Date: 01-12-2020
Business: By preceipe
Adv. S.K.Mishra for plaintiff present.
Advocate for plaintiff tender application for hand delivery of envelope for service upon the defendant - Allowed.
Matter already adjd to 15.12.2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv.S.K.Mishra for plaintiff present.
Adv.for plaintiff tender original writ of summons as per endorsement over it. Writ of summons is served to the son of defendant proper service- defendant absent.
None for defendant.
Adjd to 25.01.2021 for Ex-parte order.
Next Purpose: ORDER
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Adv.Mr.S.K.Mishra for plaintiff present.
None present for defendant.
Matter adjd to 30.01.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Adv.Mr.S.K.Mishra for plaintiff present.
None present for defendant.
Vide order dated 15.12.2020 this Court has ordered that the writ of summons is served on the son of defendant and his proper service. The defendant has not appeared in the suit. Suit to proceed ex-parte against him.
Matter adjd to 15.02.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. S.K. Mishra for plaintiff present.
Adv.for defendant absent.
Adv. for plaintiff filed Affidavit of evidence Exh. 3
Adv. for plaintiff filed Affidavit Exh. 4
Adv. for plaintiff filed list of Documents Exh. 5
Matter adjd to 22/02/202021 for filing statement of Truth
Next Purpose: FOR___________________
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv.S.K. Mishra for plaintiff present.
None present for defendant.
Statement of truth, Exh.6 filed by Adv. of plaintiff t.o.r. O-filed.
PW No.1-Vishal Kanta Prasad Gupta.
ORDER BELOW EXH.5
Documents Sr. No.1 to 4 with this list are exhibited formally. Its evidentiary value will be considered at the time of final argument.
Original ledger accounts year F.Y.2016-2017, Exh.7 colly.
Original two dishonored cheques and bank return memo/bank statement, Exh.8 colly.
Original advocate\''s demand notice dated 06.03.2020, Exh.9 colly.
Original invoices/bills/ L.R. copy of transport, Exh.10 colly.
Evidence closure pursis filed by Adv. of plaintiff, Exh.11 t.o.r.
Matter adjd to 02.03.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv.S.K. Mishra for plaintiff present.
None present for defendant.
Heard Adv. of plaintiff.
Matter adjd to 06.03.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 08.03.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Plaintiff present.
Adv.S.K. Mishra for plaintiff present.
None present for defendant.
Heard Ld.Adv. for the plaintiff on the question of limitation. He seeks time to file case laws on limitations on extension of period of limitation. Put up on 12.03.2021 for clarificatory argument/judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv.S.K. Mishra for plaintiff present.
None present for defendant.
Heard further argument.
Ld.Adv. tendered two judgments.
Matter adjd to 15.03.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv.Mr.S.K. Mishra for plaintiff present.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1.Suit is decreed with costs.
2.The defendant is directed to pay to the plaintiff a sum of Rs.16,54,181/-(Rupees Sixteen Lakhs Fifty Four Thousand One Hundred Eighty One Only).
3. The defendant is further directed to pay to the plaintiff the interest at the rate of 18 percent per annum on the principal amount of Rs.8,86,385.00/- (Rupees Eight Lakhs Eighty Six Thousand Three Hundred Eighty Five Only) from the date of filing of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 15-03-2021