Date: 04-03-2020
Business: None for plaintiff.
None for defendants.
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Affidavit of service upon the deft. is filed t.o.r. Its marked at Exh.5
Despite deemed service on the defendant, the same has not turned up. Therefore, the suit is proceed ex parte against the deft.
Adjd to 27-03-2020 for R/E (Ex parte) .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 20.10.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.136/2020 dtd.30/9/2020 of this Court.
Matter adjd to 4/11/2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 11/11/ 2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 03.12.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Plaintiff absent.
Adv. Sonal Darbav for plaintiff present.
In view of order dated 4/3/2020 suit is proceeded ex-parte against defendant. However, till today plaintiff failed to filed evidence original document and statement of truth.
As per provision of commercial court act it was open plaintiff to tender original document @ statement of truth.
Today also failed to filed document and statement of truth.
Matter adjd to 14/12/2020 for compliance/ order.
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv.Sonal Darbar for plaintiff.
In view of order dtd.03.12.2020 direction was given to the plaintiff to file evidence, document and statement of truth. However plaintiff fail to comply direction. Hence Suit is kept for order.
Adjd to 17.12.2020 for Order.
Next Purpose: ORDER
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Plaintiff Nayan Leharchand Mepani present.
Adv.Sonal Darbar for plaintiff present.
None for defendant.
Adv. for plaintiff tendered affidavit in lieu of evidence alongwith statement of truth- Seen and verify.
Matter adjd to 18.01.2021 for Verification of documents and marking exhibit on documents.
Next Purpose: FOR___________________
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv.Preeti Gada for plaintiff present.
None present for defendant.
Ld. Adv.seeks time to keep the witness present.
Matter adjd to 27.01.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Plaintiff present.
Adv.Priti Gada for plaintiff present.
None present for defendant.
Adv.of plaintiff filed affidavit in examination in chief of the plaintiff, Exh.6 t.o.r.
PW-1, Nayan Laherchand Mepani resumed on SA
Adv.of plaintiff filed list of documents, Exh.7 t.o.r.
O-The documents annexed with this list are exhibited formally. Its evidenciary value will be considered at the time of final argument.
Bank certificate dated 04.12.2020 issued by the plaintiff\''s banker, Exh.8 t.o.r.
Original Bill of Exchange cum demand promissory note dated 24.05.2017, Exh.9.
Bank certificate dated 15.12.2020 issued by the plaintiff\''s banker, Exh.10.
Demand notice dated 31.05.2019 alongwith postal receipt issued by the plaintiff\''s advocate to the defendant, Exh.11.
Returned packet, Exh.12.
Statement of truth, Exh.13
Evidence closure pursis, Exh.14 filed by Adv.of plaintiff t.o.r.
O-filed.
Matter adjd to 08.02.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv.Sonal Darbar for plaintiff present.
None present for defendant.
Adv. of plaintiff orally requested time. Time granted.
Matter adjd to 15.02.2021 for Final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. Preeti Gada for plaintiff present.
Adv. for defendant absent.
Heard argument Adv. Preeti Gada.
Matter adjd to 18/02/2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv.Smita Durve for plaintiff present.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is decreed with costs.
2. The Defendant is directed to pay to the plaintiff a aggregate sum of Rs.17,30,475/- (Rupees Seventeen Lakhs Thirty Thousand Four Hundred and Seventy Five Only) i.e. Rs.15,00,000/- (Rupees Fifteen Lakhs only), being the principal loan amount and further sum of Rs.2,30,475/- (Rupees Two Lakhs Thirty Thousand Four Hundred and Seventy Five Only) towards the interest at the rate of 1.05 percent p. m. accrued thereon from 01.04.2018 till the date of filing of the suit and further interest at the rate of 1.05 percent per annum on the principal amount of Rs.15,00,000/- from the date of filing of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 18-02-2021