Date: 19-10-2018
Business: Adv. Mr. Suryavanshi for Plaintiff
None for Defendant
Matter is adjd. to 17/01/2019 for report.
Next Purpose: REPORT
Next Hearing Date: 17-01-2019
Date: 17-01-2019
Business: Adv. Suryavanshi for Plaintiff present.
None for Defendant
Advocate for plaintiff has filed service affidavit, Tor.
It appears that writ of summons is served upon the defendant, inspite of that defendant remains absent hence suit is proceeded further exparte against the defendant.
Matter is adjd. to 26/03/2019 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-03-2019
Date: 26-03-2019
Business: Adv for plaintiff Mr.Survanshi present
He requested for adjournment
O-Granted
Matter is Adjd for Exparte Evidence to 17/06/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: None present
Matter is Adjd for Exparte Evidence to 07/08/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: P.O is on training.
Adjd to 17/10/19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Adv. Suryavanshi for plaintiff present.
KB
LO At 2.00 p.m.
Adv. Suryavanshi for plaintiff present.
Exh. 1- Plaint
Exh. 2- V/p
Exh. 3- Memorandum of address.
Exh. 4- List of document
Exh. 5- Affidavit of service @ original writ of summons.
Defts are served through RPAD. The postal acknowledgements are annexed alongwith service affidavit. Deft absent. Suit to proceed exparte.
Exh. 6- Certificate of non appearance
Exh. 7- Claim affidavit
Exh. 8- List of original document
Exh. 9- Written argument
Adjd. for judgment to 11.11.2019.
Next Purpose: JUDGMENT
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: None for both the parties.
For Re-hearing adjd to 04.12.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Court is on half-day leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv.Suryavanshi for plaintiff.
None for defendant.
The affidavit of service Exh.5 alongwith the acknowledgments attached therewith show that the summons has been served on defendants No.2 to 4 as the acknowledgments card bear signatures of the addressee. However, acknowledgment card in respect of defendant No.1 does not bear signature of anyone. In these circumstances it cannot be said that summons has been served on defendant No.1. As defendants No.2 to 4 failed to appear despite service of summons, the suit to proceed Ex-parte against defendants No.2 to 4. However, the plaintiff to take steps in respect of defendant No.1.
Adjd for steps to 18.03.2020.
LO at 1.30pm
Adv. Suryavanshi for plaintiff filed Application for issue fresh summons. O- Allowed. Issue fresh summons to the defendant.
Adjd for steps to 18.03.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: As per office order no. 66/2020 Board is Discharge
Matter Adjd to 21-09-2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Adv. Suryavanshi for plaintiff
None for defendant
Exh.10- Adv. for plaintiff file application to issue fresh writ of summons on the new available address. O- Allowed.
Adjd for service to 02-03-2021
Next Purpose: SERVICE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: None present
Adjd to 30-07-2021
Next Purpose: SERVICE
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: Both the parties absent when called out.
Next Purpose: SERVICE
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Both parties and their advocates are absent when called out.
The plaintiff is directed to file affidavit of service on or before the next date failing which necessary order will be passed.
Matter is adjd.to 28-09-2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Both parties are absent when matter was called out.
The plaintiff is directed to take steps.
Matter is adjd.to 11-11-2021 for take steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv. Deepak Karde for plaintiff present and filed affidavit of service with original writ of summons and acknowledgment t.o.r. and marked as Exh.10
Considering service affidavit Exh. 5, my Ld. Predecessor had already passed ex parte order on 17-10-2021. Now, the plaintiff effected service of writ of summons upon defendant no. 1 company represented by defendants no. 2 to 4. Hence, Exh. 10 is taken in to consideration alongwith Exh. 5. The plaintiff has already filed claim affidavit Exh. 7 and filed document with list Exh. 8.
Hence, the plaintiff is directed to kept witness present for verification of his affidavit & for proving documents.
Matter is adjd.to 03-12-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Deepak Karde for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 05-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Mukesh Pabari for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 01-02-2022 for ex parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Adv. Deepak Karde a/w Adv. Mukesh Pabari for plaintiff along with witness Ganesh Choudhary present.
They filed application for production of additional documents t.o.r. and marked as Exh.11 – allowed.
He also filed list of documents t.o.r. and marked as Exh.12
Oath is administered to witness Ganesh Choudhary . He stated on Oath that evidence affidavit Exh.7 bears his signature and contents therein are correct. He also proved documents filed with lists Exh.8 &12 and they are Exhibited as under -
Exh. 13 colly – The copy of 07 Nos. of Invoice/s of varied dates along with their respective FEDEX Shipments, E Sugam Forms Issued, Government of Karnataka and Purchase Order /s.
Exh. 14- The copy of the Bank Statement of the plaintiff proving the on account payment received towards the partial discharge of their liability.
Exh. 15- The copy of the ledger statement maintained by the plaintiff.
Exh. 16 – The copy of the demand notice dtd. 23-01-2018.
Exh. 17 colly – The copy of the Postal Receipts dtd. 25-01-2018 alongwith the postal online track report to prove the service of the demand notice upon the defendant Nos. 2 to 4 are done on 29-01-2018, whereas, the defendant No. 1 had refused to accept.
Exh. 18 – The Original Bank statement of the plaintiff proving on account payment received towards the partial discharg of their liability.
Exh. 19 – The original ledger statement maintained by the plaintiff.
Exh. 20- The original Certificate issued under section 65 B of the Indian Evidence Act duly signed and sealed by the plaintiff.
Exh. 21 - Evidence close pursis filed by the plaintiff – seen.
Heard Ld. Adv. for plaintiff.
Matter is adjd.to 03-02-2022 for ex parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: Adv. Rakesh Piprodia for plaintiff present.
Exh. 22- Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 721/21 is partly decreed.
2. All defendants are directed to pay amount of Rs. 4,71,726/- (Rupees Four Lakhs Seventy-one Thousand Seven Hundred Twenty-six Only) alongwith further interest @12% p.a. on principal amount of Rs. 4,13,016/- to the plaintiff from the date of realization within three months from the date of decree.
3. Defendants no. 1 to 4 shall be jointly and severally liable to pay decretal amount to the plaintiff.
4. All defendants shall bear the costs of the suit.
5. The court fee shall be refunded to the plaintiff as per rules.
6. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 03-02-2022