Date: 25-02-2020
Business: Adv. Ritika Iyer for plaintiff
None for defendant
On the request of plaintiff adjd for service report to 21-03-2020
Next Purpose: REPORT
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 13.04.2020 for report
Next Purpose: REPORT
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPORT
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Next Purpose: REPORT
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: adjd to 15.07.2020.
Judge
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 05-10-2020
Date: 05-10-2020
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 of 2020 dtd.30.9.2020 of this Court.
Matter adjd to 27/10/2020 for report.
Next Purpose: REPORT
Next Hearing Date: 27-10-2020
Date: 27-10-2020
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.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 12/11/2020 for report.
Next Purpose: REPORT
Next Hearing Date: 12-11-2020
Date: 12-11-2020
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 05.12.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: None for plaintiff. None for defendant.
Matter adjd to 04/01/2021 for report.
Next Purpose: REPORT
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 02.02.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv.Mr.Nasir N. Khilji for defendant present and filed application for matter taken on today\''s board, Exh.2 t.o.r. O-Allowed.
Written statement of defendant No.1, Exh.3 t.o.r.
O-Put up on date fixed.
Matter adjd to 02.02.2021.
Next Purpose: REPORT
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv.Jai Yadav for plaintiff present.
None present for defendant.
Affidavit of service of summons, Exh.4 filed by Adv.of plaintiff t.o.r.. O-Defendant no.1 served on 19.02.2021. He has not appeared in the suit. Suit to proceed ex-parte against defendant No.1.
Adv.of plaintiff filed application, Exh.5 for issue writ of summons against defendant No.2 t.o.r. O-Issue fresh summons as prayed.
Matter adjd to 01.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: None present for plaintiff
None present for defendant.
Await report of summons in respect of defendant No. 2.
Matter adjd to 19.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: None present.
Matter adjd to 07.04.2021 for await service report against defendant no.2.
Next Purpose: REPORT
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 05.05.2021 for await service report.
Next Purpose: REPORT
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 21.06.2021.
Next Purpose: REPORT
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: As PO is on leave. Matter is adjd to 21.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Hetal Vakil present for plaintiff.
None present for defendant.
Exh. 6 The plaintiff tendered service affidavit alongwith writ of summons.
O - Read the postal acknowledgement card with service affidavit Exh. 4 and Exh. 6 both the defendants are duly serve the suit summons. They are absent. Hence suit to proceed ex-parte.
Matter adjd to 29-10-2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.35 pm,
Adv.Hetal Vakil i/b.J.R.Vakil and Associates for plaintiff present.
On oral request adjd for filing affidavit of evidence.
Matter adjd to 09.12.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.54 p.m.
Adv.Jay Yadav for plaintiff present.
Plaintiff filed affidavit of evidence Exh.07 of Ms.Hima Gosalia alongwith Compilation of documents t.o.r. marked as Exh.8
Matter adjd to 14.01.2022 for marking of documents and further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None present for plaintiff.
None present for defendant.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr. No.1 is copy of board resolution dated 25.02.2019. Read the contents of Para No.2 of affidavit of evidence. It is marked as Exh.9.
2. The document at Sr. No.2 is copy of board resolution dated 02.08.2021. Read the contents of Para No.2 of affidavit of evidence. It is marked as Exh.10.
3. The document at Sr. No.3 is xerox copy of purchase order dated 10.06.2017. It is marked as Article-X.
4. The document at Sr. No.4 is xerox copy of purchase order dated 28.06.2017. It is marked as Article-X1.
5. The documents at Sr. No.5 to 19 are original various lorry receipts. Read the contents of Para No.4 of affidavit of evidence. They are marked as Exh.11 (colly.) .
6. The documents at Sr. No.20 to 34 are copies of various invoices. Read the contents of Para No.5 of affidavit of evidence. They are marked as Exh.12 (colly.).
7. The document at Sr. No.35 is copy of credit note dated 10.01.2018. Read the contents of Para No.6 of affidavit of evidence. It is marked as Exh.13.
8. The document at Sr. No.36 is copy of sales ledger dated 01.04.2017 to 26.12.2019. Read the contents of Para No.6 of affidavit of evidence. It is marked as Exh.14.
Suit is ex-parte, hence, no cross.
Matter adjd to 11.02.2022 for R/E if any.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 11.03.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Date: 16-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
L.O at 01.12 p.m.
Adv. Mr. Jay Yadav for the plaintiff present.
KB
L.O. at 05.10 p.m.
Court pronounced the Judgment and passed following order
O R D E R
1. Suit is decreed with costs as follows
a) The defendant No.2 do pay to the plaintiff an amount of Rs.6,28,757/-(Rupees Six Lakhs Twenty Eight Thousand Seven Hundred Fifty Seven Only) alongwith interest at the rate of 12 percent p.a. on principal sum of Rs.4,18,193/-(Rupees Four Lakhs Eighteen Thousand One Hundred Ninety Three Only) from the date of filing of the suit till the date of realisation.
2. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 16-03-2022
