Date: 03-04-2021
Business: Adv. Ms. Ankita Sharma for plaintiff, prayed for extension for writ/sum- granted.
None for defendant.
Matter is adjd.to 05.07.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Adv. Mittal Vira for plaintiff present and filed service affidavit regarding service on defendant no. 1 t.o.r. and marked as Exh. 2
Adv. for Plaintiff also filed service affidavit with two closed RPAD envelops regarding service on defendant no. 2 and 3 t.o.r. marked as Exh. 3
On perusal fo Exh. 2, it appears that defendant no. 1 received the writ of summons sent through RPAD and track report of postal authority is confirming delivery.
Exh. 3 shows that defendants no. 2 and 3 refused to receive RPAD envelope.
Considering Exh. 2 and 3, the matter is adjourned for (ex-parte) order.
Matter is adjd.to 09-09-2021 for (ex-parte) order.
Next Purpose: ORDER
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. Ms. Mital Vira for the plaintiff.
As mentioned in roznama dated 09/08/2021, defendants no.1 to 3 are duly served as per Exh.2 and 3, but they failed to appear. Hence, suit to proceed ex-parte against defendants no.1 to 3.
Matter is adjd.to 04.10.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Paras Vira for plaintiff present.
Matter is adjd.to 30-10-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Adv. Paras N. Vira for plaintiff present.
Matter is adjd.to 20-11 -2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv. Mayur Sonawane h/f Paras Vira for plaintiff present and prayed for adjournment – granted.
Matter is adjd.to 16-12-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Adv. Paras Vira for plaintiff present.
Matter is adjd.to 21-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: Adv. Mayur Sonawane h/f Paras Vira for plaintiff along with witness Sanjay Rajinder Kumar Beri present and filed evidence affidavit of witness Sanjay Rajinder Kumar Beri t.o.r. and marked as Exh.4
He also filed list of documents t.o.r. and marked as Exh.5
Oath is administered to witness Sanjay Rajinder Kumar Beri. He stated on Oath that evidence affidavit Exh.4 bears his signature and contents therein are correct. He also proved documents filed with list Exh.5 and they are Exhibited as under -
Exh. 6 – Board resolution dtd. 09-03-2021.
Exh. 7 – Original invoice dtd. 22-02-2017.
Exh. 8 – Copy of email dtd. 13-10-2017.
Exh. 9 – Demand notice dtd. 20-01-2018.
Exh. 10 colly – Postal receipts dtd. 22-01-2018.
Exh. 11 – Postal articles tracking report
Matter is adjd.to 08-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv. Paras Vira alongwith witness Sanjay Rajinder Kumar Beri for plaintiff present and filed Evidence close pursis t.o.r. and marked as Exh.12.
Matter is adjd.to 22-03-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Adv. Paras Vira for plaintiff present.
Heard Ld. Adv. Paras Vira for plaintiff present
Exh. 13- Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 80/2021 is partly decreed.
2. Defendant no. 1 is directed to pay amount of Rs. 8,63,760/- (Rupees Eight Lakhs Sixty-three Thousand Seven Hundred Sixty Only )to the plaintiff with further interest @ 12 percent p.a. on principal amount of Rs. 5,10,000/- from the date of suit till the date of realization within three months from the date of decree.
3. Defendant no. 1 shall bear the costs of the suit.
4. Decree be drawn up accordingly
Nature Of Disposal: OTHER
Disposal Date: 22-03-2022