Date: 10-02-2020
Business: Advocate Dr. Pardeshi for plaintiff is present and filed original writ of summons and requested short adjournment for filing service affidavit.
None present for defendant.
Exh.1 - Plaint.
Exh.2 - V/P of plaintiff.
Exh.3 - Memorandum of address.
Exh.4 - List of documents.
Exh.5 - Original writ of summons.
Adjourned for filing service affidavit to 10.03.2020.
Judge
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 10-03-2020
Date: 10-03-2020
Business: Holiday on 10/3/2020 i.e. Dhulivandan (Holi).
Hence adjourned to 21/4/2020.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: By preceipe.
Advocate for plaintiff is present and tendered service affidavit. Exh.6. Summons is duly served on the Deft Nos.1 and 3.
Not served on Deft Nos.2 and 4.
Adjourned for appearance of the Deft Nos.1 and 3 and steps against the Deft Nos.2 and 4 (already adjourned to 21/4/2020).
Next Purpose: FOR APPERANCE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR APPERANCE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR APPERANCE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: FOR APPERANCE
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Plaintiff present. Advocate absent.
None present for the deft.
Today matter is for appearance of the deft Nos. 1 and 3 and steps against the deft Nos. 2 and 4.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for appearance of the det nos. 1 and 3 and steps against the deft Nos. 2 and 4 on 19.03.2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: At. 1.18 pm
Adv. for plaintiff present.
None for defendant.
The defendant are resident of Mumbai within the jurisdiction of court therefore as per Order V of CPC on the basis of RPAD acknowledgment exparte cannot be passed against defendant.
The plaintiff to serve the writ of summons to the defendant through bailiff.
Adjd for writ of summons to 13/07/2021
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: Matter pertains to C.R. 32
Plaintiff present.
Adv. Pradeepkumar Pardeshi for plaintiff present.
Exh.7-application for service of affidavit for t.o.r. O- allowed.
Exh.8-Affidavit of service of writ of summons filed by Adv. for plaintiff.
O.- t.o.r.
Matter is adjd.to 22-07-2021 for appearance of defendant.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: Adv.Pradipkumar Pardeshi for plaintiff present.
None present for defendant.
Due to rise in Covid cases, matter adjd to 09.08.2021 for ex-parte order against defendant.
Next Purpose: ORDER
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: PO is on Leave.
Next Purpose: ORDER
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Plaintiff No.1 a/w. his Adv.P.L.Pardeshi present.
None present for defendant.
Read the service affidavit, Exh.6, acknowledgment part Exh.A in respect of defendant No.1 and acknowledgment part Exh.C in respect of defendant No.3. Read the service affidavit, Exh.8, writ of summons Exh.A to Exh.8 a/w. bailiff report dated 30.06.2021. Writ of summons is duly served upon the defendant No.1 to 4. They failed to appear, hence, suit to proceed ex-parte against defendant No.1 to 4.
Matter adjd to 08.09.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv.Dr.P.L.Pardeshi for plaintiff present.
None present for defendant.
The plaintiff tendered affidavit of evidence of PW-1, Dr.Ritesh Gupta t.o.r. It is read and recorded. It is marked as Exh.9
The plaintiff tendered list of documents, Exh.10.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1.The document at Sr. No.1 is affiliation letter dated 26.10.2016 (page No.1). Read the contents of Para No.6. It is marked as Exh.11.
2. The document at Sr. No.2 is email dated 31.08.2017 (page No.2-3). It is part of electronic evidence in absence of certificate u/S.65B of Evidence Act. The document cannot be considered as prove, hence, it is marked as Article-X.
3. The document at Sr. No.3 is email dated 26.03.2018 (page No.4-5). It is part of electronic evidence in absence of certificate u/S.65B of Evidence Act. The document cannot be considered as prove, hence, it is marked as Article-X1.
4. The document at Sr. No.4 is email dated 13.04.2018 (page No.6-7). It is part of electronic evidence in absence of certificate u/S.65B of Evidence Act. The document cannot be considered as prove, hence, it is marked as Article-X2.
5. The document at Sr. No.5 is copy of statement in respect of the services rendered and the details of the patients treated during the period from 07.09.2016 to 26.04.2017 (page No.8-9). It is photocopy of the statement, not the original one, hence, it is marked as Article-X-3.
6. The document at Sr. No.6 is copy of demand notice dated 09.05.2018 (page No.10-19). Read the contents of Para No.14. It is marked as Exh.12.
7. The document at Sr. No.7 is original counterfoil issued by the Indian Postal Department (page No.20). It is marked as Exh.13.
8. The document at Sr. No.8 is original AD Card evidencing the receipt of advocate notice dated 09.05.2018 (page No.21). It is marked as Exh.14 (colly.).
9. The document at Sr. No.9 is copy of reply dated 29.08.2018 to defendant No.4 (page 22-23). Read the contents of Para No.16 of affidavit of evidence. It is marked as Exh.15.
10. The document at Sr. No.10 is original counterfoil issued by the Indian Postal department evidencing my dispatch of notice dated 29.08.2018 (page No.24). It is marked as Exh.16.
11. The document at Sr. No.11 is final notice dated 29.08.2018 (page No.25-30). Read the contents of Para No.17. It is marked as Exh.17.
12. The document at Sr. No.12 is original counterfoil issued by the Indian Postal department (page No.31). It is marked as Exh.18.
13. The document at Sr. No.13 is original AD Card evidencing the receipt of advocate notice dated 29.08.2018 (page No.32). It is marked as Exh.19.
Suit is ex-parte, hence, no cross.
Matter adjd to 20.10.2021 for further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Dr.Pradeep Pardeshi for plaintiff present.
None present for defendant.
KB
LO at 01.12 pm,
Dr.Pradeep Pardeshi for plaintiff present.
The plaintiff tendered application for permission to lead additional evidence, Exh.20 t.o.r.
Order- Heard the plaintiff. Considering the reasons stated permission to file additional evidence is granted.
Additional affidavit of evidence a/w.certificate 65B is tendered by the plaintiff. It is read and recorded. It is at Exh.21.
Matter adjd to 27.11.2021 for further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Adv.Dr.P.L.Pardeshi for plaintiff present.
None present for defendant.
KB
LO at 12.13 pm,
Adv.Dr.P.L.Pardeshi for plaintiff present.
ORDER BELOW EXH.21 REGARDING EXHIBITION OF DOCUMENTS
1. The document produced at Sr. No.2 with Exh.21 is Certificate u/S.65B of The Evidence Act. It is marked as Exh.22.
2. The document at Sr. No.2 to 4 at list Exh.10 are emails in view of certificate at Exh.22. They are respectively marked as Exh.23, Exh.24 and Exh.25.
Plaintiff filed evidence closing pursis, Exh.26.
Matter adjd to 18.12.2021 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Dr.Pradeep Kumar Pardeshi for plaintiff present.
None present for defendant.
PO is nominated for online special programme for Commercial Court on Arbitration, hence, adjourned.
Matter adjd to 10.01.2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Pradeep Kumar L. Pardeshi present for plaintiff.
None present for defendant.
The Ld. adv. for plaintiff wants to filed signed list of patients.
Matter adjd to 01.02.2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Adv.Dr.P.L.Pardeshi for plaintiff present.
None present for defendant.
The plaintiff tendered list of patients t.o.r. and marked as Exh.27.
KB for argument.
LO at 11.36 am,
Plaintiff present.
Adv.Dr.P.L.Pardeshi for plaintiff present.
Heard the plaintiff\''s final argument in the suit.
The plaintiff filed written notes of argument, Exh.28 t.o.r.
Matter adjd to 09.02.2022 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: Adv. Dr. Pradeep L. Pardeshi for plaintiff present.
None present for defendant.
Heard the plaintiff on the point of jurisdiction.
Matter adjd to 15.02.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv.Dr.Pradeep Kumar Pardeshi a/w. Dr.Abhar Korde for plaintiff present.
None present for defendant.
KB
LO at 01.09 pm,
Adv.Dr.Pradeep Kumar Pardeshi a/w. Dr.Abhar Korde for plaintiff present.
On oral request of the plaintiffs advocate adjd for further argument.
Matter adjd to 23.02.2022 for argument/judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Dr.Pradeep Pardeshi a/w. Dr.Abhay Korde for plaintiff present.
None present for defendant.
Heard Adv.of plaintiff.
F.R.S.R. the following order is passed
ORDER BELOW EXH.1
1. The Registrar (Civil) to assign this suit to the civil Court excluding Commercial Court as the dispute is not commercial dispute.
2. Compliance be made on or before 07.03.2022.
Matter adjd to 07.03.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: AS PO IS ON TRAINING, HENCE MATTER ADJT TO 17-06-2022
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Matter called out at 1.06 pm
Adv for plff present
Plff present.
None for def
Matter is adjd on 30.06.2022 for Argument
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Matter called out at 11.20 a.m.
Adv Dr. Pradeep Kumar L. Pardeshi for plaintiff present.
Adv for Defendant absent.
File not trace out.
Later on at 2.50 pm
Adv for plff tendered written arguments t.o.r. marked Exh 29
Heard arguments of adv for plff.
Matter is adjd on 12.07.2022 for Arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Matter called out at 11.13 am
Adv Pradeepkumar L. Pardeshi for plff present
None for Defendant
Matter is adjd on 26.07.2022 for Judgment
Next Purpose: JUDGMENT
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Matter called out at 11.23 am
Plff No.1 present
Adv for plff absent
None for Defendant
K.B. for Judgment
L.O. at 3.45 pm
Judgment pronounced
ORDER
1. Suit No. 447 of 2022 is partly decreed with costs.
2. Defendant shall jointly and severally pay an amount of Rs.5,60,000/- to plaintiff No. 1 with interest at the rate of 6 percent p.a. from the date of the suit till the realization of entire amount.
3. Decree be drawn up accordingly.
4. Suit No. 447 of 2022 is disposed off accordingly.
Nature Of Disposal: DECREED
Disposal Date: 26-07-2022