Date: 23-02-2021
Business: Adv. Mr. Jitendra Ahuja for plaintiff, prayed for adjd. to submit service affidavit.
Adv. Mr. V.D. Dixit for deft. nos. 1 to 3 and 5, prayed for adjournment to file W.S.
Exh.2- V/P filed by adv. Mr. J.H. Kothari and V.D. Dixit for deft nos.1 to 3 and 5, along-with address memo.
Matter is adjd.to 18.03.2021 for service affidavit and
W.S of Deft nos. 1 to 3 and 5.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Mr. Jitendra Ahuja for plaintiff, prayed for adjd. to file service affidavit.
None for defendant.
Matter is adjd.to 15.04.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 05.07.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv. Jitendra Ahuja for plaintiff present and filed affidavit of service with original writ of summons and acknowledgement t.o.r marked as Exh. 3
None for defendant
Defendants no. 1 to 3 and 5 filed absent and adv. representing them are also absent till 12.00 noon. As defendant no. 1to 3 and 5 failed to file written statement after recording their appearance through Advs. on 23-02-2021 , suit to proceed without written statement against defts. no. 1to 3 and 5. Affidavit of service coupled with acknowledgement of defendant no. 4 reveals that defendant no. 4 is duly served with writ of summons on 12.02.2021, but he failed to appear. Hence, suit to proceed (ex-parte) against defendant no. 4.
Matter is adjd.to 01-09-2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Both parties are absent when called out the matter.
Matter is adjd.to 15-09-2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv Jitendra Ahuja for plaintiff present.
Matter is adjd.to 05.10.2021 for Ex-parte evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: None for plaintiff.
Matter is adjd.to 20-10-2021 for ex parte R/E.
LO
Adv. Jitendra Ahuja for plaintiff present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv. Rajesh Patil i/b Jitendra Ahuja for plaintiff present
Matter is adjd.to 25-11-2021 for ex parte evidence LO
Adv. Jitendra Ahuja along with witness Nimish Chandrakant
Thacker present and filed evidence affidavit of witness Nimish
Chandrakant Thacker 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 Nimish Chandrakant
Thacker . He stated on Oath that evidence affidavit Exh.4 bears his signature and contents therein are correct. He also prove documents filed with list Exh.5 and they are marked as Exhibited documents as under -
Exh. 6 – Registration certificate of the firm.
Exh. 7 – GST details of defendant no. 1.
Exh. 8 – Email dtd. 04-11-2014
Exh. 9 - Email dtd. 25-11-2015
Exh. 10 - Email dtd. 30-11-2015
Exh. 11 - Email dtd. 16-01-2016
Exh. 12 - Email dtd. 05-02-2016
Exh. 13 - Email dtd. 12-02-2016
Exh. 14 - Email dtd. 01-03-2016
Exh. 15 - Email dtd. 02-04-2016
Exh. 16 - Email dtd. 26-04-2016
Exh. 17 – SMS dtd 03-09-2016.
Exh. 18 – Invoice No. 0051 dtd. 02-05-2016.
Exh. 19 - Invoice No. 0073 dtd. 12-05-2016.
Exh. 20 - Invoice No. 0074 dtd. 12-05-2016.
Exh. 21 - Invoice No. 0078 dtd. 13-05-2016.
Exh. 22 - Invoice No. 0079 dtd. 13-05-2016.
Exh. 23 - Invoice No. 0366 dtd. 30-09-2016.
Exh. 24 - Invoice No. 0367 dtd. 30-09-2016.
Exh. 25 – Lorry Receipt No. 23795 dtd. 12-05-2016.
Exh. 26 - Lorry Receipt No. 13733 dtd. 30-09-2016.
Exh. 27 - Email dtd. 20-03-2016 by defendant no. 2.
Exh. 28 - Email dtd. 02-05-2016 by the plaintiff.
Exh. 29 - Email dtd. 02-05-2016 by defendant no. 2.
Exh. 30 - Email dtd. 13-05-2016 by defendant no. 2.
Exh. 31 - Email dtd. 27-01-2017 by the plaintiff.
Exh. 32 - Email dtd. 27-01-2017 by the plaintiff.
Exh. 33 – Letter dtd. 10-02-2017 by the plaintiff to the deft with acknowledgment.
Exh. 34 – Letter dtd. 14-08-2017 by the plaintiff to the defendant with acknowledgment.
Exh. 35 – Letter dtd. 01-08-2018 by the plaintiff to the deft no. 2 with acknowledgment.
Exh. 36 – Letter dtd.25-09-2018by the plaintiff to the defts with acknowledgment.
Exh. 37 – Letter dtd. 10-10-2018 by the defendant no. 2 to the plaintiff.
Exh. 38 – Legal notice dtd. 19-11-2018 by the plaintiff to the defendants.
Exh. 39 – Reply to notice dtd. 10-12-2018 by the defendant.
Exh. 40 – Rejoinder to the reply given by the plaintiff on 04-01-2019.
Exh. 41 – Ledger of transactions with defendants on 01-02-2016 to 25-02-2020 with certificate under section 65 – B of the Evidence Act. (Wadi - Nagpur)
Exh. 42 – Ledger of transactions with defendants on 01-02-2016 to 25-02-2020 with certificate under section 65 – B of the Evidence Act. (Taloja)
Exh. 43 – Ledger of transactions with defendants on 01-02-2016 to 25-02-20 with certificate under section 65 – B of the Evidence Act. (Wadi - Nagpur)
Exh. 44 – Certificate dtd 16-10-2021 issued by Union Bank alongwith certificate under Banker’s Book Evidence Act.
Exh. 45 – Bank statement of the plaintiff’s account from the period 01-09-2016 to 31-10-2016. Issued by Union Bank alongwith certificate under Banker’s Book Evidence Act.
Exh. 46 - Evidence close pursis filed by Adv. for plaintiff.
Matter is adjd.to 23-10-2021 for ex parte argument. (12.00 noon)
Next Purpose: ARGUMENTS
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: Adv. Jitendra Ahuja for plaintiff present.
Heard Ld. Adv. Jitendra Ahuja for plaintiff.
Matter is adjd.to 30-10-2021 for ex parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: None for plaintiff.
Court busy in order in C/S NO. 522/21 in Com Su. No. 14/21 & evidence in Com. Suit No. 413/20.
Matter is adjd.to 12-11-2021 for Ex parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: None for plaintiff.
Exh.47 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 19/2021 is partly decreed.
2. The defendants are directed to pay amount of Rs. 21,90,516.38/- (Rupees Twenty-one Lakhs Ninety Thousand Five Hundred Sixteen and Paise Thirty-eight Only )to the plaintiff within three months from the date of decree.
3. The defendant is a further directed to pay interest at the rate of 12 % p.a. on the principal amount of Rs. 12,52,589/- from the date of the suit till realization.
4. The defendants are jointly and severally liable to pay the decretal amount of the plaintiff.
5. The defendants shall bear the costs of the suit.
6. Decree be drawn up accordingly
Nature Of Disposal: PARTLY DECREED
Disposal Date: 12-11-2021