Date: 05-03-2020
Business: Adv for plff. Mr.Balbheem Patil present.
None for the defendant.
Exh 02 Adv for plff. filed Affidavit of Service with the remark that defendant signed on the original writ of summons.
O-It appears deft fail to appear. Therefore, suit to proceed exparte against deft.
Matter is Adjd for Exparte Evidence to 16.04.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to 20.02.2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: As P.O. is on online 40hrs. Mediation Training Programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21. Matter is adjourned
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: None present.
Matter adjd for Ex-parte evidence on 22.07.2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO
Same appearance.
Matter adjd to 27.08.2021 for R/E (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.38 pm
None present.
Matter adjd to 03.09.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv.Arvind Taral for plaintiff present.
None present for defendant.
Matter adjd to 04.09.2021 for filing of evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Adv.Balbhim Patil for plaintiff present.
None present for defendant.
The plaintiff submits that the witness is not present but his affidavit of evidence is ready, hence, adjourned for filing affidavit of evidence on 18.09.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Adv.Balbheem Patil for plaintiff present.
None present for defendant.
Heard Adv.Mr.Balbheem Patil.
Matter adjd to 30.09.2021 for order in respect of jurisdiction.
Next Purpose: ORDER
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 05.30 pm
None present.
(As Court is busy in recording evidence in Com.SU 100/21 and dictating judgment in Com.SU 122/19, Com. SU 123/19, NM No.1887/21, NM 732/20, Com.SU 466/21, hence, adjourned.)
Matter adjd to 12.10.2021 for order in respect of jurisdiction.
Next Purpose: ORDER
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv.Balbheem Patil for plaintiff present.
None present for defendant.
KB
LO at 02.45 pm
(As PO is on leave in 2nd Session, hence, matter adjourned.)
Matter adjd to 26.10.2021 for order in respect of jurisdiction.
Next Purpose: ORDER
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 3.25 p.m.
None appear.
ORDER
Read the plaint. It is the contention of the plaintiff that the plaintiff has advanced friendly loan to the defendant. Recently, the Hon\''ble Calcutta High Court in Ladymoon Towers Pvt. Ltd. Vs. Mahendra Investment Advisors Pvt. Ltd. IA No. GA/4/2021 in CS/99/2020 dated 13.08.2021 held that, cases of friendly loan will not be covered in the definition of commercial dispute. Hence, the suit cannot be proceeded in the commercial courts. Accordingly, the Registrar (Civil) to assign the suit to the proper Court.
Matter adjd to 23.11.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: None present.
Matter is adjd. to 19/01/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to 12-04-2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Advocate Mr. B.S. Patil for plaintiff present.
None for defendant.
Matter is adjd. for compliance to 30-06-2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Both parties and their adv. absent.
Adjd to 24/08/2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Matter pertains to C.R.No.15
By Praecipe
Adv. Balbheem Patil for plaintiff present.
None present for defendant.
Exh.03 - Application for taking matter on today\''s board. O-Allowed.
Draft Notice of Motion alongwith affidavit in support tendered by plaintiff.
Order - Leave is granted to register the Notice of Motion.
Matter already adjd for tendering original registered NM on 24/08/2022.
Next Purpose: SERVICE
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Matter pertains to C.R.No.15
Adv. Balbheem Patil for plaintiff present.
None present for defendant.
On the oral request by Ld. Adv. for plff. Time is extended for tendering tendering original registered NM.
Matter Adjd for tendering original registered NM on 01/11/2022.
Next Purpose: SERVICE
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: As court is vacant.
Next Purpose: SERVICE
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: None present.
Matter Adjd for tendering original NM and NM Service on 28/07/2023.
Next Purpose: SERVICE
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Adv.Balbheem Patil present for plaintiff, tendered application for undertake the tender of NM TOR marked as Exh.
None present for defendant.
Plaintiff has not tendered the NM the plaintiff submitted he does not want to proceed with Notice of Motion, hence Notice of Motion no. 3284/22 disposed as withdrawn. The plaintiff is directed to tender the Notice of Motion on next date.
Notice of Motion No.3284/22 proceed is closed.
Matter stands adjourned for ex-parte argument on 23-08-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Adv. Balbheem Patil present for Plaintiff.
None present for defendant.
The following documents are exhibited as under.
The Document at Sr.No.1 Exhibit A a plaint original dishonored demand promissory note dated 22nd October, 2017 for Rs. 3,00,000/- TOR marked as Exh.6.
The Document at Sr.No.2 Exhibit -B to plaint Demand notice dated 08th May, 2018, along with two postal receipts and two AD. Cards TOR marked as Exh.7.
He also filed evidence closing pursis TOR marked as Exh.8.
Matter stands adjourned for argument on 02-09-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: Adv. Balbheem Patil present for plaintiff.
Inadvertently, claim affidavit and compilation of document was not filed on record on last date, today it is taken on record and marked at Exh.4 and Exh.5.
KB.
L.O. at 5.00 pm.
Heard.
Judgment Exh.9
F.R.S.R. following order is passed-
ORDER
1.Summary Civil Suit No.982/2021, is hereby partly decreed with costs.
2.Plaintiff is entitled to recover an amount of Rs.3,00,000/- alongwith interest at the rate of 9 percent per annum, from the date of filing till its full realisation from the defendant.
3.Court fees, if any, be refunded as per rule.
4.Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
Nature Of Disposal: PARTLY DECREED
Disposal Date: 02-09-2023