Date: 30-07-2018
Business: Adv. Anushka Shrehtha for Plaintiff present.
None for Defendant.
On the oral request of the advocate for plaintiff,
Matter is adjd. to 25/09/2018 for Report.
L.O.
Adv. Anushka Shrehtha for Plaintiff present.
She filed writ of summons, it is not served.
Advocate for Plaintiff has also filed application for re-issue of writ of summons on the new address, as mentioned in the application. Hence issue fresh Writ of summons upon the defendant on the given address.
Next Purpose: REPORT
Next Hearing Date: 25-09-2018
Date: 25-09-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 16/01/2019 for Service.
Next Purpose: REPORT
Next Hearing Date: 16-01-2019
Date: 16-01-2019
Business: None present
L.O.
Plaintiff present
Matter is Adjd for Service report on 19/01/2019
Next Purpose: REPORT
Next Hearing Date: 19-01-2019
Date: 19-01-2019
Business: None present
Matter is Adjd for Service Report on 15/03/2019
Next Purpose: REPORT
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Adv. Anushka Shrehtha Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed original writ of summons. t.o.r.
As per report of sheriff office the deft served the writ of summons on 14/09/2018 inperson upon deft no.2 for deft no. 1, 2 and 3. when called deft no. 1, 2 and 3 absent.
Ld counsel for the plff to sought time to file service affidavit.
Hence kept for Ex-parte order on 27/03/2019.
Next Purpose: ORDER
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Business: Matter transferred from Cr. no.09.
Both parties and their counsel absent.
R and P not received from Cr.no.09.
Adj. For Ex-parte order on 18/07/2019.
Next Purpose: ORDER
Next Hearing Date: 18-07-2019
Date: 18-07-2019
Business: Plaintiff present.
Defendent absent
Adv. for plaintiff present.
Adv. for defendant absent.
Matter adjd to 06.08.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: P.O. is on training. Hence, matter adjd ....
Next Purpose: ORDER
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: P.O. is on leave, Board is discharged
Next Purpose: ORDER
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: Adv.Sadhika Naik for plaintiff present, she tendered service affidavit.
None for defendant present.
Matter adj for report to 30.11.2019.
Next Purpose: REPORT
Next Hearing Date: 30-11-2019
Date: 30-11-2019
Business: None present.
Matter adj for Report to 05/03/2020
Next Purpose: REPORT
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 23.04.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 23-04-2020
Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 14-05-2020
Date: 14-05-2020
Next Purpose: REPORT
Next Hearing Date: 03-06-2020
Date: 03-06-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 20-06-2020
Date: 20-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: P.O. is on Leave.
Due to Covid-19 pandemic none appeared.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: P.O. is on leave.
Matter is adjd to 21.04.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 03/07/2021 for Report
Next Purpose: REPORT
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: REPORT
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv. Sadika Naik for plaintiff present.
Adv. For plaintiff already tendered service affidavit. Suit to proceed further without appearance of defts.
The matter is adjd for steps to 21.08.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Adv. Sadika Naik for plaintiff present.
The matter is adjd for ex-parte evidence to 18.09.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Adv. Sadika Naik for plaintiff present.
On oral request of Adv. For plaintiff, the matter is adjd for ex-parte evidence to 07.10.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: P.O. is on leave. Hence, Matter Adjourned to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. Sadhika Naik for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 18.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. Anushka Shreshtha for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 06.12.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. Sadika Naik for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 06.01.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv. Sadika Naik for plaintiff present. She submits that plaintiff is contracted with Corona Virus and sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 16.02.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv. Sadika Naik for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 28.02.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Sadika Naik for plaintiff present. She sought time for adducing evidence. Already sufficient opportunities are given. Therefore, matter be kept for dismissal order.
The matter is adjd for dismissal order to 21.03.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv. Anushka Shreshtha for plaintiff present.
Exh.3 - Adv. For plaintiff filed evidence affidavit of PW-1 Jayshree Shah. T.O.R.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.4 - List of documents. T.O.R.
The matter is adjd for further evidence to 18.04.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv. Anushka Shreshtha for plaintiff present.
She sought time for further evidence. Time as prayed for is granted.
The matter is adjd for evidence to 16.06.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Adv. Anushka Shreshtha for plaintiff present.
Adv. For plaintiff sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 04.07.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Adv. Anushka Shreshtha for plaintiff present. She sought time for adducing further evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 20.07.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv. Sadika Naik for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 10.08.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Anushka Shreshtha for plaintiff present.
On oral request of Adv. For plaintiff, the matter is adjd for ex-parte evidence to 24.08.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Anushka Shreshtha for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 20.09.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: The Court is Vacant.
Hence, matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: As court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: As court is vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: The Court is Vacant.
Hence, The Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: As court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-01-2023
Date: 17-01-2023
Business: The court is vacant.Hence, Matter is adjd.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Court is Vacant. Matter is adjourned to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: Matter received from C.R.No. 14
From the record it appears that roznamas from 21.04.2021
to 17.08.2021 are not pasted by the staff of concerned
Court before being finally transferred to this Court.
None present for plaintiff.
O- Matter is pending for ex-parte evidence. Plaintiff is
directed to give evidence on the next date without fail.
Matter is adj for Ex-parte evidence to 4/9/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: None present for plaintiff.
Matter is adj for ex-parte evidence to 09/10/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: None present.
Matter is adj for ex-parte evidence to 05/12/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: None present.
Matter is adj. for ex-parte evidence to 17/01/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: None present.
KB
LO at 1.05 pm
None present.
Matter stands Adj for Ex-parte Evidence on 20/02/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-02-2024
Date: 20-02-2024
Business: None present.
Roznama shows that since 20/09/2022 none present for the plaintiff. Hence the matter be kept for dismissal order.
Matter stands Adj for Dismissal order on 02/03/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: None present for plaintiff when called.
Roznama shows that none present for plaintiff on 26/07/2023, 04/09/2023, 09/10/2023, 05/12/2023, 17/01/2024 and 20/02/2024. Inspite of direction the plaintiff failed to adduce further evidence. Thus the matter was kept for dismissal order. Today also none present for the plaintiff when the matter was called.
At this juncture the Ld. Adv Riddhi Gupta for plaintiff along with plaintiff present and filed VP. t.o.r. marked as Exh. 05. O- Seen.
She has filed an application for permission to file additional documents. t.o.r. marked as Exh. 06. O- R and R.
Heard. Production of documents is allowed.
List of document is marked as Exh. 07. t.o.r. O- Seen.
PW 01 Jayshree Yogesh Shah present.
Oath administered to the witness.
She admits the contents of affidavit of examination-in-chief as true and correct. It bears her signature.
Heard the Ld. Adv for plaintiff on marking of documents.
Document at Sr. no. 1 is TIN allotment letter issued by Sales Tax officer marked as Exh. 08.
Document at Sr. no. 2 is Tax Invoice No. JE/02/13-14 dated 13/04/2013 and Challan No. JE/02/13-14 dated 04/04/2013 along with Tax Invoice of Sushma Steel Sales along with Tax Invoice of Maa Chintpuri Iron and Steel (India) Pvt. Ltd marked as Exh. 09 collectively.
Document at Sr. no. 3 is Tax Invoice No. JE/22/13-14 dated 23/11/2013 and Challan No. JE/22/13-14 dated 12/11/2013 along with Tax Invoice of Sushma Steel Sales along with Tax Invoice of Turbo Metals Pvt. Ltd marked as Exh. 10 collectively.
Document at Sr. no. 4 is Tax Invoice No. JE/23/13-14 dated 11/12/2013 and Challan No. JE/23/13-14 dated 04/12/2013 along with Tax Invoice of Sushma Steel Sales along with Tax Invoice of K. C. Ferro and Rerolling Mills Pvt. Ltd marked as Exh. 11 collectively.
Document at Sr. no. 5 is Tax Invoice No. JE/24/13-14 dated 05/02/2014 and Challan No. JE/24/13-14 dated 25/01/2014 along with Tax Invoice of VRU Steel along with Tax Invoice of Surya Ferrous marked as Exh. 12 collectively.
Document at Sr. no. 6 is Tax Invoice No. JE/25/13-14 dated 19/03/2014 and Challan No. JE/25/13-14 along with Tax Invoice of Mehta Steel Company marked as Exh. 13 collectively.
Document at Sr. no. 7 is Tax Invoice No. JE/26/13-14 dated 21/03/2014 and Challan No. JE/26/13-14 dated 21/03/2014 along with Tax Invoice of Mehta Steel Company marked as Exh. 14 collectively.
Document at Sr. no. 8 is Tax Invoice No. JE/01/14-15 dated 16/04/2014 and Challan No. JE/02/14-15 dated 10/04/2014 along with Tax Invoice of Sushma Steel Sales along with Tax Invoice of Multi Steel Industries marked as Exh. 15 collectively.
Document at Sr. no. 9 is Tax Invoice No. JE/02/14-15 dated 02/05/2014 and Challan No. JE/03/14-15 dated 22/04/2014 along with Tax Invoice of K. C. Ferro and Rolling Mills Pvt. Ltd marked as Exh. 16 collectively.
Document at Sr. no. 10 is Tax Invoice No. JE/03/14-15 dated 02/05/2014 and Challan No. JE/03/14-15 dated 26/04/2014 along with Tax Invoice of Sushma Steel Sales along with Tax Invoice of Metro Ispat Pvt. Ltd marked as Exh. 17 collectively.
Document at Sr. no. 11 is Tax Invoice No. JE/04/14-15 dated 22/05/2014 and Challan No. JE/04/14-15 dated 10/05/2014 along with Tax Invoice of Sushma Steel Sales along with Tax Invoice of Maa K. C. Ferro and Rolling Mills Pvt. Ltd marked as Exh. 18 collectively.
Document at Sr. no. 12 is Tax Invoice No. JE/05/14-15 dated 12/06/2014 and Challan No. JE/05/14-15 dated 31/05/2014 along with Tax Invoice of Sushma Steel Sales along with Tax Invoice of Thane Steels Pvt. Ltd marked as Exh. 19 collectively.
Document at Sr. no. 13 is Tax Invoice No. JE/06/14-15 dated 19/06/2014 and Challan No. JE/06/14-15 dated 11/06/2014 along with Tax Invoice of Sushma Steel Sales along with Tax Invoice of Multi Steel Pvt. Ltd marked as Exh. 20 collectively.
Document at Sr. no. 14 is Tax Invoice No. JE/07/14-15 dated 14/01/2015 and Challan No. JE/07/14-15 dated 18/11/2014 along with Tax Invoice of Mehta Steel Company marked as Exh. 21 collectively.
Document at Sr. no. 15 is Sales and Purchase ledger maintained by the office of the year 05/08/2007 to 18/11/2014 and 14/08/2007 to 18/11/2014 marked as Exh. 22 collectively.
Document at Sr. no. 16 is Income Tax Returns of the year 2008-2009, 2009-2010, 2010-2011, 2011-2012, 2012-2013, 2013-2014 and 2014-2015 marked as Exh. 23 collectively.
Document at Sr. no. 17 is Demand notice marked as Exh. 24.
Document at Sr. no. 18 is Statement of claim marked as Exh. 25.
Document at Sr. no. 1 is the challan of payment of charges for downloading the financial status statement of defendants marked as Exh. 26.
Document at Sr. no. 2 is KUD Realotors Pvt Ltd (KUD)\''s financial status documents as of March, 2015 showing the balance payable to U. V. Corporation marked as Exh. 27.
Document at Sr. no. 3 is certificate u/s 65B of Evidence Act marked as Exh. 28.
Ld. Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 29. O- Seen.
Matter stands Adj for Arguments on 20/03/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: None present.
KB
LO at 12.04 pm
Adv Riddhi Gupta for plaintiff present.
She filed an application for seeking permission to file documents on record. t.o.r. marked as Exh. 30. O- Seen.
She also filed list of documents. t.o.r. marked as Exh. 31.
O- Seen.
Heard.
Order below Exh. 30
It is submitted that the plaintiff has filed her affidavit of evidence (Exh. 03). However due to inadvertance the plaintiff has filed documents pertaining to financial statement of Total Space Management. The plaintiff has filed another suit against it. However the said document came to be filed in present suit and marked as Exh. 26. Therefore, the plaintiff wants to file financial status document of the defendant in the present case. Already the plaintiff is pleaded and deposed of regarding of said documents but due to overside and inadvertance documents of other case are filed in the present case instead of the documents filed along with list (Exh. 31). Therefore, considering the submissions and the fact that already there is pleading and evidence regarding documents filed with list Exh. 31, hence production of documents is allowed. Application stands disposed of.
Matter stands Adj for Marking of documents on 04/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: P. O. is on Leave in First Session
Plaintiff present.
Adv Riddhi Gupta for plaintiff present.
On oral request, matter stands Adj for marking of documents on 15/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: Adv Riddhi Gupta for plaintiff present.
PW 01 - POA of plaintiff present.
The Ld. Adv for plaintiff filed an application for permission to file certificate u/s 65B of the Evidence Act. t.o.r. marked as Exh. 32. O- Seen.
It is submitted that the plaintiff has filed two documents along with list Exh. 31. In support of said documents the plaintiff wants to file certificate u/s 65B of the Evidence Act. The application is supported by said certificate. Hence in view of submissions made, the application (Exh. 32) stands allowed.
Certificate u/s 65B of the Evidence Act is marked as Exh. 33.
Document at Sr. no. 1 of additional list of document is Financial status as of March, 2015 showing the balance amount payable to Jayshri Enterprise marked as Exh. 34.
Document at Sr. no. 2 of additional list of document is photo copy of email sent t defendants dated 06/03/2017 and 31/03/2017 marked as Exh. 35.
Ld. Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 36. O- Seen.
Matter stands Adj for Arguments on 25/04/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: P. O. is on Training.
Adv Riddhi Gupta for plaintiff present.
Matter stands Adj for Argument on 08/05/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-05-2024
Date: 08-05-2024
Business: Adv Riddhi Gupta for plaintiff present.
KB
LO at 3.05 pm
Adv Riddhi Gupta for plaintiff present.
Heard.
Matter stands Adj for Ex-parte Judgment on 10/05/2024.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 10-05-2024
Date: 10-05-2024
Business: Adv Riddhi Gupta for plaintiff present.
As the court is busy in passing order in Com. Suit No.359/2022, Com. Suit No.717/2022, Com. Sum. Suit No.209/2023 and hearing Hon\''ble High Court transfer matter.
Due to paucity of time matter stands adjourned on 10.06.2024 for Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 10-06-2024
Date: 10-06-2024
Business: Adv Manoj Thorat for plaintiff present.
Exh 37 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No. 343 of 2021 is partly decreed with Costs.
2. Defendants do pay jointly and severally the amount of Rs. 2,23,673/- with further interest @ 9 percent per annum from the date of its due till its full realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No. 343 of 2021 disposed of accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 10-06-2024
