Date: 28-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Manoj Agiwal for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff orally request to grant time to file affidavit of service.
Matter adjd to 16.03.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: None present
Adjd to 15-09-2020 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv. Manoj Agrawal for plaintiff filed
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Service Affidavit
Adjd for Ex-parte order to 05-07-2021
Next Purpose: ORDER
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Adv. Mr. Belosay for Plff present.
None present for Deft.
The deft is duly served with writ of summons as per affidavit of service filed on record with acknowledgement. Acknowledgement reveals that the deft received copy on 18/01/2020. Hence, suit to proceed ex-parte against the defendant.
Matter is adjd.to 22.07.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: The P.O. is on leave, hence matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: None present.
Perused the proceeding sheet and plaint.
2. Suit was initially registered as a Short Cause Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute.
3. Section 12 of the Commercial Courts Act, 2015 makes a provision for determination of specified value. As per section 12 (1)(a) of the Commercial Courts Act, 2015, where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in a suit or application inclusive of interest, if any, computed upto the date of filing of the suit or application, as the case may be, shall be taken into account for determining such specified value.
4. Plaintiff is seeking recovery of the amount of Rs.2,37,379/-. It has also valued the suit for said amount. Thus, as per section 12(1)(a) of the Commercial Courts Act, 2015, specified value of the present suit would be Rs.2,37,379/-. Present suit does not qualify as a Commercial dispute considering the valuation of the claim made by the plaintiff. Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
Matter is adjd for compliance of above order to 06.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Court is Vacant. Board dicharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: AS PO IS ON TRAINING
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: None for plff
None for Defendant
Matter is adjd on 13.09.2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: None for plff
None for defendant
Matter is adjd on 08.12.2022 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: BY Praecipe O- Allowed.
Adv. Manoj Agiwala for plaintiff present.
He filed application to take the matter on board. Marked as Exh.2
Adv. for plaintiff submits that on 24.06.2022 plaintiff filed application to withdraw the suit no. 1646/2021 however instead of this suit, suit No. 1646/19 came to be disposed off on the basis of application filed by plaintiff. Perused record of suit NO. 1646/21 as well as suit no. 1646/2019. The application for withdrawal was filed by plaintiff in suit No. 1646/2021 however, inadvertently it came to be placed in the records of Suit no. 1646/19 and the said suit came to be disposed off. Suit No. 1646/2019 is already restored on the praecipe moved by adv. for plaintiff appearing in the said suit. The application of the plaintiff for withdrawal of suit no. 1646/2021 is taken on record of the present suit and it is marked as Exh.3. The court has already allowed the said application. Accordingly following order is passed below Exh. 1.
ORDER
1. Suit No. 1646/2021 stands disposed off as withdrawn.
2. Issue court fee refund certificate as per rules.
3. No order as to costs.
Nature Of Disposal: WITHDRAWL
Disposal Date: 20-09-2022