Date: 16-03-2020
Business: Advocate for plaintiff is present and filed draft NM. Leave is granted to register.
None present for defendant.
Issue writ of summons.
Adjourned for writ of summons to 13.04.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Business: National Lockdown
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Lockdwon due to Covid19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Adjd for writ of summons on 02/12/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Advocate Ganesh Joshi for plaintiff is present and requested for extension for registration of NM. Request is allowed.
None present for defendant.
Adjourned for service of writ of summons to 13.01.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Mahesh Joshi for plaintiff tendered registered NM NO. 1978/20, prayed for time to serve copy to defendant and fresh service of summons - extension granted.
None for defendant
Matter is adjd.to 12-03-2021 for service.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Mahesh Joshi for plaintiff prayed for adjournment to file service affidavit.
None for defendant.
Matter is adjd.to 19/03/2021 for service affidavit.
Next Purpose: SERVICE
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Mahesh Joshi for plaintiff present.
None for defendant.
Exh.2 Writ of Summons submitted by plaintiff.
Exh.3 Service Affidavit in view of postal track report, item is delivered to Defendant 1 and 2. both are failed to appear hence, suit is proceeded ex-parte against Defendant nos.1 and 2
Matter is adjd.to 07.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: None for both side.
Matter is adjd.to 05.05.2021 for hearing (ex-parte) and
n/m hearing.
Next Purpose: HEARING
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 15.06.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As per Office order No. 106/21 dtd. 14-06-2021, all the court shall remain closed all Saturday i.e. 03-07-2021.
Next Purpose: HEARING
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Both the parties absent when called out.
Matter is adjd.to 03-08-2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv. Mahesh Joshi for plaintiff present.
None for defendant.
Adjd to 27-08-2021 for (ex-parte) evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv. Mr. Mahesh Joshi for plaintiff present. He submitted that there are chances of settlement in the matter and requested to keep the matter on 24/09/2021.
None for defendant.
Matter is adjd.to 24.09.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Mahesh Joshi for plaintiff present and submitted that settlement talks between the parties out of the Court are failed.
He sought time for adducing ex parte evidence – granted.
He not pressed notice of Motion No. 1978/20. As NM No. 1978/20 is not pressed, it is disposed off.
Matter is adjd.to 23-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Advocate Mahesh Joshi for plaintiff present and
prayed for adjourment. - Granted.
Matter is adjd.to 20-12-2021 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: None for plaintiff.
Matter is adjd. to18-01-2022 for Ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Adv. Mahesh Joshi for plaintiff present and filed evidence affidavit t.o.r. and marked as Exh. 4
He also filed list of documents t.o.r. and marked as Exh.5
Matter is adjd.to 03-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: None for plaintiff.
Matter is adjd.to 24-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv. Mahesh Joshi for plaintiff along with witness Naman Modi present and filed evidence affidavit of witness Naman Modi t.o.r. and marked as Exh.4
He also filed list of documents t.o.r. and marked as Exh. 5
Oath is administered to witness Naman Modi. He stated on Oath that evidence affidavit Exh.4 bears his signature and contents therein are correct. He also proved documents filed with list Exh.5 and they are Exhibited as under -
Exh. 6 - Authority letter dtd. 06-01-2020.
Exh. 7 - Credit notes and tax invoice raised by plaintiff to defendants and delivery challans etc.
Exh. 8 - Ledger account of defendants.
Exh. 9 - Demand notice issued by plaintiff to defendant.
Exh. 10 - Legal notice issued by plaintiff to defendants with payment receipt and POD/Track record.
Exh.11 - Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 07-03-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv. Mahesh Joshi for plaintiff present.
Heard Adv. Mahesh Joshi for plaintiff
Matter is adjd.to 14-03-2022 for ex parte judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Mahesh Joshi for plaintiff present.
Exh.12 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 380/2020 is partly decreed.
2. The defendants are directed to pay amount of Rs.16,23,602/-(Rupees Sixteen Lakhs Twenty-three Thousand Six Hundred Two Only )to the plaintiff with further interest @ 12 percent p.a. from the date of the suit till the date of realization within three months from the date of decree.
3. The defendants shall be jointly and severally liable to pay decretal amount to the plaintiff.
4. The defendants shall bear the costs of the suit.
5. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 14-03-2022