Date: 23-08-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 27-09-2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv. Rutash Jadhav for plaintiff present.
Matter is adjd.to 09-11-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv. Rutash Jadhav for plaintiff present and prayed for adjournment for taking steps - granted.
Matter is adjd.to 06-12-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. Rutash Jadhav for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 14-01-2022 for taking stesps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None for plaintiff.
Matter is adjd.to 16-02-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: None for plaintiff.
The plaintiff is directed to take steps for service of writ of summons upon the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd. To 08-03-2022 for Dismissal
Next Purpose: DISMISSAL
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv. Rutash Jadhav for plaintiff present and filed affidavit of service with original writ of summons and letter of postal authority t.o.r. and marked as Exh.2.
Matter is adjd.to 29-03-2022 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Rutash Jadhav for plaintiff present.
None for defendant.
On perusal of record, it appears that writ of summons was sent to the defendant through RPAD and it was duly served upon the defendant on 03-08-2021 as per letter of postal authority annexed with affidavit of service Exh. 2 . The defendant failed to appear. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to 20-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Adv. Rutash Jadhav for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 02-05-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: None present for Plaintiff.
Matter is adjd.to 07/07/2022 for Ex-Parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: None present when called. kb
L. O
Adv. Rutash Jadhav for plaintiff present.
Gaurav Kataruka Witness of plaintiff present.
Exh-3 Affidavit of evidence of Gaurav Kataruka filed by adv. for plaintiff. O- Read and recorded in evidence.
Exh-4 Compilation of documents filed by adv. for plaintiff. O- Filed
Exh-5 Invoice bearing No. 17-18-02/0562
Ex-6 Invoice cum delivery challan bearing no. 17-18-02/0562
Exh-7 Transporter receipt
Exh-8 Invoice bearing o. 17-18-02-0563
Exh-9 Invoice cum delivery challan bearing no. 17-18-02/0653
Exh-10 Transporter receipt
Exh-11 Invoice bearing no. 17-18-02/0541
Exh- 12 Invoice cum delivery challan bearing no. 17-18-02/0541
Exh- 13 Transporter receipt
Exh-14 Invoice bearing no. 17-18-02/0403
Exh-15 Invoice cum delivery challan bearing no. 1718-02/403
Exh-16 Transporter receipt
Exh-17 Invoice bearing no. 17-18-02/0538
Exh-18 Invoice cum delivery challan bearing no. 17-18-02/0538
Exh- 19 Transporter receipt
Exh-20 invoice bearing no. 17-18-20/0538
Exh-21 Invoice cum delivery challan bearing no. 17-18-02/0539
Exh-22 Transporter receipt
Exh- 23 Invoice bearing no. 17-18-02/540
Exh- 24 Invoice cum delivery challan bearing no. 17-18-02/0540
Exh-25 Transporter receipt
Exh-26 Invoice bearing no. 17-18-02/426
Exh-27 Invoice cum delivery challan bearing no. 17-18-02/0410
Exh- 28 Transporter receipt
Exh- 29 Invoice bearing no 17-18-02/0410
Exh-30 Invoice cum delivery challan bearing no. 17-18-02/0410
Exh-31 Transporter receipt.
Exh-32 Invoice bearing No. 17-18-02/0411
Exh-33 Invoice cum delivery challan bearing No. 17-18-02/0411
Exh-34 Transporter receipt.
Exh-35 Advocate notice dt. 04.03.2019
Exh-36 RLAD slip
Exh-37 Tracking report
Exh-38 Print out of snap shot of part payment made
Exh-39 Print out of ledger statement.
Defendant absent. Hence no cross-examination.
Exh- 40 Evidence closing pursis filed by adv. for plaintiff.
Heard arguments of adv. for plaintiff.
Adjd for exparte judgment to 11/07/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Rutash Jadhav for plaintiff present.
Court pronounced judgment in open court
Exh.41 - Judgment.
FRSR the following order is passed
ORDER
1. Commercial Suit No. 1117 of 2021 is decreed with costs.
2. The defendant is directed to pay an amount of Rs.6,40,983/- (Rs. Six Lacs Forty Thousand Nine Hundred and Eighty Three Only) to the plaintiff company within three months from the date of decree.
3. The defendant is further directed to pay interest at the rate of 12 percent per annum on the principal amount of Rs.4,35,195/- from the date of the suit till realization.
4. Defendant shall bear the costs of the suit.
5. Court fee be refunded to the plaintiff as per rule.
6. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 11-07-2022