Date: 14-03-2019
Business: Adv. Kothari for Plaintiff present.
Plff filed registere NM no.898/19 t.o.r.
Adj for NM service to 08.04.2019.
Next Purpose: SERVICE
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: Adv. Kritika Kothari for Plaintiff present.
Adv for Plaintiff sought time to file affidavit of service.
Time is granted.
Adj for service to 22.04.2019.
Next Purpose: SERVICE
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Adv. Rahul Raut for Plaintiff present.
Deft and Adv absent.
Affidavit of service filed by Plaintiff.
Summons not served on defendants.
Issue fresh writ of summons against defendants for settlement of issues and filing written statement and also issue notice of motion against defendants by sending the same to the concerned Court for service of the same through Bailiff of said Court as defendants reside outside the territorial jurisdiction of this Court.
Order below Notice of motion no.898/19.
Issue show cause notice to defendant as to why he should not furnish security as per O-37 Rule-5 of C.P.C.
It be served through official of concerned Court.
Humdast is allowed.
Plaintiff is directed to specify the properties of defendants.
Adj for service to 25.06.2019.
Next Purpose: SERVICE
Next Hearing Date: 25-06-2019
Date: 25-06-2019
Business: Adv. Kritika Kothari for Plaintiff present.
Deft and Adv absent.
K.B.
L.O.
Adv for Plaintiff sought time to clarify as to the Court in whose jurisdiction defendant resides or do business.
Hence, short adjournment is granted.
Adj for service to 09.07.2019.
Next Purpose: SERVICE
Next Hearing Date: 09-07-2019
Date: 09-07-2019
Business: Adv. Kritika Kothari for Plaintiff present.
Deft and Adv absent.
Pursis filed by Adv for Plaintiff disclosing the address of the Court within whose jurisdiction defendants reside.
Order dtd.22.04.19 be complied by sending notice and writ of summons against the defendants to the Court of Civil Judge, Sr.Division of Amritsar and Civil Judge, Sr.Division of Ludhiana for the purposes of service to their respective official on payment of process fees.
Hamdast is allowed.
Adj for service to 08.08.2019.
Next Purpose: SERVICE
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Adv. Kritika Kothari for Plaintiff present.
Deft and Adv absent.
Adj for service to 03.09.2019.
Next Purpose: SERVICE
Next Hearing Date: 03-09-2019
Date: 03-09-2019
Business: Adv. Amar Prajapati For Plaintiff present.
Matter adjd to 24/09/2019 for Service Report.
Next Purpose: SERVICE
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Adv. Kritika Kothari for plaintiff present
None for defendants.
Adv. For plaintiff sought time to file affidavit of service. Time is granted. Adjd. for compliace.
Matter is adjd to 5.10.2019 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Adv. Patil for Plaintiff present.
None for defendant.
Adv. Kritika Kothari for plaintiff present.
Affidavit of service filed by adv. for plaintiff t.o.r.
As court is busy in passing judgment.
Adjd. to 4.11.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: None present for plaintiff.
None present for defendant.
As per affidavit of service writ of summons is only duly served upon defendant no 2, but he fail to appeared. Therefore, suit is to proceed Ex-parte against defendant no 2.
Summons is not duly served upon defendant no 1. Therefore, plaintiff is directed to take steps for service of Writ of summons upon defendant no 1.
Adjourned for service to 3.12.2019
Next Purpose: SERVICE
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv Rahul Raut for plaintiff present.
Adv. for plaintiff made statement that plaintiff not pressed relief in NM no 898/19 against defendant no 1.
Therefore, NM 898/19 is posted for hearing.
Adjourned for NM hearing to 13.12.2019
Next Purpose: HEARING
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Arman Grawal for plaintiff present.
He sought adjournment Granted.
Adjourned for Nm hearing to 9.01.2020
Next Purpose: HEARING
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv. Rahul Raut for plaintiff present.
He made endorsement on NM No 898/19 that plaintiffs do not used to press the relief sought in the said notice of motion.
Therefore, Notice of motion 898 of 2019 is dismissed for want of prosecution.
KB
LO
Adv. for plaintiff sought time to take appropriate steps.
Adjourned for steps to 16.01.2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Rahul Raut for plaintiff present.
Exh.2 He filed pursis to withdraw suit against defendant No. 1.
Adv. for plaintiff submitted that plaintiff wants to withdraw claim against defendant No 1.
Therefore, suit stands withdrawn against defendant No.1 . Necessary note be taken on plaint about this order.
Now matter is posted for Ex-parte evidence to 24.01.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv. Kritika Kothari for plaintiff present.
She sought adjournment.
O- Granted in the interest of justice.
Adjourned for Exparte evidence to 28.01.2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Rahul Raut for plaintiff present.
None present for defendant.
KB
LO
Plaintiff present.
Adv. Rahul Raut for plaintiff present.
Advocate for plaintiff filed affidavit of evidence of Gajendra Agrawal and compilation of documents - T.O.R.
Affidavit of evidence of Gajendra Agrawal (PW-1)
Compilation of document.
Advocate for plaintiff prayed for time to file affidavit of witness - Time is granted.
Adjourned for further evidence to 05.02.2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: PW-1 Gajendra present.
Adv Garewal for plff present.
Six cheques along-with cheque return memo\''s are marked as Exh. 05 (colly).
Three sealed envelops annexed with postal acknowledgement are marked as Exh. 06 (colly).
Office copy of notice dated 20/12/2018 is marked as Exh. 07.
PW-1 is discharged.
Exh 08 - Adv for plff filed list of witnesses.
He seeks time to file examination-in-chief of other witnesses. Granted.
Matter stands Adj for recording evidence PH to 13/02/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv Rahul Raut for plff present.
PW-2 Ramesh Kumar Trivedi present.
Exh 09 - Adv for plff filed affidavit of examination-in-chief of PW-2. t.o.r.
Exh 10 (colly) - Document at sr. no. 1 to 5 (05 tax invoices).
Exh 11 - Document at sr. no. 12 (computerized ledger account of deft maintain by plff in the regular course of business).
Exh 12 - Adv for plff filed evidence closing pursis. t.o.r.
Matter stands Adj for arguments to 03/03/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv Rahul Raut for plff present.
Heard Adv for plff.
Matter stands Adj for Judgment to 14/03/2020.
Next Purpose: JUDGMENT
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Adv.Arman Grewal for plaintiff present.
Adv.for defendant absent.
Heard, Ld. counsel for plaintiff.
FRSR - Following order is passed -
ORDER
1) Suit is decreed with costs.
2) Defendants do pay jointly and severally principal amount of Rs.5,37,281/- with interest @ 18% p.a. to the plaintiff till realization of entire amount within three months.
3) Necessary court fee stamps be refunded to the plaintiff if rule permits.
4) Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 14-03-2020
