Date: 03-06-2019
Business: Matter called out (12.29 p.m.)
None present.
Issues summons to the defendant returnable on on 03/07/19.
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Business: Matter called out (12.24pm)
Plaintiff and advocate absent.
Defendant in person he is seeking time engage a lawyer.
Matter adj for written statement on 07/08/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: As P.O. is on Training
Matter adjd
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Plaintiff absent.
Defendant absent.
Adv. V.R.Ranadive for plaintiff present.
Adv. V.M.Panjabi for defendant present.
Advocate for defendant tender vakalatnama on behalf of def no. 1 and 2 .
In view of order dated 03.07.2019 the defendant appears in person and seeking time to engaged a lawyer. In that date he was executed writ of summons is not communicated by the plaintiff by filling affidavit in service. As per order 8 rule 1 of CPC. After execution of summons it is mandatory on the part of defendant to tender written statement within 30 days or if any special reason 90 days. However since 03.07.2019 to till today 30 days and 90 days are over. However, defendants failed to tender their written statement today Ld. Counsel for defendant simply tender vakalatnama without any written statement. No application for extension of time is filed @ vakalatnama. Under such circumstances there is no any other alternative in the hands of court except to pass following order.
ORDER
1) Suit is proceeded without written statement of defendants.
Matter adjd to 13.04.2020 for evidence on the side of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None present
Adjd to 06-03-2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: None present
Adjd to 04-08-2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: None present for both parties.
KB
LO
Matter is adjd to 17.09.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: None present for the parties.
KB
LO
None present.
Matter is adjd to 23.11.2021 R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv. Randive for the plaintiff present.
None for defendants.
Witness absent.
Matter is adjd. to 03/02/2022 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: The suit is posted for evidence of Parties and advocates are directed to attend proceeding on VC. As per office order No.07/22, dated 07/01/2022 of Hon\''ble City Civil Court.
Matter is Adjd. for R/E to 16-03-2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Pandey for plaintiff present.
None for defendant.
He requested time for filing evidence.
Matter is adjd. for filing evidence to 04-07-2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Both parties and their adv. absent when called out.
Kept for Dismissal Order.
Adjd to 30/07/2022 for Dismissal Order.
Next Purpose: DISMISSAL
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: As court is vacant.
Next Purpose: DISMISSAL
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: As court is vacant
Next Purpose: DISMISSAL
Next Hearing Date: 26-11-2022
Date: 26-11-2022
Business: As per Office Order No.229 of 2022 dt.31.10.2022, matter is adjourned to 10-12-2022.
Next Purpose: DISMISSAL
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: As court is vacant
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: As court is vacant
Next Purpose: DISMISSAL
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: As court is vacant.
Next Purpose: DISMISSAL
Next Hearing Date: 15-07-2023
Date: 15-07-2023
Business: Representative of plaintiff along with Adv.Deepak Pandey present, tendered affidavit of evidence along with list of documents TOR marked as Exh.4 and Exh.5 respectively.
None present for defendant.
Matter stands adjourned for Ex-parte evidence on 12-09-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: Adv.Deepak Pandey present for plaintiff. Seeking time. Time is granted.
None present for defendant.
Matter stands adjourned for Exhibiting of documents
on 06-11-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: P. O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: Representative of plaintiff present in person. Seeking time. Time is granted.
None present for defendant.
Matter stands adjourned for R/E on 27-03-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Representative of plaintiff alongwith Adv.Deepak Pandey present.
None present for defendant.
The following documents are exhibited under the list Exh.5.
The Document at Sr.No.1 is the board resolutions date 14.3.2016 TOR marked as Exh.6.
The Document at Sr.No.3 is the copy terms and conditions TOR marked as Exh.7-Colly.
The Document at Sr.No.4 is the is the copy of receipts TOR marked as Exh.8.
The Document at Sr.No.5 is the letter defendant dt 11.02.2016 TOR marked as Exh.9.
The Document at Sr.No.6 is the reply of plaintiff dt 18.02.2016 TOR marked as Exh.10.
The Document at Sr.No.7 is the letter of defendant dt 20.02.2016 TOR marked as Exh.11-Colly.
The Document at Sr.No.8 is the plaintiffs reply dt 22.02.2016 TOR marked as Exh.12.
The Document at Sr.No.9 is the copy of compliant dt 14.03.2016 TOR marked as Exh.13.
The Document at Sr.No.10 is the request for remittance dt. 12.05.2016 TOR marked as Exh.14.
The Document at Sr.No.11 is the bank statement TOR marked as Exh.15.
The Document at Sr.No.12 is the notice dated 27.05.2016 TOR marked as Exh.16.
The Document at Sr.No. 13 is the postal receipt and acknowledgment TOR marked as Exh.17.
Matter stands adjourned for R/E on 03-07-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: P. O. is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: As presiding office is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: Adv. Deepak Pandey present for plaintiff, tendered evidence closing pursis TOR marked as Exh.18.
None present for defendant.
Heard the counsel of plaintiff.
Matter stands adjourned for argument P.H. on 27-11-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: Adv. Deepak Pandey for plaintiff present. He is seeking time. Time granted.
None present for defendant.
Matter stands adjourned to 17.01.2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-01-2025
Date: 17-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-02-2025
Date: 11-02-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-03-2025
Date: 12-03-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-04-2025
Date: 25-04-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-06-2025
Date: 20-06-2025
Business: Adv. Deepak Pandey present for plaintiff and sought time to argue the matter.
None present for defendant.
Matter is adjourn for ARGUMENTS to 17-07-2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-07-2025
Date: 17-07-2025
Business: Authorized representative of Company Mr. Ajit Surve is present.
Adv. Deepak Pandey for plaintiff.
None for defendant.
Heard final arguments of ld. adv of plaintiff.
Matter stands adjourned for arguments to 28.07.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-07-2025
Date: 28-07-2025
Business: Adv. Dipak Pandey present for plaintiff.
None present for defendant.
Heard.
Exh.19 -Ex-parte Judgment.
FRSR following order is passed
ORDER
1.Suit No.1039 of 2019 is partly decreed with costs.
2.Defendants shall pay an amount of Rs.2,91,021/- (Rupees Two Lakhs Ninety One Thousand Twenty One Only) to plaintiff with interest at the rate of 7 percent p.a. from the date of filing of suit till its realization.
3.Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
Nature Of Disposal: PARTLY DECREED
Disposal Date: 28-07-2025
