Date: 15-01-2021
Business: Adv. Yasmin Sarang for plaintiff present.
Issue writ of summons to the defendant.
Adjd for compliance/report to 29/04/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv.Yasmin Sarang h/f.M.V.Kini and Co. for plaintiff present.
None present for defendant No.1 and 2.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
Adv.of plaintiff filed affidavit of service, Exh.5 t.o.r.
The Ld.Adv.for the plaintiff wants to serve on the defendant No.1 at Palghar address and the defendant No.2 at Chakala, Andheri (East) address. Hence, re-issue suit summons to the consent defendants at the aforesaid addresses.
The defendant No.1 is served at Vile Parle address.
Matter adjd. to 21.09.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.02 pm,
Adv.Yasmin Sarang for plaintiff present.
Report is awaiting. Matter adjd to 13.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv.Yasmin Sarang for plaintiff present.
None present for defendant.
The plaintiff tendered service affidavit in respect of defendant Nos.1 and 2 t.o.r. marked as Exh.6
Matter adjd to 28.10.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv.Yasmin Sarang for plaintiff present.
None present for defendant.
The plaintiff filed draft Ch/s alongwith affidavit t.o.r. O-Leave granted to register the Ch/s.
Heard the Ld.Adv.for the plaintiff on draft Ch/s. Following order is passed.
ORDER ON DRAFT CHAMBER SUMMONS
This chamber summons is taken out by the plaintiff requesting to allow the plaintiff to serve the summons on defendant by paper publication. Read the service affidavit filed at Exh.05 and 06. Read the addresses of the defendants. There are local addresses of the defendants at Vile Parle and Mumbai. Hence, before issuing summons by paper publication, it is desirable to serve the suit summons through bailiff. Hence, I pass the following order.
ORDER
1.Issue fresh suit summons on both the defendants through bailiff on their local addresses at Mumbai.
2.The chamber summons is disposed of accordingly. It be registered for statistical purpose.
Matter adjd to 08.12.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv.Yasmin Sarang i/b.M.V.Kini and Co. for plaintiff present.
None present for defendant.
The plaintiff filed application for extension of time for service of suit summons, Exh.7. O-Time is extended for service of suit summons.
Matter adjd to 25.01.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: P.,O. is on leave hence, matter adjd. to 7/2/2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per office order 27 of 2022 holiday declared.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv.Yasmin Sarang i/b.M.V.Kini and Co. for plaintiff present.
The plaintiff filed service affidavit a/w. summons and bailiff report t.o.r. and marked as Exh.8 (colly.).
Mr.Pradip Mehta, representative of defendant No.1 present. He wants to file vakalatnama for defendant No.1. KB.
LO at 01.15 pm,
None present.
KB
LO at 03.13 pm,
When called defendant No.1 is absent. Read the service affidavit Exh.8 (colly.) defendant failed to file appearance, hence, suit to proceed ex-parte against defendant No.1.
Matter adjd to 31.03.2022 for steps against deft.No.2.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv.Sarang h/f.M.V.Kini and Co. for plaintiff present.
None present for defendant.
On oral request adjd for steps against defendant No.2.
Matter adjd to 02.05.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.50 am,
Adv.Yasmin Sarang i/b.M.V.Kini and Co. for plaintiff present.
Adv.of plaintiff filed draft chamber summons a/w. affidavit in support t.o.r. O-Leave granted to register draft chamber summons.
Matter adjd to 24.06.2022 for Ch/s. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: (Matter pertains to CR-32)
Adv. Smt. Yasmin Sarang i/b M. V. Kini and Co. for plaintiff present and tendered registered Chamber Summons No.875/2022 a/w affidavit in support. t.o.r.
Matter is adjd. to 22.07.2022 for service and reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv. Yasmin Sarang Present for Plff.
None Present for Deft.
Heard Ld adv of plff on CS 875/22. Perused record as per service affidavit Ex.05,06 deft no.2 could not served with suit summons as the RPAD envelop returned with postal endorsement “ left” Thus it is necessary to issue him suit summons by way of substitute service. Hence CS 875/22 is allowed following order.
1. Suit summons be served on defendant no.2 by way of publication in newspaper as prayed.
2. Simultaneously plaintiff shall serve suit summons on defendant no.2 by pasting it on the door, as well as by Email to the defendant no.2.
Adj. For Service affidavit of deft no.2 on 29/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: None present.
KB. 12.00.
Adv. Yasmin Sarang Present for Plff.
None Present for Deft.
Ex.09 - Adv of plff has filed service affidavit along with copy of email. It shows that, deft no.2 served with suit summons by Email dt.04/08/2022.
Adv of plff seeks time for filing service affidavit in respect of pasting summons on the door of deft no.2.
Adj. For Service affidavit of deft no.2 in respect of pasting summons on 20/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv. Yasmin Sarang Present for Plff.
None Present for Deft.
Ex.10. - Adv of plff has filed service affidavit along with Copy of newspaper Free Journal (English), Navshakti (Marathi) dt. 24/08/2022.
Adj. For Service affidavit in respect of pasting of suit summons on 14/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Adv. Yasmin Sarang I/b M. V. Kini And Co. Present for Plff.
None Present for Deft.
Adv of plff seeks time for filing service affidavit in respect of pasting. However record shows that suit summons was served to deft by way of paper publication on 24/08/2022. as per service affidavit Ex.10 but till today deft not appear. Hence suit be proceeded ex-parte against deft.
Adj. For Ex-parte evidence on 05/12/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Adv. Yasmin Sarangi I/b M. V. Kini Present for Plff.
None Present for Deft.
Adv of plff seeks adjournment for adducing evidence on the ground that plff is not felling well. Adj. Granted.
Adj. For Evidence of Plff on 12/01/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv. Yasmin Sarang I/b M. V. Kini and Co. Present for Plff.
None Present for Deft.
Exh.11 - Adv of plff has filed chief examination of PW-1.
PW-1 present. Oath given to witness.
Exh.12 - Adv of plff has filed list of documents.
Heard Adv.of plaintiff on the point of exhibiting documents. As the suit is ex-parte, no argument of defendant. Document at sr.no. 1 to 3 and 5 to 7 filed with list Exh.12 are not additional documents. Photocopies of these documents were filed by plaintiff at the time of filing suit. The document at sr.no.4 is photocopy and hence it can not be marked exhibit. Therefore the document at sr.no. 1 to 3, 5 to 7 are tentatively marked exhibit as under.
Exh.13- Letter of authority dt. 03/10/2020.
Exh.14- Sale notice dt. 08/01/2016 and acknowledgment.
Exh.15- Final notices of sale of goods dt.16/03/2016 and acknowledgment.
Exh.16- Demand notice 12/01/2018 and 28/08/2019 and acknowledgment.
Exh.17- Letter dt. 01.10.2019, 10.10.2019 and acknowledgment.
Exh.18- Final notice dt. 12/02/2018, 11/09/2019 and acknowledgments.
Suit is ex-parte, hence, no cross.
Adj. For Further evidence on 01/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Adv. Yasmin Sarang I/b M. V. Kini and Co. Present for Plff.
None Present for Deft.
Adv of plff contended that plff intending to amend the plaint and therefore adjournment be granted.
Adj. For Ex-parte further evidence on 14/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Adv. Yasmin Sarang for plaintiff is present.
None for defendant.
Adv for plaintiff has filed draft Chamber Summons alongwith affidavit for amendment in the Plaint. Leave granted to register CS.
KB L.O. at 1.29 pm
Heard ld adv for plaintiff on CS.
The CS is for amendment in the name of plaintiff and consequential amendment i.e. addition of para no.1A in the plaint. By the propose amendment plaintiff wants to change the name of plaintiff by inserting the words ‘The Board of Mumbai Port Authority’ inserted of The Board of Trusty of the Port of Mumbai. Defendant served with suit summons but they did not appear hence, suit proceeded exprate against them. In seems that the propose will not change the nature of suit and no prejudice caused to the defendants. Hence, Chamber Summons allowed as under-
1. Plaintiff is allowed to carry out amendment in the Plaint as per schedule annexed with draft Chamber Summons.
2. Plaintiff shall carry out amendment till next date.
3. Chamber Summons be registered for statistical purpose.
Case is adjourned for carrying out amendment to 04-03-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: Adv. Yasmin Sarang for plaintiff present.
None present for defendant.
Adv.of plaintiff has carried out amendment as per order dtd. 14.02.2023.
Exh.1/1 Copy of amended plaint filed by Adv.of plaintiff.
Exh.19 Adv.of plaintiff has filed application for permission to produce documents i.e.copy of newspaper Navshakti dtd. 17.03.2016. The said document is disclosed in para no .9 of plaint. Hence, it is taken on record and marked at Exh.20.
Exh.21 Statement of truth filed by Adv.of plaintiff. Seen and Filed.
Exh.22 Adv.of plaintiff has filed evidence closure pursis.
Case adjd for argument to 18.03.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: Adv.Yasmin Sarang I/b M.V.Kini and Co. for plff present.
None present for deft.
Heard advocate of plff.
Case adjourned for ex-parte judgment to 01/04/2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Adv. Smt. Yasmin Sarang h/f. M. V, Kini for plaintiff present.
None present for defendant.
Exh.11 Judgment.
FRSR following order passed.
ORDER
1. Suit is decreed with costs as under :-
2. Defendant No.1 is directed to pay to plaintiff a sum of Rs.10,79,424/- and interest @ 18% p.a. on principal sum of Rs.7,79,884/- from the date of suit till realization of the said amount.
3. Suit is dismissed to the extent of defendant No.2.
4. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 01-04-2023