Date: 23-04-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Adv. Kapadia for plaintiff.
Adv. Bhat for deft. Present.
Reply to SJ filed by adv. for deft.
Copy already served to plaintiff.
Adjd. for rejoinder to 15.11.2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. Kapadia for plaintiff present.
Adjd. to 23.01.2020 for rejoinder.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Adv. Kapadia for plaintiff.
Adjd to 27.01.2020 for SJ Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. kothari for plaintiff\''.
Adv. Nigant Bhat for defendant.
On the request of plaintiff Adjd for filing rejoinder to 13-04-2020
Next Purpose: REJOINDER
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REJOINDER
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REJOINDER
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv Ambekar for plaintiff present.
None for defendant.
Advocate for plaintiff filed registered SJ 112/2019 @ affidavit.
Matter Adjd to 10-03-2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Doshi for plaintiff
Adv. Nidhi for defendant filed Pursis for discharge of the advocate. -Exh.8 Copies of the notice of intimation of discharge/withdrawl from the matter is given to the defendant alongwith the copies of postal receipt and acknowledgment card show that intimation regarding withdrawl has been duly given to the defendant. The advocate complied the requisites for withdrawl. Hence, the withdrawl is permitted and the advocate I.V.Merchant and co. on record representing the defendant is discharged.
Adjd on the request of plaintiff for rejoinder to 07-06-2021
Next Purpose: REJOINDER
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REJOINDER
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As per office order dated 12/10/2021
Next Purpose: REJOINDER
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Dishant Joshi for present for plaintiff.
None for deff.
Matter is adjd. for filling rejoinder to 18/01/22.
Next Purpose: REJOINDER
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to 06-04-2022 for Rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Advocate Mr. Deeshank Doshi for plaintiff present.
None for defendant.
He filed rejoinder to SJ 112/2019 and also filed affidavit service of SJ. TOR
Matter is adjd. for hearing to 27-06-2022.
Next Purpose: HEARING
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Adv. D.S. Doshi I/by Thakore Jariwala and associates for Plaintiff present
None present for defendant.
Adjd to 23/08/2022 for hearing on S.J
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: As court is vacant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: As court is vacant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: None present.
KB.
L.O. at 3.12 PM.
Adv.Kunal Parekh present for plaintiff.
None present for defendant.
Heard Advocate for plaintiff.
Advocate for plaintiff is directed to tender the original document rely upon hence, put up for argument of defendant.
Matter stands adjourned for SJ hearing P.H. on 29-08-2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: None present.
Matter stands adjourned for argument P.H. on 26-09-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Adv.Jash Gandhi present for plaintiff.
None present for defendant.
KB
L.O. at 3.05 pm.
Adv. Shailesh Prajapati present for plaintiff. Seeking time to file 65B certificate. Time is granted.
Matter stands adjourned for Argument P.H. on 29-11-2023.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: P. O. is on Leave.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Business: None present.
KB.
L.O.at 2.15 pm.
Adv. Chittesh Dalmia present for plaintiff, tendered claim affidavit along with compilation of documents TOR marked as Exh.9 and Exh.10.
Matter stands adjourned for marking of documents on 23-02-2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-02-2024
Date: 23-02-2024
Business: None present.
KB.
L.O. at 4.00 pm.
Adv. Jash Gandhi i/b Dua Associates present for plaintiff.
None present for defendant.
Matter stands adjourned for exhibiting of documents on 10-04-2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-04-2024
Date: 10-04-2024
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: None present.
Kept back.
Later on called out at 12.47 p.m.
Adv. Ganesh Ambekar for plaintiff present.
None present for defendant.
Heard advocate for plaintiff.
The following documents are exhibited under the list Exh.10.
The Document at Sr.No.27 is the original certificate under Section 65B of the Indian Evidence Act, 1872 TOR marked as Exh.11.
The Document at Sr.No.1 is the copy of the Board Resolution dated 09th August 2021 TOR marked as Exh.12.
The Document at Sr.No.2 is the copy computer generated release order dated 24th August 2016 TOR marked as Exh.13.
The Document at Sr.No.3 is the copy computer generated release order dated 23rd September 2016 TOR marked as Exh.14.
The Document at Sr.No.4 is the copy computer generated release order dated 13th August 2016 TOR marked as Exh.15.
The Document at Sr.No.5 is the copy computer generated release order dated 13th August 2016 TOR marked as Exh.16.
The Document at Sr.No.6 is the copy computer generated release order dated 24 October 2016 TOR marked as Exh.17.
The Document at Sr.No.7 is the copy computer generated release order dated 19th December 2016 TOR marked as Exh.18.
The Document at Sr.No.8 is the copy computer generated release order dated 25th January 2017 TOR marked as Exh.19.
The Document at Sr.No.9 is the copy computer generated release order dated 24th January 2017 TOR marked as Exh.20.
The Document at Sr.No.10 is the copy computer generated release order dated 25th January 2017 TOR marked as Exh.21.
The Document at Sr.No.11 is the copy computer generated release order dated 25th January 2017 TOR marked as Exh.22.
The Document at Sr.No.12 is the copy computer generated release order dated 25th January 2017 TOR marked as Exh.23.
The Document at Sr.No.13 is the copy computer generated release order dated 25th January 2017 TOR marked as Exh.24.
The Document at Sr.No.14 is the copy computer generated invoice bearing No.AD/16-17/1204 TOR marked as Exh.25.
The Document at Sr.No.15 is the copy computer generated invoice bearing No.AD/16-17/1248 TOR marked as Exh.26.
The Document at Sr.No.16 is the copy computer generated invoice bearing No.AD/16-17/1298 TOR marked as Exh.27.
The Document at Sr.No.17 is the copy computer generated invoice bearing No.AD/16-17/1680 TOR marked as Exh.28.
The Document at Sr.No.18 is the copy computer generated invoice bearing No.AD/16-17/2073 TOR marked as Exh.29.
The Document at Sr.No.19 is the copy computer generated invoice bearing No.AD/16-17/2350 TOR marked as Exh.30.
The Document at Sr.No.20 is the copy computer generated invoice bearing No.AD/16-17/0341 TOR marked as Exh.31.
The Document at Sr.No.21 is the copy computer generated invoice bearing No.AD/16-17/2531 TOR marked as Exh.32.
The Document at Sr.No.22 is the copy computer generated invoice bearing No.DG/16-17/0372 TOR marked as Exh.33.
The Document at Sr.No.23 is the copy computer generated invoice bearing No.DG/16-17/0487 TOR marked as Exh.34.
The Document at Sr.No.24 is the copy computer generated invoice bearing No.DG/17-18/0065 TOR marked as Exh.35.
The Document at Sr.No.25 is the copy computer generated invoice bearing No.DG/17-18/0104 TOR marked as Exh.36.
The Document at Sr.No.26 is the office copy of the legal notice dated 01/09/2017 together with acknowledgment card TOR marked as Exh.37-Colly.
Matter stands adjourned to 18.07.2024 for Ex-parte Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-07-2024
Date: 18-07-2024
Business: Adv. Ganesh Ambekar a/w Sangita Upadhyay present for plaintiff.
None present for defendant.
Heard the counsel of plaintiff on Summons for Judgment No.112/2019.
Plaintiff is directed to submit the readable copies/print of the release orders.
Matter stands adjourned for Summons for Judgment hearing
on 29-08-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-08-2024
Date: 29-08-2024
Business: Adv. Ganesh Ambekar a/w Sangita Upadhyay i/b Dua Associates present for plaintiff, tendered additional document TOR marked as Exh.38.
None present for defendant.
Heard the argument of plaintiff.
Matter stands adjourned for argument on 02-09-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: None present.
F.R.S.R. following order is passed-
ORDER
1.Summons for Judgment No.112 of 2019 in Summary Suit No.1475 of 2017, is hereby made absolute.
2.Summary Suit No.1475 of 2017, is hereby partly decreed with costs.
3.Plaintiff is entitled to recover an amount of Rs.42,22,793/- alongwith interest at the rate of 9 percent per annum from the date of default of each invoice i.e. after expiry of 30 days from the date of each invoice, till its full realisation from the defendant.
Sr. No.
Invoice No.
Invoice Date
Amount
(Rs.)
1
AD/16-17/1204
30/09/2016
4,25,000/-
2
AD/16-17/1248
15/10/2016
4,25,034/-
3
AD/16-17/1298
15/10/2016
4,69,625/-
4
AD/16-17/1680
15/11/2016
4,69,625/-
5
AD/16-17/2073
29/12/2016
5,03,073/-
6
AD/16-17/2350
16/01/2017
2,12,543/-
7
DG/16-17/0341
31/01/2017
28,750/-
8
AD/16-17/2531
15/02/2017
2,12,543/-
9
DG/16-17/0372
28/02/2017
7,38,300/-
10
DG/16-17/0487
31/03/2017
5,75,000/-
11
DG/17-18/0065
31/05/2017
6,275/-
12
DG/17-18/0104
31/05/2017
1,57,025/-
Total
42,22,793/-
4.Court fees, if any, be refunded as per rule.
5.Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
Nature Of Disposal: ALLOWED
Disposal Date: 02-09-2024