Date: 22-08-2022
Date: 06-05-2023
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: Adv. Anil Gaikwad present for plaintiff.
He seeking adjournment.
Matter adjourned to 11.07.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: Wadia Enterprises, Through Kersasp R. Wadi Vs Milesahead Tech Pvt Ltd
Adv. Anil Gaikwad present for plaintiff.
He is seeking oral adjournment for effective service.
Plaintiff to take steps.
Matter adjourned to 16.09.2023for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: Wadia Enterprises, Vs Milesahead Tech Pvt Ltd
Today, Court Hall shifted from Third Floor to First Floor.
Advocate Clerk Riyaz present for plaintiff. His Counsel absent.
He is seeking oral adjournment for next date.
Matter adjourned to 24.11.2023 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2023
Date: 24-11-2023
Business: Wadia Enterprises V/s Miesahead Tech
All called, but absent.
Parties to take steps regarding service. Else, put for necessary order.
Case adjourned to 28.03.2024 for affidavit of service.
Later on at 13.00 Hrs.
Adv. Anil Gaikwad present for plaintiff.
Exh.3 - Affidavit of service filed by plaintiff.
Adv. Anil Kharatmol present for defendant.
Exh.4 - Vakilpatra filed by defendant.
Order- subject to limitation taken on record.
Written statement filed by defendant.
Order- subject to limitation.
Case adjourned to 28.03.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: Wadia Enterprises V/s Milesahead Tech.
Adv. Anil Gaikwad present for plaintiff.
Later on at 11.25 Hrs.
Adv. Anil Kharatmol present for defendant.
Suit adjourned to 29.04.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: Wadia Enterprises V/s Milesahead Tech
Plaintiff side called, but absent.
Adv. Anil Kharatmal present for defendant.
Parties to take steps.
Suit adjourned to 09.08.2024 for steps.
Later on at 12.25 Hrs.
Adv. Anil Gaikwad present for plaintiff.
Suit adjourned to 09.08.2024 for steps/ service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: Wadia Enterprises Vs Milesahead Tech Pvt Ltd
Adv. Anil Gaikwad present for plaintiff.
Plaintiff is making oral request to decree the Suit.
However, plaintiff has not filed any proper application.
Further, record shows that,on 24.11.2024, defendant has filed vakilpatra alongwith copy of Written Statement. However, as plaintiff has not filed affidavit of service, Court is unable to pass any order regarding status of defendant.
In that backdrop, oral request of plaintiff cannot be considered.
Suit adjourned to 21.10.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: Wadia Enterprises Vs Milesahead Tech Pvt Ltd
Adv. Jayesh Parkar present for plaintiff.
Defendant side called, but absent.
Exh.05- Application filed by plaintiff for no W.S. Order.
Perused roznama dt. 09.08.2024.
Defendant to file reply to Exh.05.
Parties are directed to e-file all their respective pleadings, documents in OCR compatibility.
Suit adjourned to 07.12.2024 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2024
Date: 07-12-2024
Business: Clerk of Adv for plaintiff Rajnandini present for plaintiff
None for defendant
Suit adjourned to 05.02.2025 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: Adv.Anil Gaikwad for plaintiff present.
The learned advocate appearing for the plaintiff seeks time to file S/J.
None present for defendant.
Suit adjourned to 27-03-2025 for necessary direction.
Judge
Next Purpose: FOR___________________
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: Adv. Anil Gaikwad for plaintiff present.
None present for defendant.
On the oral request of the adv for the plaintiff, matter stands Adj to 15-07-2025 for appropriate steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-07-2025
Date: 15-07-2025
Business: Adv. Anil Gaikwad for plaintiff present.
Kept back. Later on at 01.05 pm
Same appearance for plaintiff.
Plaintiff filed an application Exh.5 with a prayer to pass no written statement order. However, written statement is tendered on 24.11.2023 and at that time it was accepted subject to limitation. So it is to be seen whether written statement can be taken on record or not? and whether it is filed within limitation or not? for passing appropriate order on Exh.5 opportunity of being heard should be given to defendant. So it is directed that defendant may file reply on Exh.5 on next date. If defendant fail to file reply on Exh.5 then it will be heard and decided on merit.
Matter stands Adj to 16-09-2025 for reply on Exh.5.
Next Purpose: REPLY
Next Hearing Date: 16-09-2025
Date: 16-09-2025
Business: Adv. Anil Gaikwad for plaintiff present.
None present for defendant. Defendant though filed VP on 24.11.2023 not filed reply on Exh.5 till this date. Hence, Exh.5 will be heard without reply of defendant.
Order on Exh.5
Heard advocate for plaintiff. Perused record. As per service affidavit Exh.3 defendant served on 18.07.2023. Defendant appeared and filed Vakalatnama on 24.11.2023. Roznama reflect that advocate for defendant appeared before the court on 28.03.2024, 29.04.2024. Record reveal copy of written statement is annexed with VP Exh.4. However, VP is tendered on record after four months from the date of service of writ of summons. So Written Statement of defendant can not be taken on record as defendant never applied for condonation of delay. In such circumstances, there is no alternative but to pass no written statement against defendant. Hence, Exh.5 is allowed, suit shall proceed without written statement of defendant.
Matter stands Adj to 27-10-2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2025
Date: 27-10-2025
Business: Advocate for plaintiff absent.
Clerk of Advocate for plaintiff – Rajnandani Gaikwad is present.
Exh.6 Adjournment application filed by plaintiff.
O. Considering personal difficulty of advocate for plaintiff, adjournment granted.
Matter stands Adj to 07-11-2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2025
Date: 07-11-2025
Business: None present for plaintiff.
Plaintiff not filed evidence affidavit and not even bothered to apply for an adjournment. Hence, put up suit for dismissal order.
Matter stands Adj to 03-01-2026 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 03-01-2026
Date: 03-01-2026
Business: Adv. Anil Gaikwad for plaintiff present.
Exh.7 Application filed by plaintiff for removal of matter from the caption of dismissal. O- Heard. Ld. Advocate for plaintiff submit that short time may be granted and plaintiff will be filing evidence affidavit and compilation of documents on next date without fail. Submission is accepted and time is granted, Exh.7 is allowed.
Matter stands Adj to 05-02-2026 for filing evidence affidavit and compilation of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2026
Date: 05-02-2026
Business: Adv. Anil Gaikwad for plaintiff present.
PW-1 Kersasp Rustomji Wadia is present.
None present for defendant.
Exh.8 Affidavit in lieu of examination in chief filed by the plaintiff.
O. Read and recorded.
Exh.9 List of documents filed by the plaintiff.
O. Seen and filed.
Exh.10 Certificate u/s 65-B of Indian Evidence Act filed by plaintiff. O-Seen.
Kept back for further examination in chief and marking of documents. Later on at 03.35 pm
Same appearance for plaintiff.
PW-1 Kersasp Rustomji Wadia is present.
O. Oath administered.
Exh.11
:
Original Distributor Agreement
Exh.12
:
Statement of account and payment proofs ( page No.5 to 30 of Exh.9).
Exh.13
:
Emails approving manpower costs (Exhibited on the strength of Certificate u/s 65-B of Indian Evidence Act which is at Exh.10).
Exh.14
:
Termination Letter dt 01.08.2018
Exh.15
:
Acknowledgment by defendant.
Exh.16
:
Legal Notice dt. 26.05.2019.
Further examination in chief is recorded and completed.
None present for defendant. Hence, right of defendant to cross examine this witness stands forfeited.
Matter stands Adj to 13-03-2026 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2026
Date: 13-03-2026
Business: Clerk of advocate for plaintiff Ms. Rajnandini Gaikwad is present.
Exh.17 Evidence closure pursis filed by plaintiff.
Matter stands Adj to 27-04-2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2026
Date: 27-04-2026
Business: Adv. Anil Gaikwad for plaintiff present through VC.
Clerk of advocate for plaintiff Ms. Rajnandani Gaikwad is present in Court hall.
Exh.18 Written notes of argument tendered by clerk of advocate.
Matter stands Adj to 08-06-2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-06-2026
Date: 08-06-2026
Business: Clerk of advocate Ms. Rajnandani Gaikwad present and filed an application. TOR and marked as Exh.19.
O- Adjournment granted as a last chance.
Matter stands Adj to 19-06-2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-06-2026
Date: 19-06-2026
Business: Suit is ex-parte.
Adv. Anil Gaikwad for plaintiff present and advanced final argument.
Matter stands Adj to 22-06-2026 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 22-06-2026
Date: 22-06-2026
Business: None present for plaintiff.
Stenographer is on leave.
Matter stands Adj to 03-07-2026 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 03-07-2026
Date: 03-07-2026
Business: None present for plaintiff.
Exh.20 Judgment.
FRSR following order is passed
ORDER
1.
The Commercial Suit No.574 of 2022 is decreed with costs.
2.
The defendant is directed to pay to plaintiff an amount of Rs.7,30,946/- (Rs. Seven Lakhs Thirty Thousand Nine Hundred and Forty Six Only) with 14 percent p.a on principal amount of Rs.5,14,751/- from the date of filing of the suit till realization.
3.
The decree be drawn up accordingly.
4.
The R and P be sent to Record Department.
Nature Of Disposal: JUDGMENT
Disposal Date: 03-07-2026