Date: 14-01-2020
Business: None for plaintiff.
Adv. Akash for defendant.
Adjd to 27.03.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: SERVICE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: P.O. is on leave.
Next Purpose: SERVICE
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: wrongly on board adjd to 26-04-2021
Next Purpose: SERVICE
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Adv. Rutash Jadhav h/f Shah Legal for plaintiff present.
None for defendant.
Matter is adjd.to 18-02-2022 for filing affidavit of
service regarding SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Rutash Jadhav for plaintiff present and filed affidavit of service regarding S/J No.287/19 with track report of delivery and xerox copies of postal receipt and letter dtd. 11-11-2021 t.o.r. and marked as Exh.3
Adv. Reenu Lanje for defendant present.
Matter is adjd.to 04-03-2022 for S/J Reply.
Next Purpose: REPLY
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: None for plaintiff.
Adv. Prashant Phophale a/w Adv. Reena Lange for defendant present and filed application for adjournment t.o.r. and marked as Exh.4.
Heard Ld. Adv. Prashant Phophale for defendant. On perusal of contents in Exh. 4 , it is not clear exactly for what purpose the defendant is seeking adjournment. Admittedly, the suit was originally registered as Summary Suit No. 748/2018. Then the plaintiff field Summons for Judgment No. 287/2019. Subsequently, the suit came to be re-registered as a Commercial Suit. Re-registration of the suit as a Commercial Suit does not take away the right of the plaintiff to have his matter tried by following the procedure under Order 37 of the C.P.C.. Honble High Court has created new category of the suit, Commercial Summary Suit as per letter dtd. 02-09-2021. Hence, procedure under Order 37 of the C.P.C. is application to the case in hand. As no development has taken place by way of decision in Summons for Judgment, the matter has not reached the stage to follow the procedure applicable to ordinary suit as per Order 37 Rule 7 of the C.P.C..
The defendant is served with S/j on 24-11-2021 as per affidavit of service Exh. 3, and it was expected from him to file leave to defend within 10 days from the date of service. While seeking adjournment, the defendant has not clarified specific purpose and wording of the application is vague. Hence, application Exh. 4 is rejected. S/J No. 287/19 is fixed for hearing without reply.
Matter is adjd.to 30-03-2022 for S/J Hrg.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv. Rutash Jadhav for plaintiff present.
Adv. Monali Solanki for defendant present and prayed for adjournment due to ill health of Adv. Prashant Phophale -short date be given.
Matter is adjd.to 22-06-2022 for S/J Hrg. (2.45pm)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Rutash Jadhav for plaintiff present.
None for defendant when called.
Defendant and his advocate absent. Defendant failed to file say in SJ No. 287/19 hence Summons for judgment no. 287/19 to proceed without reply of defendant.
Adjd for SJ hearing to 06/08/2022
L. O
Adv. Monali Solanki for defendant present.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: Adv. Rutash Jadhav for plaintiff present.
None for defendant when called.
Heard arguments of adv. Rutash Jadhav for plaintiff on SJ No. 287/19.
On perusal of record it appears that defendants has not filed reply to the SJ.
Therefore the SJ was proceeded without reply of defendants. Sufficient opportunity already given to the defendants to argue the SJ. They failed to argue the matter hence, SJ be posted for order without argument of defendants.
Adjd. to 18/08/2022 for SJ Orders.
Next Purpose: ORDER
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Rutash Jadhav for plaintiff present.
Court is busy in passing orders in other suits hence adjourned.
Adjd for SJ orders to 22/08/2022
Next Purpose: ORDER
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Rutash Jadhav for plaintiff present.
Court is busy in passing order in other suit. Hence adjourned.
Adjd for SJ orders to 24/08/2022
Next Purpose: ORDER
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Rutash Jadhav for plaintiff present.
Court is busy in passing orders in other suit hence adjourned.
Adjd for SJ orders to 06/09/2022
Next Purpose: ORDER
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv. Rutash Jadhav for plaintiff present.
FRSR the following order is passed in SJ No. 287/19
ORDER
1. The Summons for Judgment No.287 of 2019 is allowed.
2. The Commercial Suit No. 698 of 2021 is decreed.
3. The defendants are directed to pay an amount of Rs. 7,72,467/- (Rupees Seven Lakh Seventy Two Thousand Four Hundred Sixty Seven only) to the plaintiff with interest at the rate of 12 percent per annum from the date of filing of the suit till the date of realization within three months from the date of this order.
4. The defendants shall bear the costs of the suit.
5. Court fee be refunded to the plaintiff as per rule.
6. Decree be drawn up accordingly.
7. Proceeding of Summons for Judgment No.287 of 2019 is closed.
Nature Of Disposal: ALLOWED
Disposal Date: 06-10-2022
