Date: 18-02-2020
Business: Matter assigned today.
None present.
Ex.02 Adv Clerk filed service affidavit with original writ of summons t.o.r. O- R and R.
KB. L.O. at 12.07 pm
Adv Disha Vardhan for plaintiff present.
KB. L.O. at 12.24 pm.
The Ld adv for plff submits that writ of summons are served to the defendant and the defendant accepted writ of summons on 06-02-2020 at 10.26 am. Perused the service affidavit Ex.02 and original writ of summons. I also perused Bailiff report annexed with the service affidavit. It is mentioned in the service affidavit that writ of summons are served to the defendant. It is mentioned in the Bailiff report that on 06-02-2020 at about 10.26 am writ of summons are served to the defendant and defendant accepted the same. Today none present for defendant. There is valid service of writ of summons to the defendant, inspite of it, defendant is absent today. Hence, suit be proceeded exparte against defendant. Therefore the Suit is proceeded ex-parte against deft.
Matter adjd for exparte evidence to 18-03-2020 at 11.0 am.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Both parties and their advs are absent.
Adjourned for Exparte Evidence to 8.4.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National lockdown due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdwon due to Covid 19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Business: National Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 05.11.2020.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Advocate Sonal Darbar for plaintiff is present and requested short adjournment. Request is allowed.
None present for defendant.
Adjourned for (ex-parte) evidence to 07.01.2021.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv. Preeti Gada for plaintiff present.
None for defendant .
Matter is adjd.to 27-01-2021 for Ex-parte evidence.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv. Preeti Gada for plaintiff present.
Exh. 3 - Evidence affidavit of PW - 1 - Nayan Mepani
Exh. 4 - Statement of Truth.
Exh. 5 - List of documents.
In view of evidence of PW - 1, following documents are
marked -
Exh. 6 - Notarized True copy of power of Attorney dtd. 11-
06-2019 executed by the plaintiff.
Exh. 7 - Original Bank Certificate dtd. 22-12-2020 issued
by plaintiff\''s banker.
Exh. 8 - Original Bill of Exchange cum demand promissory
note dtd. 28/06/2017.
Exh. 9- Original Bank Certificate dtd. 22-12-2020 of the
entries of interest amount issued by the plaintiff\''s banker.
Exh. 10 - Original Demand Notice dtd. 09-03-2019 by
plaintiff\''s adv. to deft.
Exh. 11 - Original acknowledgement card duly signed by
the deft.
Exh. 12 - evidence close puris.
Matter is adjd.to 11-02-2021 for argument.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: None for plaintiff and deft.
Matter is adjd.to 01.03.2021 for Argument (ex-parte).
Next Purpose: ARGUMENTS
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 30.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv. Ms. Jinkal Veera for plaintiff, prayed for short adjd. r/o. 31.03.2021.
None for defendant.
Matter is adjd.to 31.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv. Ms. Preeti Gada for plaintiff present.
None for defendant.
Heard argument of Adv. Gada for plff.
Exh.13- Judgment.
Judgment dictated and pronounced in open court.
F.R.S.R the following order is passed.
ORDER
1. Suit is partly decreed with cost.
2. Defendant shall pay the amount of Rs. 21,81,300/- (Rupees Twenty One Lakhs Eighty One Thousand Three Hundred Only) with interest @ 12 percent p.a. from the date of suit till realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 31-03-2021