate proceeding for entering his appearance. Hence vakalatnama of defendant is not taken on record.
KB
LO 4.09 pm.
The Ld. Adv. for plaintiff submits that deft. retired on 31.12.2020.
The Ld. Adv. for defendant states that mother of deft. expired but she dose not know date of death.
Hence, deft. is directed not to receive Rs. 2,88,762/- from the Executive Engineer (Parivan City), 2nd floor, Worli, Yangruh Building, Dr. E. Mozese Road, Worli, Mumbai 400 018 out of retirement amount benefits till next date and the said The said Executive Engineer (Parivan City), 2nd floor, Worli, Yangruh Building, Dr. E. Mozese Road, Worli, Mumbai 400 018 is directed to with hold Rs.2,88,762/- and not to pay the said amount to the defendant i.e. Designation J.C.B. Operator, E.C. No. 3583997 till next date.
Matter is adjourned for N/M order and taking out appropriate proceeding by the deft. to enter appearance on 22.03.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
Perused roznama/noting dated 10-02-2021. On that day adv Ms. Anita Kanojiya for defendant was present. The said roznama runs as under-
Adv. Rajesh Patil for plaintiff present.
Adv. Ms. Anita Kanojiya for defendant present.
The Ld. Adv. for plaintiff filed original document with list. TOR O-Seen.
Today matter is for order in N/M No. 1895/2020.
The Ld. Adv. for defendant states to take vakalatnama on record. On the contrary the Adv. for plaintiff states that writ of summon are served upon deft on 5.3.2020. He also states that ex-parte order is passed against deft. On 01.02.2021.
Perused order 37 rule 3 (1). the deft. can enter his appearance within 10 days of service of writ of summons. Therefore today vakalatnama can not be taken on record for suit. The defendant has to take out appropriate proceeding for entering his appearance. Hence vakalatnama of defendant is not taken on record.
KB LO 4.09 pm.
The Ld. Adv. for plaintiff submits that deft. retired on 31.12.2020.
The Ld. Adv. for defendant states that mother of deft. expired but she dose not know date of death.
Hence, deft. is directed not to receive Rs. 2,88,762/- from the Executive Engineer (Parivan City), 2nd floor, Worli, Yangruh Building, Dr. E. Mozese Road, Worli, Mumbai 400 018 out of retirement amount benefits till next date and the said The said Executive Engineer (Parivan City), 2nd floor, Worli, Yangruh Building, Dr. E. Mozese Road, Worli, Mumbai 400 018 is directed to with hold Rs.2,88,762/- and not to pay the said amount to the defendant i.e. Designation J.C.B. Operator, E.C. No. 3583997 till next date.
Hence, deft. is directed not to receive Rs. 2,88,762/- from the Executive Engineer (Parivan City), 2nd floor, Worli, Yangruh Building, Dr. E. Mozese Road, Worli, Mumbai 400 018 out of retirement amount benefits till next date and the said The said Executive Engineer (Parivan City), 2nd floor, Worli, Yangruh Building, Dr. E. Mozese Road, Worli, Mumbai 400 018 is directed to with hold Rs.2,88,762/- and not to pay the said amount to the defendant i.e. Designation J.C.B. Operator, E.C. No. 3583997 till next date.
Court is busy in dictating order in CS 492 of 2021, CS 493 of 2021, CS 499 of 2021, CS 500 of 2021, CS 494 of 2021, CS 495 of 2021, dictating judgement in Summary Suit 1102 of 2017, 1420 of 2017, 1421 of 2017, 1148 of 2019, 1157 of 2019.
Matter adjd for NM order to 03-05-2021.
Next Purpose: NM ORDERS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: Due to covid-19.
Next Purpose: NM ORDERS
Next Hearing Date: 03-09-2021
Date: 29-07-2021
Business: Due to covid-19.
Next Purpose: NM ORDERS
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: None for present.
Matter adjd for NM order to 18.10.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 18-10-2021
Date: 03-09-2021
Business: None for present.
Matter adjd for NM order to 18.10.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As per Office Order No. 213 of 2021 dtd 12.10.2021 as declared holiday.
Next Purpose: NM ORDERS
Next Hearing Date: 27-11-2021
Date: 18-10-2021
Business: As per Office Order No. 213 of 2021 dtd 12.10.2021 as declared holiday.
Next Purpose: NM ORDERS
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: P.O. is on Leave
Next Purpose: NM ORDERS
Next Hearing Date: 18-12-2021
Date: 27-11-2021
Date: 18-12-2021
Business: Adv. Rajesh Patil for plaintiff present.
None present for defendant.
Due to change in assignment matter is again fixed for hearing of NM.
Matter Adjd for NM Hearing on 03/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022
Date: 03-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. Rajesh Patil for plaintiff present.
None present for defendant.
Kb.
Later on 04.09 pm.
Heard Ld. Adv. for plaintiff on NM No.1895 of 2020. Matter be kept for order.
Matter Adjd for NM Order on 25/03/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv. Rajesh Patil for plaintiff present.
None present for defendant.
Kb for order.
Order below NM No.1895 of 2020.
Heard ld. Adv. For plaintiff. Reply not filed on behalf of defendant and respondents. Already interim order was passed as per order dt.10.02.2021 and 22.03.2021. Hence the interim order is extended till the disposal of suit.
ORDER
Executive Engineer (Parivan City), 2nd Floor, Worli, Yangruh Building, Dr. E. Mozese Road, Worli, Mumbai - 400 018 is directed to with hold Rs.2,88,762/- and not to pay the said amount to the defendant i.e. Designation J.C.B. Operator, E.C. No.3583997 till the disposal of summary suit.
Matter Adjd for taking steps on 13/06/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv. Rajesh Patil for plaintiff present.
None present for defendant.
Matter Adjd for ex-parte evidence on 27/07/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
Exhibit 4 – Claim affidavit. O- R & R.
Exhibit 5 – List of documents.
KB.
LO at 12.35 pm
Heard Ld of plaintiff on admissibility of document.
Order on admissibility of document.
Exh- 6 Promissory Note dated 15.10.2018.
Exh- 7 Demand Notice dated 10.09.2019
Art. A. Photocopy of Money Lending Licence.
Art B. Photocopy of Form No. 10.
Art C. Photocopy of cash entry.
Art. D Photocopy of Ledger entry.
Exh- 8 Evidence close pursis. O- Seen.
Matter Adjd for Ex- Parte Argument to 23.08.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Adv. Rajesh Patil for plaintiff present.
None present for defendant.
Heard final argument of plaintiff.
Matter Adjd for ex-parte judgment on 12/10/2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Court is on leave
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 05-11-2022
Date: 05-11-2022
Business: Adv. Rajesh Patil for plaintiff present.
None present for defendant.
F.R.S.R. following order in Summary Suit No.1270 of 2019 is passed-
ORDER
1. The Summary Suit No.1270 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs.2,88,762/-(Rupees Two Lacs Eighty Eight Thousand Seven Hundred and Sixty Two only) to the plaintiff with interest on the principal amount of Rs.2,40,000/- (Rupees Two Lacs Forty 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: 05-11-2022
