Date: 28-01-2020
Business: Adv. Shital Shah for plaintiff.
None for defendant.
On the request of plaintiff date is extended to serve the writ of summons through bailiff.
Adjd for Service to 31-01-2020
Next Purpose: SERVICE
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Adv. Sheetal shah for plaintiff filed
Ex.1-4
Exh.5- Service affidavit
Exh.6- Application for substituted service.
The Summons issued to the defendants has been returned by the bailiff with remarks that defendant No.1 was not found at the said address. The premises of defendants No.2 and 3 were found locked. Thus, the summons could not be served by ordinary mode. There is sufficient ground to grant the service of summons by substituted mode. The plaintiff has requested for substituted mode by publication in the newspaper. In addition to it will be appropriate to direct the service by substituted mode by pasting on the conspicuous place. Hence, the application Exh.6 is allowed. Issue summons to the defendants by publication in the newspapers, 1 english and other in marathi being circulated daily in the local area. Simultaneously also issue summons to defendants No.1 to 3 by substituted mode of service by pasting the same on conspicuous place of the address of the defendants. The plaintiff to comply.
The interim order dtd.29.11.19 to continue till next date.
Adjd for service to 12-02-2020
Next Purpose: SERVICE
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv. Sheetal Shah for plaintiff filed
Exh.7- Affidavit of service of by pasting it on conspicuous place
Exh.8- Affidavit of service of Paper publication
The affidavit of service Exh.8 @ Newspaper cuttings shows that the summons has been published in the newspapers as per the order dtd.31.01.2020 as noted in the roznama. The affidavit of service Exh.7 shows that summons has been pasted on the conspicuous place of the address of defendants No.1 to 3.
Thus, there has been proper service of summons on defendants No.1 to 3. Despite service of summons defendants No.1 to 3 failed to appear. Hence, suit to proceed Ex-parte against defendants No.1 to 3. The interim relief to continue till next date.
Adjd for Ex-parte evidence to 15-02-2020 at 2.45pm.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Adv. Sonam Ghiya for plaintiff.
None for defendant
Interim relief to continue till next date.
Adjd on the request of plaintiff for Ex-parte evidence to 18-02-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Jinal Vane for plaintiff filed
Exh.9- Evidence affidavit
Exh.10- List of documents
Evidence closed on behalf of plaintiff
The interim relief to continue till next date.
Adjd for arguments to 24-02-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Shah for plaintiff
Heard argument on behalf of plaintiff.
Interim order to continue till next date.
Adjd for judgment in suit and order on NM to 02-03-2020
Next Purpose: JUDGMENT
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv. Shital Shah for plaintiff present.
None for Defendant.
F.R.S.R. following order
ORDER
1.The suit is ex-parte decreed as under
2.Defendants No.1 to 3 jointly and severally shall pay to the plaintiff amount of Rs.16,76,000/-(Rupees Sixteen lakhs Seventy six thousand Only) with simple interest @ 18 p.p.a. on the principal amount of Rs.10,00,000/- from the date of suit till realization of the amount.
3.Defendants No.1 to 3 jointly and severally shall further pay to the plaintiff amount of Rs.1,50,000/- towards the costs of this suit.
4.The suit flat No.9 situated on 4th floor, Ramesh CHSL near Bhatia Hospital, Villgae Road, Bhandupt(W),Mumbai, be sold and the sale proceeds received from the same be utilized towards satisfaction of the decretal amount.
5.Court fees be refunded to the plaintiff as per rules.
4.Decree be drawn up accordingly.
Nature Of Disposal: JUDGMENT
Disposal Date: 02-03-2020
