Date: 19-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 02/08/2021.
Next Purpose: REPORT
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Both the parties and their advocates are absent.
L. O. at 11.45 a.m.
Plaintiff absent.
Defendant and his advocate are absent.
Adv. Tripathi for the plff present.
Matter is adjd to 08.10.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv Tripathi for plaintiff present.
None for defendant.
Plaint. Exh.1
Vakalatnama. Exh.2
Memorandum of plaintiff\''s registered address. Exh.3
List of document. Exh.4.
Adv for plaintiff filed affidavit of service Exh. 5.
All defendants served on dated 30.03.2021. They failed to appear in response to the suit summons . Hence suit to proceed ex-parte.
Matter is adjd to 10.01.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv Tripathi for plaintiff present.
None for defendant present.
Adv for plaintiff filed claim affidavit. TOR Exh.6
Adv for plaintiff filed list of documents TOR Exh.7
Document at serial no. 1 is plaintiff tax invoice No. 0075 dated 05.06.2014 and it is marked as Exh.7/1
Document at serial no. 2 is Excise Invoice No.00031 dated 05.06.2014 and it is marked as Exh.7/2
Document at serial no. 3 is Excise Invoice No.00032 dated 05.06.2014 and it is marked as Exh.7/3
Document at serial no. 4 is Excise Invoice No.00033 dated 05.06.2014 and it is marked as Exh.7/4
Document at serial no. 5 is Excise Invoice No.00034 dated 05.06.2014 and it is marked as Exh.7/5
Document at serial no. 6 is Transporter Goods Consignment Note No.K 36631 dated 05.06.2017 and it is marked as Exh.7/6
Document at serial no. 7 is Tax Invoice No. 0080 dated 12.06.2014 and it is marked as Exh.7/7
Document at serial no. 8 is Excise Invoice No.00038 dated 12.06.2014 and it is marked as Exh.7/8
Document at serial no. 9 is Transporter\''s Goods Consignment Note No.M. 86493 dated 12.06.2014 and it is marked as Exh.7/9
Document at serial no. 10 is Excise Invoice No.0127 dated 14.06.2014 dated and it is marked as Exh.7/10
Document at serial no. 11 is Excise Invoice No.000054 dated 14.07.2014 dated and it is marked as Exh.7/11
Document at serial no. 12 is Transporter\''s Goods Gonsinment note No. M-86804 dated 14.07.2014 and it is marked as Exh.7/12
Document at serial no. 13 is three original dishonored cheques issued by the defendants and Cheque Return Memos and it is marked as Exh.7/13
Document at serial no. 14 is second carbon copy of plaintiff\''s advocates legal demand notice dated 22.02.2020, and five original registered post receipts and 1 Registered post Acknowledgement Card and 4 Returned Registered post letter Envelope packets and it is marked as Exh.7/14
Matter is adjd for ex-parte judgment to 15.01.2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: Plaintiff and defendant absent.
Adv. K.S. Tripathi for plaintiff is present.
Matter is adjd for Ex-parte Judgment to 20/01/2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Adv Tripathi for plaintiff present.
Matter is adjd for ex-parte judgment to 28.01.2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: Adv. Mr. Tripathi for the Plaintiff is present.
None present for defendant.
Matter is adjd for Ex-parte Judgment on 11.02.2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: Adv Tripathi for plaintiff present.
Matter is adjd for ex-parte judgment on 16-02-2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv K.S Tripathi for plaintiff present.
None for defendant.
Matter is adjd for ex-parte judgment on 18-02-2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv Tripathi for plaintiff present.
One advocate appeared and requested to kept back the matter for filing NM on behalf of defendant.
KB
L.O. at 3.50 pm.
Defendant no. 2 present.
Adv for defendant no.2 present and tendered draft Notice of Motion along with affidavit in support. O- Leave granted to register it. TOR
Adv for plaintiff filed VP. TOR.
Matter is adjd for steps on 01-04-2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: PO is on training. Matter adj. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv. Mr. Tripathi for Plaintiff present.
Adv. Mr. Rishikesh Hartalkar for Defendant present and tendered registered NM 1121/2022 with Affidavit in support.
Copy served to other side.
Adv. for Plaintiff filed reply on NM itself.
F.R.S.R. following Order is passed :-
ORDER
1. NM No. 1121/2022 is hereby allowed and the Ex-parte Order dated 15/12/2021 passed in Sum. Suit No. 225/21 is set aside subject to costs of Rs. 3,000/- costs to other sides.
2. NM No. 1121/2022 is disposed of accordingly.
Matter adjourned to 30/06/2022 for Summons for Judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Adv. Mr. Tripathi for Plaintiff present and filed draft SJ with Affidavit in support and seeks leave to register same.
Plaintiff to serve SJ on other side.
Matter adjourned to 07/09/2022 for Service of SJ.
Next Purpose: SERVICE
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Adv. Tripathi for Plaintiff is present and tendered register S.J. No.206/2022 a/w affidavit.
Adv. Tripathi submits that S. J is duly served on the Ld. Advocate of the defendant. He seeks time to file service affidavit.
He also points out that defendant has not paid the cost of Rs. 3000/- order by this Court dt. 20.06.2022.
None for Defendant.
Matter adjourned to 01.12.2022 for filing affidavit.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv.Tripathi for plaintiff present. He filed affidavit of service of SJ.
It appears that SJ is served on the defendant on 30/08/2022.
He further submits that till dated he has not received reply to SJ, therefore no reply order be passed. He also points out that defendant yet not paid cost of Rs.3,000/- as directed by this court by order dated 20/06/2022.
None for defendant.
As the SJ is served to the defendant on 30/08/2022 and as the limitation of filing reply/leave to defend is over, suit to proceed without reply to SJ.
Matter is adj to 15/02/2023 for ex-parte hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: As Court is busy in dictating order in SJ No.333/16 in Summary Suit No.953/15 remaining second session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 05/04/2023 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: As court is busy in hearing final arguments in Sessions Case Nos.1884/2019 and 208/2020, remaining second session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 19.06.2023 for S/J. Hrg.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Court is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Tripathi for plaintiff is present.
Heard counsel for plaintiff on SJ No.206/2022.
Matter is adj to 03.10.2023 for order on SJ. No.206/22.
Next Purpose: ORDER
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. K. S. Tripathi for plaintiff is present.
FRSR following order is passed
Order
1.Summons for Judgment No.206/2022 is allowed.
2.The suit is decreed with costs.
3.The defendants shall pay to the plaintiff the amount of Rs.2,99,999/- (Rupees Two Lakhs, Ninety Nine Thousands, Nine Hundreds and Ninety Nine only).
4.The plaintiff is entitled to simple interest on the amount of Rs.2,99,999/- at the rate of Rs.9 percent p.a. from the date of filing the suit till the date of decree, and thereafter at the rate of Rs.6 percent per annum till its full realization.
5.All the defendants are jointly and severally liable to pay the decreetal amount and further interest thereon.
6.The plaintiff is entitled to get refund 2/3rd court fees paid by it.
7.The decree shall be drawn accordingly.
8.Summons for Judgment No.206/2022 is disposed off.
Nature Of Disposal: DECREED
Disposal Date: 03-10-2023