Date: 01-11-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 11/02/2019 for Service report.
L.O.
Adv. Prathmesh Mundan for plaintiff present.
Next Purpose: REPORT
Next Hearing Date: 11-02-2019
Date: 11-02-2019
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 15/03/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Adv. Prathmesh M. for Plaintiff present.
None for Defendant.
Matter is adjd. to 16/04/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Adv for plaintiff Mr.Prathamesh present
Matter is Adjd for Affidavit of Service to 31/08/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-08-2019
Date: 31-08-2019
Business: Adv. Vijay B. Chavan for plaintiff is present.
Adjd. to 28.11.2019 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: None present.
Adjd to 20.01.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: None present.
Adjd to 17.04.2020 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: P.O. is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. Sanket Padwekar for plaintiff present and filed affidavit of service with closed envelopes and original writ of summons t.o.r. and marked as Exh.2 colly
Matter is adjd.to 22-11-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Sanket Padvekar for plaintiff present.
None for defendant
Matter is adjd.to 20-12-2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Both parties are absent when matter called out.
Matter is adjd.to 21-01-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: None for plaintiff.
Matter is adjd.to 01-03-2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Sanket Padvekar for plaintiff present and tendered draft C/S with supporting affidavit t.o.r. and Leave is granted to register the C/S.
Matter is adjd.to 16-03-2022 for filing registered C/S.
Next Purpose: FOR___________________
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Aditya Katakdond for plaintiff present and filed original registered C/S No.373/2022 with supporting affidavit t.o.r.
Heard Ld. Aditya Katakdond for plaintiff in C/S No. 373/22.
Considering affidavit of service Exh. 2, the defendants have left the address. Hence, C/S No. 373/22 is made absolute in terms of prayer clause (a) for substituted service by way of paper publication in the news papers in regional language i.e. Kannada and English published at Bangalore.
Matter is adjd.to 05-05-2022 for paper publication.
Next Purpose: FOR___________________
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: None for plaintiff.
Matter is adjd.to 02-07-2022 for paper publication.
Next Purpose: FOR___________________
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: PO on leave. Board discharged and adjd.
Next Purpose: FOR SERVICE OF W/S
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: NOB TOB
Matter is referred to Lok Adalat.
Issue notice to both parties to remain present at Lok Adalat to be held on 13.08.2022
Adjd for Lok Adalat to 13.08.2022
Next Purpose: FOR SERVICE OF W/S
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: None present.
Adjd to 22/08/2022.
Next Purpose: FOR SERVICE OF W/S
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Sanket Padvekar for plaintiff present.
Exh- 3 Application filed by adv. for plaintiff for extension of time for substituted service. O- Granted time.
Adjd for service to 06/10/2022
Next Purpose: SERVICE
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv. Sanket Padvekar for plaintiff present and sought time for service affidavit.
Adjd for service to 03/11/2022
Next Purpose: SERVICE
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: None present when called.
Adjd for service to 12/12/2022
Next Purpose: SERVICE
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: None present when called.
Adjd for affidavit of service to 27/01/2023
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: none present.
Plaintiff is directed to file affidavit of service.
Case is adjourned for affidavit of service to 24-02-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: None present.
Plaintiff is directed to file affidavit of service.
Case is adjourned for affidavit of service to 30-03-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: None present.
Matter is referred for lok adalat.
Case is adjourned to 30.04.2023 for lok adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023
Date: 30-04-2023
Business: None present.
Adj. to 03/07/2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: M/s. SGS India Pvt Ltd Vs Colorlines Clothing Pvt Ltd
All called, but absent
plaintiff to take steps regarding service. Else, put for necessary order.
Matter adjourned to18.09.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: M/s. SGS India Pvt Ltd Vs Colorlines Clothing Pvt Ltd
Court hall shifted from 3rd Floor to 1st Floor on 16.09.2023.
All called but absent.
Matter adjourned to 05.10.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 05-10-2023
Date: 05-10-2023
Business: M/s. SGS India Pvt Ltd Vs Colorlines Clothing Pvt Ltd
Adv.Vijay Chavan present for plaintiff.
Exh.4 - Application filed by plaintiff for extension of time for Paper Publication.
O- Allowed.
Matter adjourned to 15.01.2024 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Plaintiff called, but absent.
Plaintiff to take steps regarding service.
Time extended.
Case adjourned to 16.02.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: SGS India V/s Colorline clothing
Plaintiff side called, but absent.
Plaintiff to take steps regarding service. Else, put for dismissal order.
Suit adjourned to 27.02.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 27-02-2024
Date: 27-02-2024
Business: SGS India V/s Instyle Exports
All called, but absent.
Later on at 12.12 Hrs.
Adv. Vijay Chavan present for plaintiff.
Exh.5 - Affidavit of Service filed by plaintiff stating that, defendant is served by way of Paper Publications in Mana Telangana and Business Standard Bangalore Dt.07.02.2024.
Defendant side called, but absent.
Case adjourned to 15.03.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: SGS India v/s Colorlines clothing
All called, but absent.
Perused roznama Dt. 27.02.2024.
Till date, all three defendants have not filed appearance.
Today, Defendants side called, but absent.
Hence, Suit to proceed Ex-parte.
Plaintiff to take steps regarding Ex-parte evidence.
Suit adjourned to 10.04.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-04-2024
Date: 10-04-2024
Business: M/s. SGS India Pvt Ltd Vs Colorlines Clothing Pvt Ltd
Plaintiff side called but absent.
Plaintiff to lead evidence on next date.
Suit adjourned to 15.06.2024 for evidence of plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: SGS India V/s Colorlines clothing
Plaintiff side called, but absent.
As per order dt. 15.03.2024, Suit is ex-parte.
Suit is filed in the year 2018.
Plaintiff to expedite. Else, put for dismissal.
Suit adjourned to 06.07.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 06-07-2024
Date: 06-07-2024
Business: M/s. SGS India Pvt Ltd Vs Colorlines Clothing Pvt Ltd
Adv. Vijay Chavan present for plaintiff.
Exh.06- Application filed by plaintiff for removing the suit from dismissal caption.
Suit is ex-parte.
Order- Application at Exh.06 is allowed.
Exh.07- Evidence affidavit of plaintiff witness.
Exh.08- List of documents.
Exh.09- Draft Notice of motion filed by plaintiff seeking permission to lead secondary evidence.
Exh.10 - Affidavit in support of Notice of motion.
Order - Leave is granted to register Notice of motion.
Suit adjourned to 01.08.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-08-2024
Date: 01-08-2024
Business: M/s. SGS India Pvt Ltd Vs Colorlines Clothing Pvt Ltd
Plaintiff side called, but absent.
Suit is of 2018.
Plaintiff to take steps regarding pending Notice of Motion
Suit adjourned to 05.11.2024.
Later on at 13.12 hrs.
Adv. Vijay Chavan present for plaintiff.
Plaintiff tendered registered Notice of Motion No.3217 / 2024.
Suit adjourned to 05.11.2024 for notice of motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-11-2024
Date: 05-11-2024
Business: Matter pertains to Court Room No.31.
Adv. Vijay Chavan present for plaintiff.
Suit adjourned to 17.12.2024 for NM hearing.
I/c Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2024
Date: 17-12-2024
Business: M/s. SGS India Pvt Ltd Vs Colorlines Clothing Pvt Ltd
Plaintiff side called, but absent.
Defendant side called, but absent.
Parties to take appropriate steps.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 18.04.2025 for NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2025
Date: 18-04-2025
Business: Suit was adjourned to 18.04.2025.
18.04.2025 being holiday, Suit is taken on board on immediate next working day i.e. on 19.04.2025.
None present for plaintiff.
None present for defendant.
Matter stands Adj for NM hearing on 08-05-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-05-2025
Date: 08-05-2025
Business: None present for plaintiff.
None present for defendant.
As the Court is busy in dictating order and other administrative work, hence, board is discharged and matter stands Adj to 23-07-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2025
Date: 23-07-2025
Business: Adv. Vijay Chavan for plaintiff present.
As per order dated 15.03.2024 suit is ex-parte. Heard advocate for plaintiff on Notice of Motion No.3217/2024.
Order on NM No.3217/2024
Plaintiff moved this Notice of Motion with a prayer to grant permission to lead secondary evidence in respect of copy of notice dated 30.05.2017. Notice of Motion is supported by an affidavit. It appears office copy of notice dated 30.05.2017 which was issued by advocate Mr. Vijay B. Chavan is misplaced from the office of Ld Advocate. Said contingency is covered under section 65 of Indian Evidence Act. Grounds are satisfactory. Hence, Notice of Motion No.3217/2024 is allowed. Plaintiff is permitted to lead secondary evidence in respect of notice dated 30.05.2017. Notice of Motion No.3217/2024 is disposed off. It shall form part of Commercial Suit 728/2021.
Matter stands Adj to 15-09-2025 for oath, further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2025
Date: 15-09-2025
Business: Adv. Atharva Kadam for plaintiff present.
On the oral request of the adv for the plaintiff time is granted for further examination in chief and marking of documents.
Matter stands Adj to 17-11-2025 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-11-2025
Date: 17-11-2025
Business: None present for plaintiff.
Court busy in Time Bound matter Commercial Suit No. 1202/2021 and 1203/2021 Hence, stands adjourned for argument.
Matter stands Adj to 07-01-2026 for recording evidence.
Later on at 01.30 pm
Adv. Vijay Chavan fro plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2026
Date: 07-01-2026
Business: Adv. Vijay Chavan for plaintiff present.
A. R. of Plaintiff Mr. Chohocklingam M. Chettiar is present.
Exh.11 Certificate u/s 65-B of Indian Evidence Act.
Kept back for further examination in chief and marking of documents. Later on at 01.10 pm
Same appearance for plaintiff and plaintiff’s advocate.
When the matter is taken up for further examination in chief. Advocate for plaintiff submit that there are in all 220 invoices on which plaintiff want to rely. However, 12 invoices are not filed on record and time may be granted to trace these invoices and to file it on record.
Submission is accepted and time is granted till next date.
Matter stands Adj to 25-02-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-02-2026
Date: 25-02-2026
Business: Adv. Vijay Chavan for plaintiff present.
A. R. of plaintiff Mr. Chockalingam Chettiar is present.
Exh.12 Pursis filed by plaintiff informing the Court that 12 invoices as mentioned in the pursis are not traceable. So to that extent plaintiff is abandoning its claim in tune of Rs.1,10,071/-. Plaintiff can very well abandon part of claim. Hence, pursis is verified, read and recorded. Plaintiff is permitted the abandon part of claim as mentioned in the pursis.
Matter stands Adj to 22-04-2026 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2026
Date: 22-04-2026
Business: Advocate Vijay Chavan for plaintiff is present.
None for defendant.
A. R. of plaintiff Mr. Chockalingam M. Chettiar is present.
Kept back.
L.O. at 3.00 p.m.
Same appearance for plaintiff.
I have gone through R and P. On 06.07.2024, the then Presiding Officer has marked Exh.7 to evidence affidavit and Exh.8 to list of documents. Exh.9 and Exh.10 were given to draft Notice of Motion and affidavit in support. However, it appears while writing exhibit numbers on above documents, incorrect numbers are mentioned. So, those are corrected as per roznama Dt. 06.07.2024.
Oath is administered to the witness. Further examination in chief is recorded and following documents are marked.
Art. A colly List of invoices (page nos. 1 to 5 of Exh.8).
Exh.13 colly Copies of invoices (page nos. 6 to 421 of Exh.8). (These invoices are exhibited on the strength of certificate filed u/sec. 65-B of the Indian Evidence Act, which is at Exh.11).
Exh.14 Copy of Notice Dt. 30.05.2017 (Exhibited on the strength of order on Notice of Motion No. 3217/2024 Dt. 23.07.2025).
Exh.15
Certified copy of resolution Dt. 27.11.2017.
As suit is ex-parte, no cross-examination order is passed.
Matter stands Adj to 17.06.2026 for further evidence of plaintiff, if any.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2026
Date: 17-06-2026
Business: Suit is ex-parte.
Adv. Vijay Chavan for plaintiff present and filed evidence closed pursis. TOR and marked as Exh.16 and advanced final argument.
Kept back for Judgment.
Exh.17 Judgment.
FRSR following order is passed
ORDER
1.
The Commercial Suit No.728 of 2021 is decreed with costs.
2.
The defendant company is directed to pay to plaintiff company an amount of Rs.17,26,083/- (Rs. Seventeen Lakhs Twenty Six Thousand and Eighty Three only) with 18 percent p.a on principal amount Rs.15,00,942 /- from the date of the filing of the suit till realization.
3.
The decree be drawn up accordingly.
4.
The Court fee be refunded as per rules.
5.
The R and P be sent to Record Department.
Nature Of Disposal: JUDGMENT
Disposal Date: 17-06-2026