Date: 14-11-2022
Business: As court is vacant.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: The Court is Vacant.
Hence, The Matter is adjourned.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Matter pertains to C.R. No. 14.
Adv. Muazma Ansari for plaintiff is present.
None for defendant.
Issue E-writ of summons as well as RPAD.
Ld adv for plaintiff filed application for issuance of fresh writ of summon to the defendant no.1 and 2 at new address t.o.r. O- Issue fresh writ of summons to defendants as new address.
Exh.03 - Ld Adv for plaintiff filed affidavit of service t.o.r. O- Seen.
As per affidavit of service of writ of summons is not served to the defendants.
Case is adjourned for affidavit of service to 27-02-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Matter pertains to C.R. No.14.
Adv Muazama Ansari for plaintiff present.
None for defendant.
Exh-4 Plaintiff filed affidavit of service. O- Seen.
Writ of summons is unserved.
Exh-5 Application filed by plaintiff for issuing writ of summons to paper publication. O- Heard. It appears that defendant is avoiding service of writ of summon. Hence summons be served to defendant through paper publication in daily newspaper as prayed.
Exh-6 Plaintiff filed affidavit in support of application. O- Filed.
Case is adjourned on 15.04.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Court is vacant. Hence, matter is adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Matter pertain to C.R. No.14
Adv. Moazna Ansari present for plaintiff.
None present for defendant.
Exh.7- Application by plaintiff for extension of time to serve the writ of summons.
Matter adjourned to 30.08.2023 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-08-2023
Date: 30-08-2023
Business: Matter received from C.R.14.
Adv. Muazzama Ansari for plaintiff is present.
Exh-8 Affidavit of service alongwith copies newspaper publications in English language and Bengali Language.
Matter is adj for Ex-parte order to 04/10/2023.
Next Purpose: ORDER
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Court is on leave. Hence adj.to
Next Purpose: ORDER
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: None present.
O- As per service affidavit at Exh. 8 the writ of summons is served upon the defendants through newspaper publication dt.13.07.2023 and 21.08.2023. None appearance for def. till today hence, matter to proceed ex-parte.
Matter is adj. for ex-parte evidence to 24/01/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: None present.
KB
LO at 11.53 pm
Adv Muazzama Ansari for plaintiff present.
On oral request, matter stands Adj for filing Ex-parte evidence on 16/02/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: P.O. is on leave. Matter adjd. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: P. O. is on Leave in First Session
Adv Priti Das for plaintiff present.
Matter stands Adj for Ex-parte Evidence on 08/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: Adv Nilesh Das for plaintiff present.
PW 01 Kumar Motumal Gurnani present.
Ld. Adv for plaintiff filed affidavit of evidence of PW 01. t.o.r. marked as Exh. 09. O- R and R.
He also filed list of documents. t.o.r. marked as Exh. 10.
O- Seen.
Oath administered to the witness.
He admits the contents of affidavit of evidence as true and correct. It bears his signature.
Heard Ld. Adv for plaintiff on marking of documents.
Document at Sr. no. 1 is Certified true extract of Board Resolution dated 10/04/2016 marked as Exh. 11.
Document at Sr. no. 2 is Ledger account along with certificate u/s 65 of Evidence Act marked as Exh. 12 collectively.
Document at Sr. no. 3 are 07 office copies of tax invoice and 01 debit note along with certificate u/s 65 of Evidence Act marked as Exh. 13 collectively.
Document at Sr. no. 4 are 02 duly acknowledged delivery challans along with certificate u/s 65 of Evidence Act marked as Exh. 14 collectively.
Document at Sr. no. 5 are 06 Original cheques marked as Exh. 15 collectively.
Document at Sr. no. 6 are 06 Original memo marked as Exh. 16 collectively.
Document at Sr. no. 7 is copy of website of Ministry of Corporate Affairs with respect to defendant no. 1 and 2 along with certificate u/s 65 of Evidence Act marked as Exh. 17 collectively.
Document at Sr. no. 8 is an Original Memorandum of Understanding dated 29/06/2017 marked as Exh. 18.
Document at Sr. no. 9 are 09 Original cheques marked as Exh. 19 collectively.
Document at Sr. no. 10 are 09 Original memo marked as Exh. 20 collectively.
Document at Sr. no. 11 is an Office ocpy of notice dated 23/02/2019 marked as Exh. 21.
Document at Sr. no. 12 are 06 Original Postal Receipts marked as Exh. 22 collectively.
Document at Sr. no. 13 are 06 Returned Postal Packets marked as Exh. 23 collectively.
Ld. Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 24. O- Seen.
Matter stands Adj for Arguments on 03/05/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: None present for plaintiff.
Matter stands Adj for Arguments on 10/05/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-05-2024
Date: 10-05-2024
Business: None present for plaintiff.
KB
LO at 1.21 pm
Adv Muazzama Ansari for plaintiff present.
Heard.
Exh 25 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No. 717 of 2022 is partly decreed with Costs.
2. Defendants do pay jointly and severally an amount of Rs.16,71,597/- with further interest @ 9 percent per annum from the date of its due till its full realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No.717 of 2022 disposed of accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 10-05-2024
