Date: 14-09-2018
Business: Adv. Ms. Tejeshri for Plaintiff
None for Defendant
Adv for the plaintiff has filed original writ of summons.
Matter is adjd. to 14/12/2018 for service report.
Next Purpose: REPORT
Next Hearing Date: 14-12-2018
Date: 14-12-2018
Business: Adv. Tejashree Savarkar for Plaintiff present.
None for Defendant.
The advocate for plaintiff has filed affidavit of service upon the defendant.
Matter is adjd. to 18/01/2019. for Exparte order.
Next Purpose: HEARING
Next Hearing Date: 18-01-2019
Date: 18-01-2019
Business: Adv. Shukla for Plaintiff present.
None for Defendant.
It appears that the defendant has not appeared in the suit, though served hence suit is proceeded exparte against the defendant and case is adjourn for Exparte evidence.
Matter is adjd. to 25/02/2019 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-02-2019
Date: 25-02-2019
Business: As the Court is on leave Board is discharged and the matter stands adjd. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: Adv for plaintiff Ms.Tejashree present
She requested for adjournment
O-Granted
Matter is Adjd for Exparte Evidence to 03/08/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: Adv.Mr.Hemal Dedhia I/b.Navdeep Vora
and Associates for plaintiff present.
None for defendant.
Draft chamber summons along with affidavit tendered by
advocate for plaintiff. Leave granted to register.
Copy be served to other side.
Adjd.for service of chamber summons to 15/10/2019.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: PO is on leave
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Adv. Tejashree Savratkar for plaintiff filed Ch/s 1514/19 @ Affidavit.
Adjd to 09.01.2020 for Ch/s Service
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv. Navdeep vora for plaintiff.
The Affidavit of service of Ch/s @ Copy of track report @ the original acknowledgment card show that Ch/s has been served on the defendant on 28.08.2019. However, the defendant failed to file reply. Hence, ch/s to proceed without reply of the defendant.
As the defendant failed to contest the Ch/s and that the Ch/s is for amendment in the plaint based on the part payment made by the defendant during pendency of the proceeding, the Ch/s is allowed and permission is granted to the plaintiff to carry out the amendment as prayed as per the schedule in the ch/s.
The plaintiff to carry out the amendment on or before the next date.
Ch/s 1514/19 is disposed accordingly.
Adjd to 23.03.2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Adv. Tejashri for plaintiff
Adjd to 03-03-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv. Tejashree for plaintiff
Adjd for Ex-parte evidence to 19-06-2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT (C.R.NO.31)
Both parties and their advocates are absent when called out.
Matter is adjd.to 05-08-2021 for Ex-Parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv. Tejashree Sawratkar for plaintiff present.
None for defendant
Matter is adjd.to 20-08-2021 for (ex-parte) evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Adv. Tejashree Sawratkar for plaintiff present and filed amended copy of the plaint t.o.r. and marked as Exh.1A.
She also filed evidence affidavit of witness - Bipin Chheda t.o. r. and marked as Exh.2
Adv. for plaintiff filed list of documents t.o.r. marked as Exh.3.
Witness Bipin verified contents as well as his signatures on evidence affidavit Exh. 2 and admitted the same to be true and correct. Witness Bipin proved documents filed with list Exh. 3 as under :-
Exh. 4 – Ther certified true extract of the board resolution dtd. 08-08-2017.
Exh. 5 colly – The computer printout of the total 9 tax invoices generated from the computer system maintained by the plaintiff along with certificate under section 65B of Indian Evidence Act, 1872.
Exh. 6 – The original Bank Statement of Indian Bank.
Exh. 7 colly – Three Original Bank Statements of Deutsche Bank Which bear the original official stamp of the respective banks.
Exh. 8 – The printout statement of computation of liability of MVAT.
Exh. 9 – The printout of the extract of Sales register maintained by the plaintiff in the ordinary course of business reflecting the name of Defendant against 04 invoices.
Exh. 10 colly – The print out of the relevant three paid challans in respect of MVAT paid by plaintiff.
Exh. 11 – A consolidated Certificate under Section 65 – B of Indian Evidence Act, 1872.
Exh. 12 – The printout statement of computation of liability of MVAT
Exh. 13 – The printout of the extract of Sales register maintained by the plaintiff in the ordinary course of business reflecting the name of Defendant against 04 invoices.
Exh. 14 – The printout of the relevant paid challan in respect of MVAT paid by plaintiff.
Exh. 15 colly – The copies of the ledger account for 01st April, 2016 to 31st March, 2017 and 01st April 2017 to 26th Feb, 2019 along with certificate (under section 65- B of Indian Evidence Act)
Exh. 16 – The office copy of the Letter dtd. 18Th September 2017.
Exh. 17 – The printout of the delivery report taken from the official website of Vichare Courier.
Exh. 18 – The office copy of the letter dtd. 22Nd November, 2017.
Exh. 19 – Original postal receipt and packet bearing the postal remark as “unclaimed”.
Matter is adjd.to 28-08-2021 for (ex-parte) evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-08-2021
Date: 28-08-2021
Business: Adv. Tejashree Savratkar for plaintiff present and filed evidence closing pursis, T.O.R. and marked as Exh. 20.
Matter is adjd.to 07.09.2021 for argument (Ex-parte)
Next Purpose: ARGUMENTS
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. Tejashree Savratkar i/b Nandeep Vora & Associate for plaintiff present.
Heard Ld. Adv. Tejashree Savratkar for plaintiff.
Matter is adjd.to 18-09-2021 for ex parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Adv. Tejashree Savratkar for plaintiff present.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 695/21 is partly decreed.
2. The defendant is directed to pay amount of Rs.31,18,977/- (Rupees Thirty-one Lakhs Eighteen Thousand Nine Hundred Seventy-seven Only )to the plaintiff within three months from the date of decree.
3. The defendant is a further directed to pay interest @ 15% p.a. on the amount of Rs. 36,18,977/- to the plaintiff from date of invoices till 22/11/2018.
4. The defendant is a further directed to pay interest @ 15% p.a. on the amount of Rs. 31,18,977/- to the plaintiff from 22/11/2018 till its realization.
5. The defendant shall bear the costs of the suit.
6. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 18-09-2021