Date: 01-03-2021
Business: Adv.Nikita Ghulgarde for plaintiff present.
None present for defendant.
Application, Exh.2 for extension of date to serve the writ of summons to the defendants through RPAD filed by Adv. of plaintiff t.o.r. O-Time extended to serve writ of summons.
Matter adjd to 18.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 07.04.2021 for awaiting service report.
LO
Adv.Yashab Virani h/f. Adv.Satish Agarwal for plaintiff present.
Matter adjd to 07.04.2021 for awaiting service report.
Judge
LO
Adv.Yashab Virani h/f. Adv.Satish Agarwal for plaintiff present.
Adv.of plaintiff filed affidavit of service of writ of summons, Exh.3 t.o.r. O-filed.
Adv. of plaintiff filed application for re-issue of writ of summons to the defendant through RPAD, Exh.4 t.o.r.
O-Reissue summons to the defendant.
Matter adjd to 07.04.2021 for awaiting service report.
Next Purpose: REPORT
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 05.05.2021 for await service report.
Next Purpose: REPORT
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 21.06.2021.
Next Purpose: REPORT
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: As PO is on leave. Matter is adjd to 21.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: N.O.B.T.O.B.
Adv.Dhara Shah for plaintiff present and filed application, Exh.5 for taking the matter on board. O-Request for taking case on board is allowed.
The plaintiff filed application, Exh.6 for extension of time to serve writ of summons. O-Time is extended to serve writ of summons.
Matter already adjd to 16.09.2021 for service affidavit of writ of summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv.Mamta Tiwari h/f.Adv.Satish Agarwal for plaintiff present.
None present for defendant.
The plaintiff wants to file application, hence, keep back.
LO at 12.34 pm
Adv.Mamta Tiwari h/f.Adv.Satish Agarwal for plaintiff present.
Plaintiff submitted application, Exh.7 for service of writ of summons t.o.r. O-Read the application, heard the plaintiff. Read the service affidavit, Exh.3. The defendants are unserved. Their summons are returned with endorsement address \''left\''. Hence, allow to serve the defendant by pasting and paper publication. The plaintiff to comply accordingly.
Matter adjd to 09.11.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.05 pm,
None present.
Matter adjd to 14.12.2021 for compliance/service affidavit.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: None present for defendant.
Adv.Narendra Gharat present and filed vakalatnama a/w. NOC on behalf of plaintiff t.o.r. and marked as Exh.8 colly.
Matter adjd to 10.02.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: None present.
In view of SOP dated 6.1.2022, matter adjd to 14.03.2022 for affidavit of service.
L.O. at 12.10 p.m.
Adv. Narendra Gharat for plaintiff present.
Matter already adjd. to 14/03/2022 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Mr. Narendra Gharat present for plaintiff.
None present for defendant.
On oral request of the ld. advocate for the plaintiff. Last chance is granted.
Matter adjd to 18.04.2022 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv.S.G.Mahamuni h/f.Adv.Narendra Gharat for plaintiff present.
None present for defendant.
KB
LO at12.55 pm,
Adv.Narendra Gharat for plaintiff present.
Adv. of plaintiff filed application for service by paper publication t.o.r. and marked as Exh.9.
O-Read the order dated 16.09.2021, the plaintiff is already allowed to serve the defendant by pasting and paper publication, hence, plaintiff comply with the same. The plaintiff wants to mention the names of specific newspapers. He is at liberty to publish the summons in the newspapers stated in the application. Time for service is extended accordingly.
Matter adjd to 21.06.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: None present.
KB.
Adv. S. G. Mahamuni Present for Plff.
None Present for Deft.
Adv of plff seeks time for extension of writ summons. Granted.
Adj. For Service affidavit on 29/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: None present.
KB. LO 12.01.
Adv. S. G. Mahamuni h/f Adv. Gharat Present for Plff.
None Present for Deft.
Adv of plff seeks time for extension of time to writ of summons. Granted.
Adj. for Service affidavit 04/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Narendra Gharat Present for Plff.
None Present for Deft.
Ex.10 adv of plff has filed service affidavit along with newspaper Free press Journal and Navshakti dt.26/09/2022. It shows that suit summons served above newspaper on 26/09/2022.
Adj. For Order against deft on 01/11/2022.
Next Purpose: ORDER
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Narendra Gharat Present for Plff.
None Present for Deft.
As per service affidavit Ex.10 defts are served with suit summons on 26/09/2022. But till today deft no.1,2,3 are not appear. Hence suit be proceeded ex-parte against defts.
Adj. For Ex-parte Evidence on 25/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Adv. Narendra Gharat Present for Plff.
None Present for Deft.
Adv of plff seeks time for filing ex-parte evidence. Granted.
Adj. For Ex-parte evidence on 16/12/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. Narendra Gharat Present for Plff.
None Present for Deft.
Adv of plff seeks time to file evidence of plff. Granted.
Adj. For Ex-parte evidence on 12/01/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv. Narendra Gharat Present for Plff.
None Present for Deft.
Exh.11 - Adv of plff has filed chief examination of PW-1.
PW-1 Mihir Mukesh Fifadra present. Oath given to witness.
Exh.12 - Adv of plff has filed list of documents.
Adv of plff seeks time to file certificate under section 65-B.
Adj. For marking of documents on 08/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv. S.G. Mahamuni for plaintiff present.
None for defendant.
Adv of plaintiff seeks time for filing certificate u/s 65b of evidence act. Adjournment granted.
Case adjd for marking of document on 28.02.203.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Adv. Narendra Gharat for plaintiff present.
None present for defendant.
Adv.of plaintiff seeks time to file certificate u/s 65-B. Granted.
Case adjd for marking of documents to 21.03.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Adv. Narendra Gharat for plaintiff present.
None present for defendant.
PW No.1 Mihir Mukesh Fifadra present.
Exh.13 Adv.of plaintiff has filed certificate u/s 65-B of Evidence Act.
Heard Adv.of plaintiff on the point of marking of document.
F.R.S.R marking of documents.
Exh.14 Board Resolution.
Exh.15 Invoice dtd. 01.09.2017.
Exh.16 Delivery Challan dtd. 01.09.2017.
Exh.17 Weighing Receipt dtd. 01.09.2017.
Exh.18 Print Outs of the emails sent by the plaintiff to defendant no.1.
Exh.19 Copies of the case status.
Exh.20 Cheque dtd. 11.02.2018.
Exh.21 Bank Memo dtd. 21.02.2018.
Exh.22 Email notice dtd. 26.09.2019.
Exh.23 Adv.of plaintiff has filed evidence closure pursis.
Case adjd for argument to 13.04.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Adv. S. G. Mahamuni Present for Plff.
None Present for Deft.
Heard argument adv of plff.
Adj. For Judgment on 02/05/2023.
Next Purpose: JUDGMENT
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: Adv. Narendra Gharat Present for Plff.
None Present for Deft.
Exh.24 - Judgment.
F.R.S.R following order passed.
1. Suit is decreed with costs.
2. The defendants are jointly and severally directed to pay to plaintiff the amount of Rs.7,02,109/- with interest @ 21% p.a. from the date of suit till realization of the said amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 02-05-2023
