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: Adv. Shaila Mandare for Plaintiff present.
None for Defendant.
Matter is adjd. to 17/12/2018 for Service.
Next Purpose: REPORT
Next Hearing Date: 17-12-2018
Date: 17-12-2018
Business: None present
Matter is Adjd for service on 12/02/2019
Next Purpose: SERVICE
Next Hearing Date: 12-02-2019
Date: 12-02-2019
Business: Adv for plff.Mr.Anushka Shreshtha present
Matter is Adjd for Affidavit of Service on 27/03/2019
Next Purpose: AFFIDAVIT OF SERVICE
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 Service affidavit on 06/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: P.O. is on training. Hence, matter adjd for...
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: P.O. is on leave Board is discharged
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Plaintiff present.
Adv. Sadika for Plaintiff present.
Adv. for defendant absent.
Adv. for plaintiff filed service affidavit.
Matter adjourned 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: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 16/02/2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: P.O. is on leave.
Matter is adjd to 17.04.2021 for Report
Next Purpose: REPORT
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 15/07/2021 for Report
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
Business: Adv. Sadika Naik for plaintiff present.
Plaintiff has already filed service affidavit on 18.12.2019. It is marked as Exh.2. As per service affidavit (Exh.2), deft. nos.1 to 3 were served with summons but they failed to tender their appearance. Therefore, suit to proceed without appearance of defts.
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 Bhoomi Yogesh 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.
CA of 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 26.09.2019
to 18.12.2019 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: Adv Riddhi Gupta for plaintiff along with plaintiff present and filed VP. t.o.r. marked as Exh. 05. O- Seen.
She has also filed an application for removal of the matter from the caption of dismissal. t.o.r. marked as Exh. 06.
O- Seen. Considering the request, last chance is granted as the matter is of 2021.
Matter stands Adj for filing Ex-parte Evidence on 20/03/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: None present.
KB
LO at 12.16 pm
Adv Riddhi Gupta for plaintiff present.
It is submitted that already the plaintiff has filed affidavit of evidence along with documents.
It is submitted that the plaintiff wants to file some more documents in support of her claim. Therefore, matter stands Adj for filing of documents on 04/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: . O. is on Leave in First Session
POA of plaintiff present.
Adv Riddhi Gupta for plaintiff present.
On oral request, matter stands Adj for filing ex-parte Evidence 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 Bhumi Yogesh Shah, POA of plaintiff present.
The Ld. Adv for plaintiff filed an application for seeking permission to file additional documents on record. t.o.r. marked as Exh. 07. O- Seen.
It is submitted that the plaintiff wants to file documents which are public documents and also copy of emails, ledger accounts, postal acknowledgments, copy of challan and financial statements of the defendant, etc., supported by certificate u/s 65B of the Evidence Act. Hence considering the request, application (Exh. 07) stands allowed.
Oath administered to the witness.
She admitted the contents of the affidavit of evidence as true and correct. It bears her signature.
Heard the Ld. Adv for plaintiff on marking of documents.
Document at Sr. no. 1 is an Original Power of Attorney marked as Exh. 08.
Document at Sr. no. 2 is photo copy of Registration Certificate marked as Exh. 09.
Document at Sr. no. 3 is Tax Invoice No. UV/16/13-14 dated 15/05/2014 and Challan No. UV/16/13-14 dated 06/05/2014 along with Tax Invoice of Sushma Steel Sales along with Tax Invoice of Multi Steel Industries marked as Exh. 10 collectively.
Document at Sr. no. 4 is Tax Invoice No. UV/19/14-15 dated 03/11/2014 and Challan No. UV/19/14-15 dated 01/11/2014 along with Tax Invoice of Sushma Steel Sales along with Tax Invoice of Multi Steel Industries marked as Exh. 11 collectively.
Document at Sr. no. 5 is Tax Invoice No. UV/21/14-15 dated 15/01/2015 and Challan No. UV/21/14-15 dated 03/01/2015 along with Tax Invoice of Chetan Iron Traders Pvt. Ltd marked as Exh. 12 collectively.
Document at Sr. no. 6 is Sales and Purchase Ledger for the year 15/12/2008 to 18/02/2015 and 15/12/2008 to 30/01/2015 marked as Exh. 13 collectively.
Document at Sr. no. 7 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. 14 collectively.
Document at Sr. no. 8 is Demand notice marked as Exh. 15.
Document at Sr. no. 2 is Postal Acknowledgment of Demand Notice marked as Exh. 15A collectively.
Document at Sr. no. 1 is Ledger Accounts of U. V. Corporation and TSMPL from 01/04/2008 to 31/03/2015 marked as Exh. 16 collectively.
Document at Sr. no. 3 is copy of email sent to defendants for demand dues marked as Exh. 17.
Document at Sr. no. 4 is the Challan of payment of charges for downloading the financial status statement of defendants marked as Exh. 18.
Document at Sr. no. 5 is Financial status document of Total Space Management Pvt. Ltd. as of March, 2015 showing amount payable to U. V. Corporation marked as Exh. 19.
Document at Sr. no. 6 is certificate u/s 65B of Evidence Act marked as Exh. 20.
Ld. Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 21. 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 22 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No. 344 of 2021 is partly decreed with Costs.
2. Defendants do pay jointly and severally the amount of Rs. 2,69,493/- 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. 344 of 2021 disposed of accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 10-06-2024
