Date: 20-02-2020
Business: Adv. Carvalho for plaintiff present.
None for deft.
Issue writ of summons to deft for settlement of issues.
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Adjd to 20.03.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Adv.Ausgre Carvalho for plaintiff present.
Adv.for defendant absent.
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 09.04.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: SERVICE
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: Wrongly shown on today\''s board.
Matter adjd to 21.08.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020
Matter adjd to 19/10/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 03-11-2020
Date: 03-11-2020
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 24/11/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 24-11-2020
Date: 24-11-2020
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 17/12/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Adv.Ausgre Carvalho for plaintiff present.
None for defendant.
Advocate for plaintiff tendered affidavit of service as per affidavit and endorsement over envelop defendant refused to receive writ of summons fail to challenge address over it. Absent today. Hence , suit is proceeded Ex-party against defendant.
Matter adjd to 19.01.2021 for Ex-party evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv.Ausgre Carvalho for plaintiff present.
None present for defendant.
At the request of Adv.of plaintiff, matter adjourned.
Matter adjd to 12.02.2021 for Ex-parte hearing/case management hearing.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv.Ausgre Carvalho for plaintiff present.
None present for defendant.
Ld.adv.filed application for adjournment, Exh.6 t.o.r.
Adv. of plaintiff seeks time for compliance. Time granted for compliance as last chance.
Matter adjd to 01.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv.Mr.Ausgre Carvalho for plaintiff present.
None present for defendant.
KB
LO
Adv.Mr.Ausgre Carvalho for plaintiff present.
Adjournment application, Exh.7 filed by Adv. of plaintiff t.o.r.
O-One week time granted.
Matter adjd to 08.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv.Ausgre Carvalho for plaintiff present.
None present for defendant.
Witness present.
Statement of truth, Exh.8 filed by plaintiff t.o.r. O-filed.
Affidavit of examination-in-chief, Exh.9 filed by Adv. of plaintiff t.o.r.
O-filed.
PW-1, Ramkantan Subramanian resumed on S.A.
List of documents, Exh.10 filed by Adv. of plaintiff t.o.r.
O-Documents are annexed with this list are exhibited formally. Its evidentiary value will be considered at the time of final argument of suit.
Tax invoice no.20161780048 dated 08.07.2016, Exh.11.
Tax invoice no.20161780051 dated 16.07.2016, Exh.12.
Tax invoice no.20161780059 dated 29.07.2016, Exh.13.
Tax invoice no.20161780061 dated 30.07.2016, Exh.14.
Tax invoice no.20161780065 dated 10.08.2016, Exh.15.
Tax invoice no.20161780066 dated 10.08.2016, Exh.16.
Tax invoice no.20161780209 dated 31.03.2017, Exh.17.
Statement of Ramakantan Subramanian dated 31.08.2020 to Turbhe Police station and panchanama dated 01.09.2020, Exh.18.
Email dated 27.02.2017 of the plaintiff a/w. Certificate u/s.65B of evidence Act, Exh.19.
Email dated 28.02.2017 of the defendant a/w. Certificate u/s.65B of evidence Act, Exh.20.
Email dated 20.03.2017 exchanged between the defendant and plaintiff. Certificate u/s.65B of evidence Act, Exh.21.
Legal Notice dated 31.08.2018, Exh.22
Postal receipt, Exh.23.
RPAD packet returned, Exh.24.
Email of advocate dated 09.10.2018. Certificate u/s.65B of evidence Act, Exh.25.
Ledger statement for the period from 1st April 2016 to 2nd June 2017 a/w. Certificate U/s.65B of evidence Act, Exh.26.
Resolution dated 03.01.2019 authority letter of Mr.Ramakantan Subramanian, Exh.27.
Matter adjd to 16.03.2021 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv.Ausgre Carvalho for plaintiff present.
None present for defendant.
KB
LO
Adv.Ausgre Carvalho for plaintiff present.
Application, Exh.28 filed for seeking permission to sign certificate U/S.65B of Indian Evidence Act filed alongwith Exh.19, Exh.20, Exh.21, Exh.25, Exh.26. It is submitted that the certificates are inadvertently not signed.
O-Application is allowed. Plaintiff permitted to sign the certificate U/S.65B of Indian Evidence Act. The certificate are signed by plaintiff and they are marked as Exh.19, Exh.20 colly., Exh.21 colly., Exh.25 colly., Exh.26 colly.
Evidence closure pursis, Exh.29 filed by Adv. of plaintiff t.o.r.
O-filed.
Matter adjd to 22.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv.Ausgre Carvalho for plaintiff present.
None present for defendant.
Written argument, Exh.30 filed by Adv. of plaintiff t.o.r.
Heard oral argument of Adv. of plaintiff.
Matter adjd to 24.03.2021 at 04.30 pm for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv.Ausgre Carvalho for plaintiff present.
None present for defendant.
Matter adjd to 25.03.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: None present for plaintiff.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed.
ORDER
1. Suit is decreed with costs.
2.The defendant is directed to pay to the plaintiff a sum of Rs.9,74,794.00 (Rupees Nine Lakhs Seventy Four Thousand Seven Hundred and Ninety Four Only). The defendant is further directed to pay to the plaintiff the interest at the rate of 24 percent p.a. on the principal amount of Rs.6,49,863.00 (Rupees Six Lakhs Forty Nine Thousand Eight Hundred and Sixty Three Only) from the date of filing of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 25-03-2021