Date: 22-07-2019
Business: Adv. Rajesh for plaintiff.
None for defendant.
Exh.5 Affidavit of service fled by plaintiff.
As per postal department track record the suit summons is served to defendant on 9/5/2019,
there is nothing on record to show that defendant has filed appearance therefore suit proceed exparte.
Adjd for exparte evidence on 21/9/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-09-2019
Date: 21-09-2019
Business: Adv.Rajesh Kanojia for plaintiff present.
Adv.Kiran Kamble for defendant no.5 present.
Matter is adj for ex-parte evidence on 27/11/19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Court is busy in final argument of Suit No.6822/79, 6823/79, 6824/79 and 6826/79.
Adv.Rajesh A. Kanojia for plaintiff present.
Defendant ex-parte.
Matter is adj to 15/01/2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Matter is called out at 11.27am
(Exh-1)Plaint
(Exh-2)Vakalatnama (Exh-3)Memorandumof register address.
(Exh-4)List of documents.
Adv.Rajesh A.Kanojia for plaintiff present filed affidavit of evidence (Exh-5) alongwith document as per list. (Exh-6) O-Production Allowed.
Defendant Ex-parte.
a.Brochuer of the plaintiff company, it is marked as Exh-7
b.Document at Sr.No.2 is the original copy of prosapacate sheet. The witness is not author of the document hence can not be exhibited.
c.Original agreement dated 03/03/2016 executed between plaintiff and defendant, it is marked as Exh-8.
d.Document at Sr.No.4 is the photocopy of cheque hence can not be exhibited.
e.Document at Sr.No.5 is the photocopy of power of attoreney dated 30/06/2016 execuated by the defendant in favour of plaintiff hence can not be exhibited.
Plaintiff advocate requested for time to file original document. Time granted.
Chief is deffered.
Matter is adj to 06/03/2020 for exhibiting of document.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Court is busy recording of evidence in Suit No.7053/06 and 3411/11.
Adv.Simran Vishwakarma h/f Rajesh Kanojia for plaintiff present.
Defendant and his advocate absent.
Matter is adj to 10/06/2020 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, Case is adjourned to 05/08/2020
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Business: Due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: Due to Covid-19 none present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Adv. Rajesh Kanojia for plaintiff present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 03.03.2021 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv. Rajesh Kanojia for plaintiff present.
None for defendants.
On oral request of Ld. Adv. for plaintiff adjournment granted.
Adjd to 06.05.2021 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: In view of office order No. 81/2021 dtd. 17.04.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Adv. Rajesh Kanojia for plaintiff present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for admission denial to 12/10/2021
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. Rajesh Kanojia For plaintiff present and prayed for adjournment.
None for defendants.
Adjd for admission denial to 15/12/2021
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv. Rajesh Kanojia for plaintiff present.
Adjd for admission denial to 07/03/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Dt.07/03/2022
Sum 511/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Adv. Rajesh Kanojia For plaintiff present and seeks time to file some documents pertaining to bank.
Plaintiff absent.
Adjd for admission denial to 09/06/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Adv. Rajesh Kanojia for plaintiff present and prayed for adjournment for production of document. - short date be given.
Matter is adjd.to 14-07-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. Rajesh Kanojia for plaintiff along with witness Bhupen Dalal present and filed evidence affidavit of witness Bhupen Dalal t.o.r. and marked as Exh.9
He also filed list of documents t.o.r. and marked as Exh.10
Oath is administered to witness Bhupen Dalal . He stated on Oath that evidence affidavit Exh.9 bears his signature and contents therein are correct. He also proved documents filed with list Exh.10 and they are Exhibited as under -
Exh. 11- Copy of original slip of depositing Rs.1000/- dtd. 10-03-2016. (Compaired with original and found to be correct as per original. Original slip return immediately to witness Bhupen)
Exh. 12- Certified copy of bank statement of Bank account no. 008620110001754.
He also proved documents below list Exh. 6 as under -
Exh.13-Xerox copy of cheque of Rs. 1000/- dtd.03-03-2016.
Exh. 14- Xerox copy of letter dtd. 07-04-2016.
Exh. 15- Xerox copy of letter dtd. 29-04-2016.
Exh. 16- Print out of email dtd. 21-11-2016.
Exh. 17- Print out of email dtd. 13-12-2016.
Exh. 18- Xerox copy of letter dtd. 28-12-2016.
Exh. 19 - Xerox copy of letter dtd. 23-01-2017.
Exh. 20 - Xerox copy of letter dtd. 15-02-2017.
Exh. 21- Print out of email dtd. 20-02-2017and21-02-2017.
Exh. 22 - Xerox copy of letter dtd. 11-03-2017.
Exh. 23 - Print out of email dtd.31-03-2017.
Exh. 24 - Xerox copy of letter dtd. 11-04-2017.
Exh. 25- Print out of email dtd.14-06-2017.
Exh. 26 -Print out of emails dtd. 04-07-2017,05-07-2017,06-07-2017 and 24-07-2017.
Exh. 27- Print out of email dtd.14-09-2017.
Exh.28 - Xerox copy of letter dtd. 14-11-2017.
Exh. 29 - Print out of email dtd.11-01-2018.
Exh. 30 - Print out of email dtd.04-04-2018.
Exh. 31 - Particulars of bill dtd. 03-04-2018.
Exh. 32 - Print out of email dtd.04-04-2018.
Exh. 33 -Print out of email dtd.05-04-2018.
Exh. 34 to Exh. 39 - Print out of emails dtd.05-04-2018, 12-04-2018, 13-06-2018, 14-04-2018, 16-04-2018 and 13-07-2018.
Exh. 40 colly - Xerox copy of legal notice dtd. 24-09-2018 and 31-10-2018.
Exh. 41 - Particular of claim.
Matter is adjd.to 23-08-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Rajesh Konojia a/w plaintiff present and filed additional affidavit of PW -1 Bhupen Dalal t.o.r. marked as Exh. 42.
He also filed list of documents t.o.r. marked as Exh.43
Document at sr. no. 1 and 2 in list of documents Exh. 43 are marked as Exh. 44 and 45 respectively.
Adv. Rajesh Konojia filed pursis t.o.r. marked as Exh. 46
Matter is adjd.to 08-09-2022 for ex parte argument
Next Purpose: ARGUMENTS
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Adv. Rajesh Kanojia for plaintiff present and filed written notes of argument t.o.r. marked as Exh.47
None for defendant
Heard Adv. Rajesh Kanojia for plaintiff.
Matter is adjd.to 16-09-2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Adv. Rajesh Kanojia for plaintiff present.
None for defendant
Exh. 48 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Summary Suit No. 511/2019 is partly decreed.
2.The defendant is directed to pay amount of Rs.2,65,500/-
(Rupees Two Lakh Sixty-five Thousand Five Hundred Only)to the plaintiff within three months from the date of decree.
3. The defendant is further directed to pay interest @ 12percent p.a. on the principal amount of Rs.2,25,000/- to the plaintiff from the date of filing of the suit till its realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly.
Nature Of Disposal: OTHER
Disposal Date: 16-09-2022