M/s. Akshita Stationers and Computers Through Mr. Ramji Hirabhai RavriyaVsM/s. Clues Network Pvt. Ltd.

Date: 13-06-2023
Business: P.O. is on leave
Next Purpose: REPORT
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: By precipice
Adv. Pawar for plaintiff present.
Exh.2 -Adv. for plaintiff filed application for taking the matter on today\''s board.
O.-Allowed.
Exh.3 -Adv for plaintiff filed affidavit of service. O.-filed.
Exh.4 -Adv. for plaintiff filed application for correction of address and issue fresh summons to defendant.
O.- Perused the application. Heard. Ld. Counsel for plaintiff. Suit summons returned unserved due to mistake in address of defendant. Plaintiff wants to correct the same. Said amendment is formal in nature. Hence, allowed as prayed. Plaintiff to carry out necessary amendment within a 14 days and submits the amendment copy for Court record and for the defendant.
Matter already adjd to 17.07.2023.
Next Purpose: REPORT
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: P. O. is on leave.
Hence, Matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: P.O. is on leave.
Next Purpose: REPORT
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: P. O. is on leave.
Next Purpose: REPORT
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Presiding Officer is on leave.
Next Purpose: REPORT
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Court is Vacant.
Next Purpose: REPORT
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: Court is on Training.
Next Purpose: REPORT
Next Hearing Date: 16-07-2024

Date: 16-07-2024
Business: Adv Bhimrao Powar for plaintiff present.
Adv Jay Varia for defendant present.
Adv for plaintiff filed affidavit of service. t.o.r. marked as Exh. 06.
Adv for defendant tendered registered NM 3055/2023. t.o.r.
He also filed reply to NM 3055/2023. t.o.r.  Copy supplied to other side.
Matter is adjourned to 05/11/2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: Adv. Bhimrao Powar for plaintiff present.
Adv. Jay Varia for defendant present.
Both advocates argue on NM No.3055/23
Matter is adjourned to 07.01.2025 for Order.
Next Purpose: ORDER
Next Hearing Date: 07-01-2025

Date: 07-01-2025
Business: P.O is on leave.
Next Purpose: ORDER
Next Hearing Date: 30-01-2025

Date: 30-01-2025
Business: Adv. Bhimrao Pawar for plaintiff present.
Court is busy in hearing final argument on Suit No.8461/1995, 466/2016 and argument on Ch/s No.1189/18.
Matter is adjourned to 28.02.2025 for Order.
Next Purpose: ORDER
Next Hearing Date: 28-02-2025

Date: 28-02-2025
Business: None present.
Court is busy in dictating judgment in Sum Su No.725/2016 and heard argument in Suit No.7641/2001.
Matter is adjourned to 01.04.2025 for NM Order .
Next Purpose: NM  ORDERS
Next Hearing Date: 01-04-2025

Date: 01-04-2025
Business: None present.
Court is busy in final hearing of M.A No. 207/2023  and recording evidence in 2961/10 and passing order in NM No.3327/2023 and SJ 07/2023 hence adjourned.
Matter is adjourned to 19.04.2025 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-04-2025

Date: 19-04-2025
Business: P.O. is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-07-2025

Date: 01-07-2025
Business: None present.
Court is busy in recording evidence in Suit No.7129/2004, Suit No. 6272/2004 in entire second second as the witness had come from Dubai and hearing final argument in Suit No.8045/1998.
Matter is adjourned to 25.07.2025 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-07-2025

Date: 25-07-2025
Business: Plaintiff present in person.
Court is busy in passing order is suit No.3048/13, Sum Su 725/24, Sum su 1323/16 and hearing argument in Suit No.6758/04.
Matter is adjourned to 11.08.2025 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-08-2025

Date: 11-08-2025
Business: None present.
ORDER BELOW NM NO.3055/23
The present NM is filed by the defendant company for condoning the delay in filing its appearance. The reason the delay is that the defendant company is based in Gurgaon, Haryana and due to heavy rainfall and flood like situation they had kept the office shut. Thereafter, they appointed an advocate in Mumbai and sent the documents through courier. The delay is not intentional. If the defendants are denied the opportunity to put up their appearance, they will suffer irreparable loss. By filing reply the same is objected on the ground that the defendants were served on 27.06.2023 and they ought to have put their appearance within 10 days which they failed. There is delay of 74 days. The delay is not properly explained and the NM is false, frivolous and devoid of merit. Hence, dismissal of NM with cost is prayed.
          Heard argument of Adv. Waria for defendant and Adv. Pawar for plaintiff. The suit is for recovery of an amount of Rs.86,142/-   for goods sold, supplied and delivered. The record reveals that defendant company was served on 27.06.2023, however, they failed to put up their appearance within 10 days. On 28.07.2023 the draft NM was filed. Thus roughly there is delay of 74 days in putting appearance. The reason as stated in the NM is due to heavy rainfall and flood like situation, their office was closed. No any documentary evidence is filed on record to that effect, however, I am of the view that if the appearance is not taken on record, in that event, the suit will proceed without an opportunity of defending it. The same with cause serious prejudice to defendant company. Therefore, I am of the view that the opportunity to put appearance and the defend the suit is necessary to be granted to defendant. However, at the same time, the delay of 74 days cannot be condoned lightly. Hence, I proceed to pass following order -
ORDER
1. The NM No.3055/2023 filed by defendant is allowed with cost.
2. The delay in putting appearance is condoned subject to cost of Rs.2500/- to paid to plaintiff.
3. The NM No.3055/2023 is disposed of.
Matter is adjourned to 30.09.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2025

Date: 30-09-2025
Business: None for plaintiff.
Adv. Jay Varia for defendants present.
Matter is adjourned to 17.12.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2025

Date: 17-12-2025
Business: Adv. Bhimrao Pawar for plaintiff present and filed draft SJ alongwith supporting affidavit.
Order:- Leave granted to register.
Adv. Jay Varia for defendant present.
Copy of SJ alongwith supporting affidavit served upon Adv. Varia in Court.
Matter is adjourned to 03.01.2026 for Filing SJ/SJ Reply.
Next Purpose: REPLY
Next Hearing Date: 03-01-2026

Date: 03-01-2026
Business: Plaintiff present.
Adv. Bhimrao Pawar for plaintiff present and tendered register SJ No.310/2025 TOR.
None for defendant.
Order - The copy of SJ was served to Adv. Varia for defendant on 17.12.2025, however, no any leave to defend is filed within 10 days. Hence, SJ to proceed without reply.
Later on at 11.42 p.m
Adv. Jay Varia for defendant present and filed VP along with memo of address taken on record and marked as Exh.07 and Exh.08. Order-  Be filed.
Matter is adjourned to 06.04.2026 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-04-2026

Date: 06-04-2026
Business: Adv. Bhimrao Pawar for plaintiff present.
None for defendant.
Matter is adjourned to 22.06.2026 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-06-2026

Date: 22-06-2026
Business: None for Plaintiff. None for defendant.
No reply order was passed on SJ on 03.01.2026. Hence, plaintiff is directed to tender original documents on record on next date without fail.
Matter is adjourned to 06.08.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-08-2026

Date: 06-08-2026
Business: CA of plaintiff Mr. Ramji Ravriya is present.
Adv. Bhimrao Pawar for plaintiff is present.
Exh.09 - Compilation of original documents filed by plaintiff.
Matter is adjourned to 10.09.2026 for SJ argument.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-09-2026

Date: 10-09-2026
Business: Presiding officer is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-10-2026

NOTICE OF MOTION/103055/2023
SUMMONS FOR JUDGT/100310/2025

Registration Number: 100251/2023
Transfer Date: 01-01-2024
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 83 - judge 904

Filing Number: 100441/2023
Filing Date: 10-01-2023
First Hearing Date: 13th June 2023
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE