Date: 17-03-2020
Business: Advocate for plaintiff is present.
None present for defendant.
Issue writ of summons.
Adjourned for writ of summons to 07.04.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for writ of summons to 06.11.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv. Pushpa Thapa for plaintiff , prayed for time to file acknowledgement of summons.
None for defendant.
Matter is adjd.to 25-02-2021 for writ of summons
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Ms. Pushpa Thapa for plaintiff present.
None for defendant.
Exh.2- Service affidavit submitted by plff. Amongst three addresses, on perusal of letter of department of post, it is duly served on deft on at Chotila, Gujarat, Postal envelope of At Bahaduargarh, Hariyana is refused by the deft., Accordingly, it is duly served on deft. Suit to proceed Ex-parte.
Matter is adjd.to 17.03.2021 for hearing (ex-parte).
Next Purpose: HEARING
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv.Ms.Pushpa Thapa a/w Adv. Kavita Shah for plaintiff present.
None for defendant.
Exh.3- writ of summons filed by plff.
Exh.4- Statement of truth.
Exh.5- Affidavit of evidence- PW-1 Mihir Hasmukh Amin.
Exh.6- List of documents.
In view of testimony of P.W.1, documents are marked as follows.
Exh.7- Certified copy of the resolution dtd. 01.03.2021.
Exh.8- Original Commercial invoice dtd. 12.01.2017 bearing no. SUR/SNF/4975, raised by the Foscote Enterprises Inc. on the plff.
Exh.9- Non-negotiable bill of lading no. MSCURJ957514 issued by the the shipping line MSC.
Exh.10- Xerox of the bill of entry dtd. 03.03.2017 issued by the inspector, Indian Customs, Mundra Port.
Exh.11- Office copies of three letter dtd.20.02.2017 sent by the plff. to the deft.
Exh.12- Original Invoice sent by the plff to the deft. by courier.
Exh.13- Original shipment receipt dtd. 23.02.2017 of Blue Dart Courier services in respect of sr. nos. 6 and 7.
Exh.14- Office copy of the letter dtd. 02.04.2018 sent by the plff to the deft. and original registered A.D slip.
Exh.15- Office copy of the letter dtd. 12.05.2018 sent by the plff to the deft. and original speed post A.D.
Exh.16- Office copy of the letter dtd. 15.05.2018 sent by the plff to the deft. and original speed post acknowledgment.
Exh.17- Office copy of the notice dtd. 12.09.2018 sent by adv. for plff to the deft along-with the two registered acknowledgment.
Exh.18- Evidence close pursis filed by plff.
Matter is adjd.to 26.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv. Ms. Kavita Shah for plaintiff present.
None for defendant.
Matter is adjd.to 09.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Adv. Ms. Kavita Shah for plaintiff.
None for defendant.
Heard arguments of adv. for plff.
Exh.19- Judgment.
Judgment dictated and pronounced in open court.
F.R.S.R the following order is passed.
ORDER
1. Suit is partly decreed with cost.
2. Defendant shall pay the amount of Rs.11,34,490/- (Rupees Eleven Lakhs Thirty-four Thousand Four Hundred Ninety Only) with interest on principal amount i.e. Rs.9,21,600/- (Rupees Nine Lakhs Twenty-one Thousand Six Hundred Only) at the rate of 12 percent p.a. from the date of suit till realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 09-04-2021