Date: 25-02-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: None present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 18/4/2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: As the Court is on leave Board is discharged and the matter stands adjd. to 02/11/20
Next Purpose: DIRECTIONS
Next Hearing Date: 02-11-2020
Date: 02-11-2020
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 23/11/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-11-2020
Date: 23-11-2020
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 11/12/2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: None for plff.
None for defendant.
Matter adjd to 14/01/2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
None present for plaintiff.
None present for defendant.
Matter adjd to 10-02-2021 for Ch/S
Next Purpose: DIRECTIONS
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Both parties and their advocates are absent.
Matter adjd to 09.03.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv.Hetal Vakil for plaintiff present.
None present for defendant.
KB
LO
Adv.Hetal Vakil for plaintiff present.
Adv. of plaintiff filed affidavit of service, Exh.2 t.o.r
The defendant No.1 served. Defendant No.2 not served.
Matter adjd to 18.03.2021 for steps by plaintiff.
LO
Adv.Hetal Vakil for plaintiff present.
Ld.Adv. prays for re-issuance of summons.
Application for fresh writ of summons against deft. No.1 filed by Adv. of plaintiff, Exh.3 t.o.r.
Matter adjd to 18.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 07.04.2021 for awaiting service report.
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 06.05.2021 for await service report.
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 27.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: PO is on Leave.
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.
The plaintiff filed service affidavit alongwith writ of summons.
Service is not complete Exh. 4
Matter adjd to 29-10-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.53 pm,
Adv.Hetal Vakil i/b.J.R.Vakil and Associates for plaintiff present.
On oral request adjd for steps.
Matter adjd to 09.12.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.59 p.m.
Adv.Jay Yadav for plaintiff present.
None present for defendant.
On oral request of plaintiff, matter adjd to 14.01.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 11.02.2022 for Steps.
Next Purpose: FOR TAKING STEPS
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 taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: None present for plaintiff.
None present for defendant.
In view of roznama dated 04.10.2021, the plaintiff was directed to take steps regarding service of suit summons, since then the plaintiff failed to take steps.
Matter adjd to 29.03.2022 for order against plaintiff.
Judge
LO at 01.19 pm,
Adv.Hetal Vakil i/b.J.R.Vakil and Associates for plaintiff present.
Adv.of plaintiff filed draft chamber summons a/w. affidavit in support t.o.r. O-Leave granted to register draft chamber summons.
Heard the plaintiff. Following order is pass on draft chamber summons.
ORDER IN DRAFT CHAMBER SUMMONS
The plaintiff has taken out this chamber summons to amend the title clause of the plaint. The plaintiff wants to add additional address of the defendant. The proposed amendment is technical one. It is just and necessary for effective service of suit summons, hence, it is required to be allowed. In the result I pass the following order.
ORDER
1.Draft chamber summons is allowed.
2.The proposed amendment as per the schedule attached with the draft chamber summons is allowed.
3.After compliance of amendment issue fresh writ of summons on the new address of the defendant.
4.Draft chamber summons is disposed of. It be registered for statistical purpose.
Matter adjd to 04.05.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv. Hetal Vakil present for plaintiff.
None present for defendant.
Advocate for the plaintiff filed service affidavit. t.o.r and marked as exh.5 colly.
Read the endorsement on the pocket. Summons is refused by the defendant. Hence, it is duly served.
Matter adjd to 16.06.2022 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: None present for both parties.
K.B. L.O. at 12.15 p.m.
As per service affidavit Exh.5 and RPAD envelope, deft No.1 refused to accept RPAD envelope which contained suit summons. Hence, deft No.1 deemed served with fresh suit summons after amendment. Deft No.2 already served as per service affidavit Exh.2 and RPAD acknowledgement filed with it.
Deft Nos.1 and 2 did not appear hence, suit be proceeded ex-parte against deft.
Adv of plff has filed affidavit in chief examination of witness Ms. Hima Gosalia at Exh.6
Documents filed with list by plff at Exh.7.
PW-1 present. Oath given to plff/PW-1 in Hindi language on chief examination Exh.6. He admitted contents of chief examination is true and correct.
Heard Adv.of plaintiff on the point of exhibiting of documents. As the suit is ex-parte, no argument of defendant. The following order is passed on exhibiting of documents. document s filed with list Exh.7 which are referred in chief examination are marked exhibits as under.
Board Resolution dt.25.02.2019 passed by plff. It is marked as Exh.8.
Board Resolution dt.02.08.2021 passed by plff. It is marked as Exh.9
Photocopy of purchase order dt.09.03.2018. The document being photo copy cannot be marked exhibit hence, marked as Art-A.
The document at Sr.Nos.4 to 6, 8 to 13, 15 to 19,21,24,25,27 are Lorry receipts. They are marked as Exh.10 to Exh.27 respectively.
The document at Sr.No.7,14,20,22,23 and 26 are photocopies of Lorry receipts and therefore photocopies cannot be exhibited. Hence they are marked as Art-B to Art-G respectively.
The document at Sr.Nos.28 to 51 are original invoice. These documents are marked as Exh.28 to 51 respectively.
The document at Sr.No.52 is office copy of debit note dt.07.02.2017. It is marked as Exh.52.
The document at Sr.No.53 to 55 are original credit notes. They are marked as Exh.53 to Exh.55 respectively.
Office copy of sales ledge dt.01.04.2016 to 15.04.2019 at Exh.56.
Evidence close pursis filed at Exh.57.
Matter adjd to 08.07.2022 for Ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv. Jay Yadav Present for Plff.
None Present for Deft.
Heard argument of adv of plff.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendants are jointly and severally directed to pay to plaintiff the amount of Rs.2,32,971/- with interest @ 18% p.a. from the date of suit till realization of the said amount.
3. Defendants are jointly and severally directed to pay the plaintiff pre suit accrued interest of Rs.1,05,355/-.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 08-07-2022