Date: 24-06-2019
Business: Adv. Sarita Dahiwile for plaintiffs present.
Plaintiff seeks for extension of writ of summons to be served on defendant. Granted.
Plaintiff to serve writ of summons to the defendants.
Adjourned for service affidavit of writ of summons to 9.7.2019.
Adv. Sarita Dahiwile for plaintiffs present.
The Ld. counsel for the plaintiff submitted that the defendants are undergoing imprisonment and are in Taloja Central Prison. The plaintiff be permitted to serve writ of summons to the defendants at Taloja jail. The plaintiff is permitted to serve writ of summons to the defendants through the Superintendent of Taloja Central Prison. The superintendent of Taloja Jail, after service of the writ summons, obtain their acknowledgment and forward it to this court.
Adjourned for service affidavit of writ of summons to 9.7.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-07-2019
Date: 09-07-2019
Business: Adv. Sarita Dahiwale for plaintiff present.
The counsel for the plaintiff seeks time for filing service affidavit as the report is not received.
Adjourned for filing affidavit of service to 2.8.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Adv. Dahiwile for plaintiff present.
The affidavit of service filed by the counsel for the plaintiff.
The Ld. counsel for the the deft. nos. 2 and 3 are in central jail. The acknowledgment bears signature of the officer of the jail, Central prison. Plaintiff to file the service report whether the summons were served upon the defendant nos. 2 and 3. The postal endorsement in respect of writ of summons to deft. no. 1 is that the deft. no .1 left the premises. Plaintiff to take steps in that regard.
Adjourned for filing affidavit of service of writ of summons against defendant nos. 2 and 3 and for taking steps against defendant no. 1 to 23.8.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Adv. Sarita Dahiwale for plaintiff present and seeks time for filling affidavit of service.
None present for defendants
Adjourned for service to 11.09.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: Adv. Ms. Sarita Dahiwile for plaintiff present.
The Ld. counsel for the plaintiff filed affidavit of service and seeks time to take steps to serve defendant no. 1.
Adjourned for steps to 23.9.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: Plaintiff present.
Plaintiff seeks time to take steps to serve defendant no. 1.
Adjourned for steps to serve defendant no. 1 to 15.11.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: None present on behalf of the plaintiff.
It appears from the record that the plaintiff has not taken steps to serve defendant no. 1 and has not filed affidavit of service in respect of defendant nos. 2 and 3. Last chance is granted to the plaintiff to take steps and to file affidavit of service.
Adjourned for steps / affidavit of service to 7.12.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: None present for plaintiff.
Plaintiff has not filed affidavit of service and it appears that plaintiff has not taken steps. Put the matter for order.
The matter is adjd for order to 27.01.2020.
L.O.
Plaintiff present.
The matter is already adjd for order to 27.01.2020.
Next Purpose: ORDER
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Plaintiff present.
None for deft.
Plaintiff filed service affidavit. T.O.R.
On perusal of service affidavit, it reveals that the postal packet carrying writ of summons was returned with postal endorsement left. But, the said packet is not attached with service affidavit. Plaintiff to take steps for serving defendant.
The matter is adjd for affidavit of service to 13.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: None present for plaintiff..
Adjourned as last chance for filing service affidavit.
The matter is adjd for affidavit of service to 21.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: None present for plaintiff.
Already last chance was granted to plaintiff to file service affidavit and to serve the deft. Put case for dismissal order.
The matter is adjd for dismissal to 06.03.2020.
Next Purpose: DISMISSAL
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Plaintiff present.
Plaintiff filed affidavit of service. T.O.R.
Plaint.
Vakalatnama.
Memorandum of address.
List of documents.
Plaintiff filed application for removing the matter from caption of dismissal order.
O. - Read application. In the interest of justice, the matter is removed from the caption of dismissal order.
Plaintiff filed application for discharge.
O. - Application is for discharging the advocate of the plaintiff filed by plaintiff. As such for discharge of advocate by a party, express order of court is not required. Plaintiff is at liberty to discharge his advocate. Hence, application is filed.
Affidavit of service does not disclose that jail authority has given the report of service of writ of summons to the defendants. Plaintiff to file affidavit of service.
The matter is adjd for affidavit of service to 20.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for service to 17.04.2020.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Adjd for service affidavit to 5/11/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for affidavit of service to 08.02.2021.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Plaintiff (Haresh Chawda)is present.
Adv. Suraj Gupte for plaintiff , prayed for time to find out exact location of Jail where defendant no. 2 and 3 are behind the bar.
None for defendant
Exh.7 - VP of Adv. Gupte for plaintiff.
Matter is adjd.to 18-02-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv Mr. Suraj Gupte for plaintiff present.
None for defendant.
Mr. Haresh Chawda plff is present.
Draft ch/s with affidavit submitted by plff., plff intents to add the residential address of deft nos. 1 and 2. yet there is no service of summons to deft nos. 2 and 3. Hence, draft ch/s is treated as application and marked as Exh.2.
Exh.2- Application of plff.- It is allowed to add the address as prayed. Plff to carryout the amendment within a week.
Fresh summons on new address is allowed.
Summons through bailiff is allowed.
Matter is adjd.to 11.03.2021 for compliance and
service.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Gupte for plaintiff present.
None for defendant.
Matter is adjd.to 09.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None for both side.
Matter is adjd.to 18.06.2021 for compliance and
service.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Court is on Leave
Next Purpose: COMPLIANCE
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: Both the parties absent when called out.
Matter is adjd.to 31-08-2021 for for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Adv. Suraj Gupte for plaintiff present
Kb Lo
Plaintiff present.
Adv. Suraj Gupte for plaintiff present and filed two duplicates and one original writ of summons issued to the defendants t.o.r.
He also filed application for service of writ of summons upon the defendants by way of publication t.o.r. marked as Exh.8
O- Considering contents in the application and report on the writ of summons substituted service by way of paper publication is allowed.
Matter is adjd.to 30-09-2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Suraj Gupte along with plaintiff present and filed affidavit of service with copies of concerned news papers in which writ of summons is published t.o.r. and marked as Exh.9
Matter is adjd.to 22-10-2021 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv. Suraj Gupte along with plaintiff present.
In view of writ of summons Exh. 9, substituted service is effected on the defendant by way of paper publication of writ of summons, but both defendants failed to appear in the matter. Hence, suit to proceed Ex parte against both defendants.
Matter is adjd.to 25-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Suraj Gupte for plaintiff along with witness Haresh Chawda present and filed evidence affidavit of witness Haresh Chawda t.o.r. and marked as Exh.9
He also filed list of documents t.o.r. and marked as Exh.10
Oath is administered to witness Haresh Chawda . He stated on Oath that evidence affidavit Exh. 9 bears his signature and contents therein are correct. He also proved documents filed with list Exh. 10 and they are Exhibited as under -
Exh. 11- The acknowledged office copy of the quotations dtd. 18-04-2010,05-10-2012 & 01-05-2014 furnished by placeholder to the defts.
Exh. 12- The office copies of the bills raised by me against the defendants for the various civil works completed by plaintiff at their above mentioned construction sites.
Exh. 13 – The office copies of the letter dtd. 27-11-2017, 24-04-2018, 02-05-2018 & 10-07-2018 addressed by placeholder to the sr. police inspector, economic offence wing, Mr. Sunil Shinde and to the DCP Matunga Zone.
Exh. 14 – The office copy of the noticed dtd. 29-10-2019 issued by plaintiff Advocate along with postal receipts.
Exh. 15 – The returned postal packets with remarks on it.
Exh. 16 – The particulars of claim
Exh. 17 – The particulars of the property of the defendants hereinabove.
Exh. 18 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 10-12-2021 for ex parte argument. (12.00 noon)
Next Purpose: ARGUMENTS
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv. Suraj Gupte alongwith plaintiff present and filed written notes of argument t.o.r. and marked as Exh. 19
Heard Ld. Adv. Suraj Gupte for plaintiff.
Matter is adjd.to 20-12-2021 for ex parte judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Suraj Gupte for plaintiff present.
Exh.20 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 15/2019 is partly decreed.
2. The defendants are directed to pay amount of Rs. 61,62,253.81/- (Rupees Sixty-one Lakhs Sixty-two Thousand Two Hundred Fifty-three and Paise Eighty-one Only ) with interest at the rate of 12% p.a. from 01/09/2015 till the date of realization within three months from the date of decree.
3. The defendants are further directed to pay amount of taxes in respect of outstanding amount of Rs. 61,62,253.81 to the plaintiff for further payment to the government as per rules.
4. The defendants shall bear the costs of the suit.
5. The defendants are jointly and severally liable to pay decretal amount to the plaintiff.
6. Court fees shall be refunded to the plaintiff as per rules.
7. Decree be drawn up accordingly
Nature Of Disposal: PARTLY DECREED
Disposal Date: 20-12-2021