Date: 22-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.30 pm
Adv.Priyansh Shah i/b.Equity Legal for plaintiff present.
The Ld. Adv.for the plaintiff submits that summons are not yet served on the defendant and the case is pending for 1st order in that regard. He requested to issue summons under Order 37. Hence the order -
ORDER
Issue summons of the suit as per Order 37, Rule 2, Sub Rule 2 in Form No.4 in Appendix B.
Matter adjd to 24.09.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv.Priyansh Shah i/b.Equity Legal for plaintiff present.
None present for defendant.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
Matter adjd to 26.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.35 p.m.
Adv. Priyank Shah for plaintiff present.
KB for filing service affidavit.
LO at 4.00 p.m.
Adv.Priyank Shah for plaintiff present. He filed affidavit of service t.o.r. marked as Exh.05 alongwith original writ of summons.
ORDER
Read the service affidavit and postal endorsement on the envelope.
The defendant has refused to accept the service. Hence, it is deemed as served on the defendant. The summons is refused on 22.09.2021. The defendant\''s time for appearance expired on 12.10.2021. Hence, the defendant has failed to appear.
Hence, suit to proceed ex-parte against the defendant.
Matter adjd to 24.11.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.42 pm,
Adv.Priyank Shah i/b. Equity Legal for plaintiff present. On oral request of plaintiff adjd for ex-parte evidence on 16.12.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv.Priyank Shah for plaintiff present.
None present for defendant.
On oral request of the plaintiff matter is adjd to 14.01.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 11.02.2022 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 11.03.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv.Arif Sayyed i/b.Equity Legal for plaintiff present.
None present for defendant.
KB
LO at12.50 pm,
Mr.Shiratan Sharma-Plaintiff present.
The plaintiff filed application for adjournment t.o.r. and marked as Exh.6 O-Since 24.11.2021 suit is for evidence, hence, last chance is granted, in default, necessary orders including dismissal of suit shall follow.
Matter adjd to 11.04.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv.Priyansh Shah i/b.Equity Legal for plaintiff present.
None present for defendant.
KB
LO at 12.55 pm,
Adv.Priyansh Shah i/b.Equity Legal for plaintiff present.
The plaintiff filed affidavit of evidence of Mr.Shivratan Sharma (PW-1) t.o.r. and marked as Exh.7. It is read and recorded.
The plaintiff filed list of documents t.o.r. and marked as Exh.8.
Matter adjd to 29.04.2022 for marking of documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: court is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: None present for both parties.
K.B. L.O. at 12.30 p.m.
Adv Priyank Shah for plff present.
None present for deft.
Heard Adv.of plaintiff on the point of exhibiting of documents. As the suit is ex-parte, no argument of defendant. The following order is passed on exhibiting of documents. documents filed with list Exh.8 which are referred in chief examination are marked exhibits as under.Ledger statements of defendants for financial year 2014-15, bearing the signature of the defend ant Mr. Mohan Sutar.Original cheque dt.01.11.2016 bearing No.484478 drawn on Bank of India, Dadar Branch, Mumbai together with Original Bankers Memo.Original cheque dt.01.11.2016 bearing No.484479 drawn on Bank of India, Dadar Branch, Mumbai together with Original Bankers Memo. Cheque dt.01.11.2016 bearing No.484480 drawn on Bank of India, Dadar Branch, Mumbai together with Original Bankers Memo.Original packet containing legal notice dt.25.11.2016 together with the office copy of the legal notice 25.11.2016 addressed to the defendants.Bank Statement duly certified by the Kotak Mahindra Bank Ltd., Crawford Market Branch thereby evidencing the credit entry of Rs.30,000/- towards cheque No.484482 dt.30.12.2016 issued by the defendants. Bank Statement duly certified by the Kotak Mahindraf Bank Ltd., Crawford Market Branch thereby evidencing the credit entry of Rs.30,000/- towards cheque No.484487 dt.07.02.2017 issued by the defendants.Original packet containing legal notice dt.03.07.2018 with remarks Closed together with the office copy of the legal notice.
Original packet containing legal notice dt.03.07.2018 with remarks Person Shifted alongwith the booking receipt issued by Vichare Courier.
Office copy of outstanding Invoices which bears the signature of the Mr.Mohan Sutar, the Proprietor of the Defendant firm.
Suit is ex-parte, hence, no cross.
Matter adjd to 05.07.2022 for further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: None present.
KB Lo 12.25 pm.
Adv. Priyank Shah Present for Plff.
None Present for Deft.
Ex.19. adv of plff filed evidence closure pursis. t.o.r.
Adj. for argument on 07/07/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Priyank Shah Present for Plff.
None Present for Deft.
Heard argument of adv of plff.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.2,16,566/- with interest @ 18% p.a. from the date of suit till realization of the said amount.
3. Defendant is directed to pay the plaintiff pre suit accrued interest of Rs.1,84,135/-
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 07-07-2022