Kirit Pravin Aya (Huf) vs Falguni Hitesh Chotai And Anr
2023 Latest Caselaw 9770 Bom

                                                 2. SS 6-22 @ LPETN 68-22.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              ORDINARY ORIGINAL CIVIL JURISDICTION

                SUMMONS FOR JUDGMENT NO.6 OF 2022
                               WITH
                   LEAVE PETITION NO. 68 OF 2022

Kirti Pravin Aya                                 ...Plaintiff
       V/s.
Falguni Hitesh Chotai and Anr.                   ...Defendants.



Mr. Yashvi Panchal Advocate for the Plaintiff.
None for defendants.

                    CORAM    :     ABHAY AHUJA, J.

                    DATE     :     20th SEPTEMBER 2023

P.C. :

1. This matter has been listed under the caption "exparte

decree". Learned counsel submits that although the writ of

summons has been received by the defendants on 5 th August,

2022, no appearance has been entered on behalf of the

defendants, within a period of 10 days and therefore, in default of

such non entering of appearance, the allegations in the plaint have

been deemed to be admitted and therefore, this matter has been

listed under the caption "exparte decree".

Nikita Gadgil 1/2

2. SS 6-22 @ LPETN 68-22.doc

2. Learned Counsel has also furnished the affidavit of evidence

of the plaintiff under Order 18 Rule 4 of the Code of Civil

Procedure as well as additional affidavit. She has also placed on

record originals of the documents sought to be referred to and

relied upon by the plaintiff for the purposes of the exparte decree.

3. After having heard the learned counsel for some time,

learned counsel for the plaintiff seeks sometime to furnish certain

clarifications with respect to (i) particulars of claim viz. total

amount that was loaned to the defendants; (ii) rate of interest and

(iii) appropriation of the amounts repaid by the defendants.

4. List on 4th October, 2023 under the same caption.

                                                                  (ABHAY AHUJA, J.)




                               Nikita Gadgil                                                        2/2
Signed by: Nikita Gadgil
Designation: PA To Honourable Judge
Date: 21/09/2023 10:10:25