Date: 08-07-2019
Business: Matter moved by preceipe. O-Allowed.
Adv.Sarita Dahiwile for plaintiff tendered application for allowed to serve the writ of summons through superintendent of taloja jail. Order-Allowed to serve through superintendent.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: Matter called out (11.43am)
Adv.Sarita Dahiwile for plaintiff present.
Await service report
Matter adj for filing service report on 28/08/19.
Next Purpose: SERVICE
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Sarita Dahiwile for plaintiff present.
Adv.for defendant absent.
Matter adjd to 07.09.2019 for filling affidavit in service.
Next Purpose: SERVICE
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: Court is on leave. Matter adjd to 04.12.2019 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: COURT IS ON LEAVE
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: None present.
As court is busy in dictating order.
Matter adjd to 04.01.2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-01-2020
Date: 04-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Rahul Raut for plaintiff present.
Adv.for defendant absent.
No steps is taken. Hence, suit is keep for dismissal order on next date.
Matter adjd to 04.02.2020 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv.for plaintiff present.
Adv.for defendant absent.
In view of affidavit of service Exh.No.3 defendant no. 2 and 3 served through superintendent of Taloja Jail. Defendant no. 2 and 3 absent and suit is proceeded ex-party against defendant no. 2 and 3.
Ld. counsel for plaintiff orally requested that today plaintiff is not present before the court and she want to file chamber summons for execution of writ of summons against defendant no.1. Oral request is accepted and matter is adjourned on next date.
Matter adjd to 15.02.2020 for steps against defendant no.1.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Plaintiff present.
Adv.Sarita Dahiwile for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender draft chamber summons @ affidavit - Leave is granted to register chamber summons.
KB.
LO at 3.00p.m.
Advocate for plaintiff tender register chamber summons no. 313/2020.
Heard, Ld counsel for plaintiff.
FRSR - Order below in Chamber Summons No. 313/2020.
ORDER
1) Chamber Summons No. 313/2020 is dismissed with costs.
Matter adjd to 29.02.2020 for order.
Next Purpose: ORDER
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Plaintiff present.
Adv.for plaintiff absent.
None for defendant.
Adv. for plaintiff absent. He fail to take steps to secure presence of Def.no.1, hence suit is keep for dismissal against Def.no.1.
Matter adjd. to 9/03/2020 for dismissal order against Def.no.1.
L.O.
Adv. Sarita Dahiwile for plaintiff present.
Adv. for plaintiff filed Taken On Board application as matter is already adjd. to 9/03/2020, application allowed.
Adv. for plaintiff tender Draft Ch/s.
Order Leave is granted to register the Ch/s.
L.O. at 1.10 p.m.
Adv. for plaintiff tender register Ch/s. No.373/2020, t.o.r.
K.B. again called at 2.45 p.m.
Hd. Ld. Cousel for plaintiff.
FRSR, following order passed.
ORDER
1) Chamber summons NO. 373 of 2020 is allowed.
2) Plaintiff is permitted to publish writ of summons in the local newspaper Navshakti .
3) Plaintiff to bear expenses of publication.
4) Plaintiff is directed tender publication @ affidavit of service.
matter adjd. to 9/03/2020 for compliance and service report.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Adv.Sarita Dahiwale for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender affidavit of service.
Advocate for plaintiff tender writ of summons.
Advocate for plaintiff tender summons to answer to plaint.
As per the notification by Hon\''ble High Court, no urgency. Hence matter is adjourned on next date.
Matter adjd to 07.04.2020 reply.
Next Purpose: REPLY
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: AS THIS COURT IS ON LEAVE , BOARD IS DISCHARGED AND THE MATTER STANDS ADJD.
Next Purpose: REPLY
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 10/11/2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 26/11/ 2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 15.12.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv.for plaintiff present.
None for defendant.
Adv. for plaintiff tender affidavit of service on 17.03.2019 (before lockdown) .
As per paper publication writ of summons is circulated in the local news paper. However till today defendant fail to appear.
Today also defendant absent.Hence for ex-parte order.
Matter adjd to 05.01.2021 for Ex-parte order.
Next Purpose: ORDER
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: None present for plaintiff.
Adv.Dipti Shah i/b. Mr.Tushar Goradia for defendant No.1 present.
Adv.S.R.Soni for defendant No.2 and 3 present.
Matter adjd to 13.01.2021 for NM hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv.Sarita Dahiwale for plaintiff present.
None present for defendant
Statement of truth, Exh.8 filed by Adv Dahiwale t.o.r. O-filed.
Affidavit of evidence of the plaintiff by way of examination-in-chief, Exh.9 t.o.r. O-filed.
List of documents, Exh.10 t.o.r.
O-The documents are formally exhibited. Its evidenciary value will be considered at the time of final hearing.
Copies of the quotation dated 25.04.2011, 02.02.2013, 23.02.2013, 01.06.2013 and 12.02.2016, Exh.11.
Copies of Bills \''colly\'', Exh.12
Balance sheet/ledger account, Exh.13
Copy of notice dated 31.01.2019, Exh.14
Postal packets of notice, Exh.15
Matter adjd to 28.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Plaintiff present.
Adv.for plaintiff
None present for defendant.
PW No.1- Mr.Pradeep Shendur Chipkar resumed on S.A.
Evidence closure pursis, Exh.16 filed by Adv.of plaintiff t.o.r. O-filed.
Matter adjd to 01.02.2021 for Written argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Plaintiff absent.
Defendant absent.
Adv.Ms. Sarita Dahiwile for plaintiff present.
None for defendant.
Heard argument.
Adv. for plaintiff filed written argument t.o.r. marked as exhibit 17.
Matter adjd to 03.02.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Adv.Sarita Dahiwile for plaintiff present.
None present for defendant.
Matter adjd to 04.02.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv.Sarita Dahiwale for plaintiff present.
None present for defendant.
As Court is busy in other matter, hence, matter adjourned.
Matter adjd to 05.02.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv.Sarita Dahiwale for plaintiff absent.
None present for defendant.
Judgment dictated in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is decreed with costs.
2. The defendants are directed to pay to the plaintiff the sum of Rs.88,70,318/- (Rupees Eighty Eight Lakhs Seventy Thousand Three Hundred and Eighteen only) with interest thereon at the rate of 10 percent per annum from the date of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 05-02-2021