Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 15.10.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 07-11-2020
Date: 07-11-2020
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 27/11/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-11-2020
Date: 27-11-2020
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 14/12/2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv.Harshika Makwana for plaintiff present.
None for Defendant.
Suit is registered on 15.02.2020 (Before lockdown) Since 15.02.2020 to till today plaintiff fail to take any steps secure presence of defendant.
Today advocate for plaintiff present fail to take steps.
Adjd to 13.01.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Harshika Makwana for plaintiff present.
None for defendant.
Adv. for plaintiff filed application for issuance of fresh writ of summons, Exh.2 t.o.r.
Matter adjd to 08.02.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Smt.Harshita Makwana for plaintiff present.
None present for defendant.
The plaintiff had filed the affidavit of service, Exh.3.
The summons issued defendant No.1 were refused by them. Suit to proceed ex-parte against him.
Matter adjd to 18.02.2021 for statement of truth
Next Purpose: FOR___________________
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv.Arunkumar for plaintiff present.
None present for defendant.
Statement of truth filed with plaint at page No.32 is exhibited today as Exh.4. O-filed.
Matter adjd to 01.03.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv.Harshika Makwane for plaintiff present.
None present for defendant.
Ld. Adv. seeks time to file evidence. Time granted.
Matter adjd to 17.03.2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 07.04.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv.Arun Kumar for plaintiff present.
None present for defendant.
On oral request of Adv. for plaintiff.
Matter adjd to 23.04.2021 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 24.06.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 1.7.2021 for R/E.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 07.07.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 19.07.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 30.07.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: PO is on Leave.
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 26.08.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.55 pm
None present.
Matter adjd to 15.09.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv.Arunkumar Gunasekaran for plaintiff present.
None present for defendant.
On oral request of advocate of plaintiff matter is adjourned. Granted as last chance.
Matter adjd to 28.09.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.01 pm
None present.
Matter adjd to 20.10.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.39 pm
None present.
Matter adjd to 16.11.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.27 pm,
None present.
ORDER BELOW EXH.1
Suit is for ex-parte evidence. Roznama dated 08.02.2021 noted the service of suit summons in respect of defendant No.1, based on service affidavit Exh.3. However, nothing is mentioned in respect of defendant No.2 to 4. Hence, I proceed to consider whether suit summons is duly served on defendant No.2 to 4.
On perusal of service affidavit Exh.3 it is noticed that defendant No.2 to 4 have also refused to accept the suit summons. Hence, suit to proceed ex-parte against defendant No.2 to 4.
Matter adjd to 04.12.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: None present for plaintiff.
None present for defendant.
KB.
In view of SOP dated 6.1.2022, matter adjd to 11.02.2022 for evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 11.03.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv.Arunkumar Gunasekaran for plaintiff present.
None present for defendant.
On oral request of plaintiff last chance is granted for filing evidence.
Matter adjd to 30.03.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Adv.Arunkumar Gunasekaran for plaintiff present.
None present for defendant.
On oral request kb for filing evidence.
LO at 01.55 pm,
Adv.Arunkumar Gunasekaran for plaintiff present. He requested time for filing affidavit of evidence. Time granted.
Matter adjd to 13.04.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.30 pm,
Adv.Harshika Makwana for plaintiff present.
The plaintiff filed affidavit of evidence of Mrs.Radhika George (PW-1) a/w. compilation of documents t.o.r. Both are marked as Exh.4 and Exh.5 respectively. Affidavit of evidence is read and recorded.
The plaintiff filed affidavit of evidence of Mr.Jimmy George (PW-2) a/w. compilation of documents t.o.r. Both are marked as Exh.6 and Exh.7 respectively. Affidavit of evidence is read and recorded.
Matter adjd to 02.05.2022 for marking of documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Adv.Harshika Makwana for plaintiff present.
None present for defendant.
KB
LO at 11.50 am,
Adv.Harshika Makwana for plaintiff present.
ORDER REGARDING EXHIBITION OF DOCUMENTS OF PW-1
1. The document at Sr.No.1 is copy of Machinery Sale Confirmation. It is unsigned document, hence, marked as Article-X.
2. The document at Sr.No.2 is duplicate copy of invoice of machine \''Apollo Model Wet Mix Paver Finisher Unit\'' dated 09.09.1997. It is not original, hence, marked as Article-X1.
3. The document at Sr.No.3 is original dishonoured cheque a/w. original bank return memo dated 11.08.2016 issued with respect to cheque No.000101. It is marked as Exh.8 (colly.).
4. The document at Sr.No.4 is photocopy of extract of bank pass. It is photocopy, hence, marked as Article-X2.
5. The document at Sr.No.5 is duplicate copy of letter dated 08.03.2018 demanding payment. It is photocopy, hence, marked as Article-X3.
6. The document at Sr.No.6 is copy of legal demand notice dated 22.10.2018 alongwith acknowledgement. Read the contents of para No.2 of affidavit of evidence. It is marked as Exh.9 (colly.).
ORDER REGARDING EXHIBITION OF DOCUMENTS OF PW-2
1. The document at Sr.No.1 is copy of Machinery Sale Confirmation. It is unsigned document, hence, marked as Article-X4.
2. The document at Sr.No.2 is duplicate copy of invoice of machine \''Apollo Model Wet Mix Paver Finisher Unit\'' dated 09.09.1997. It is not original, hence, marked as Article-X5.
3. The document at Sr.No.3 is original dishonoured cheque a/w.original bank return memo dated 11.08.2016 issued with respect to cheque No.000101. It is marked as Exh.10 (colly.).
4. The document at Sr.No.4 is photocopy of extract of bank pass. It is photocopy, hence, marked as Article-X6.
5. The document at Sr.No.5 is duplicate copy of letter dated 08.03.2018 demanding payment. It is photocopy, hence, marked as Article-X7.
6. The document at Sr.No.6 is copy of legal demand notice dated 22.10.2018 alongwith acknowledgement. Read the contents of para No.2 of affidavit of evidence. It is marked as Exh.11 (colly.).
Evidence close pursis filed by Adv. for plaintiff t.o.r. and marked as Exh.12.
Matter adjd to 07.06.2022 for argument and judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: None present for plff.
K.B. L.O. at 1.00 p.m.
None present for plff.
Matter adjd to 28.06.2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: None present.
KB. LO 12.05.
None present.
Adj. To 06/07/2022 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. Harshika Arunkumar Present for Plff.
None Present for Deft.
Heard argument of adv of plff.
Adj. For Judgment on 11/07/2022.
Next Purpose: JUDGMENT
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: None present.
KB for judgment.
Judgment delivered.
F.R.S.R. following order in Commercial Suit No.410 of 2020 is passed-
ORDER
1. Suit is decreed with costs.
2. The defendants are jointly and severally directed to pay to plaintiff the amount of Rs.2,80,000/- with interest @ 18 percent p.a. from the date of suit till realization of the said amount.
3. Defendants are jointly and severally directed to pay the plaintiffs pre suit accrued interest of Rs.1,17,370/-.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 11-07-2022