Date: 23-02-2021
Business: Adv. Mr.Vyas for plaintiff present.
None present for defendant.
Adv. Mr.Vyas filed affidavit of service of summons, Exh.2. O-put up for order.
KB
LO
Plaintiff present.
Adv. Mr.Vyas for plaintiff present.
ORDER ON EXH.2
The plaintiff has filed affidavit of service of writ of summons issued to the defendants. The postal remark on the packet shows refused. The defendants are deemed to be served with the suit summons. They have not appeared in the suit. The suit to proceed ex-parte against defendant.
Matter adjd to 05.03.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv.Bafna for plaintiff present.
None present for defendant.
List of documents filed by Adv. of plaintiff t.o.r. O-filed.
KB
LO
Adv.Amey Patil for plaintiff present.
Heard Adv. for plaintiff. Ld. Adv. pressed for summary judgment in accordance with Order 37.
Matter adjd to 11.03.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv.Amey Patil a/w. Adv.Batha for plaintiff present.
None present for defendant.
Heard Adv.Mr.Amey Patil.
Matter adjd to 15.03.2021 for order.
LO
Adv.Amey Patil a/w. Adv.Batha for plaintiff present.
List a/w. judgments filed by Adv. of plaintiff, Exh.3 t.o.r.
O-filed.
Matter adjd to 15.03.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv.Bafna for plaintiff present.
None present for defendant.
Matter adjd to 16.03.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv.Vivek Sharma i/b. Vivek Kantawala and Co. for plaintiff present.
None for defendant.
F.R.S.R. the following order is passed
ORDER BELOW EXH.1
1. The learned Advocate for the plaintiff had orally submitted that the defendant though served with suit summons is absent and because of on default of his entering an appearance the allegations in the plaint are deemed to be admitted and in the light of Order 37 Rule(2) Sub-rule (3), the plaintiff is entitled to a decree.
2. It needs to be mentioned that the present suit is governed by the provisions of the Commercial Courts Act, 2015 and not under the provisions of Order 37 Rule(2) of the Code of Civil procedure.
3. It also needs to be mentioned that the summons were not issued in accordance with Appendix-B Form No.4 i.e. Summons in a summary suit or 4-A i.e. Summons for judgment in a summary suit.
4. The present proceedings as are not governed by the provisions of Order 37 Rule (2) of the CPC, the plaintiff is not entitled to resort to Order 37 Rule(2) Sub-rule(3) of the Code of Civil Procedure that on default of his entering an appearance the allegations in the plaint are to be deemed and admitted and the plaintiff is entitled to decree for any sum.
5. The prayer of the learned Advocate of plaintiff for judgment and decree for non appearance of the defendant in the suit in accordance with Order 37 Rule (2) sub-rule(3) cannot be considered.
The plaintiff to take appropriate steps provided by law.
Matter adjd to 25.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv.Jash Vyas for plaintiff present.
None present for defendant.
Affidavit of examination-in-chief, Exh.4 filed by Adv. of plaintiff t.o.r.
PW No.1- Smt.Sapna Sunil Pawar alias Sapna Prajapati resumed on S.A.
List of documents which is already filed is marked, Exh.5 today.
O-The documents filed with this list are exhibited formally. Its evidentiary value will be considered at the time of final hearing.
Statement of truth which is annexed to the plaint is marked Exh.6 today.
Original Partnership Agreement dated 15.08.2017, Exh.7
Original appointment letter dated 16.10.2017 addressed to one Javed Rahim Shaikh, Exh.8
Original appointment letter dated 16.10.2017 addressed to the Rahim Ali Shaikh, Exh.9.
Original appointment letter dated 16.10.2017 addressed to the plaintiff, Exh.10
Original appointment letter dated 16.10.2017 addressed to the one Atithi Devesh Mishra, Exh.11
Original appointment letter dated 16.10.2017 addressed to one Shekhar Vitthal Bhosle, Exh.12
Original cheque No.037458 dated 12.08.2017 amounting to Rs.20,00,000/-, Exh.13 colly.
Original cheque No.564765 dated 15.11.2017 amounting to Rs.10,00,000/-, Exh.14 colly.
Original cheque No.564764 dated 05.12.2017 amounting to Rs.8,00,000/-, Exh.15 colly.
Original cheque No.564763 dated 21.12.2017 amounting to Rs.7,00,000/-, Exh.16 colly.
Original Bank Memo of the cheque dated 15.11.2017 showing the reason Insufficient Funds, Exh.17.
Original Bank Memo of the cheque dated 05.12.2017 showing the reason Insufficient Funds, Exh.18.
Original Bank Memo of the cheque dated 21.12.2017 showing the reason Insufficient Funds, Exh.19.
Original written police complaint dated 26.12.2017, Exh.20
Original cheque No.769784 dated 31.03.2018 amounting to Rs.5,00,000/-, Exh.21.
Original Memorandum of Understanding dated 27.04.2018 entered into by the plaintiff and defendants. Exh.22.
Original cheque No.100015 dated 30.11.2018 amounting to Rs.5,00,000/- alongwith the Bank Memo showing the reason insufficient funds, Exh.23 colly.
Original cheque No.123725 dated 30.12.2018 amounting to Rs.5,00,000/- alongwith the copy of the Bank Memo showing the reason Insufficient Funds, Exh.24.
Original Legal Notice dated 11.06.2019 addressed by the advocates for the plaintiff to the defendants, Exh.25.
Original postal receipt bearing No.RM640777165IN, No.RM640777412IN and No.RM640777151IN dated 12.06.2019, Exh.26 colly.
Original registered A.D. Cards showing service of the legal notice upon defendant No.1, defendant No.2 and defendant No.3, Exh.27 colly.
Evidence closure pursis, Exh.28 filed by Adv. of plaintiff t.o.r.
O-filed.
KB for argument.
LO
Adv.Jash Vyas for plaintiff present.
Heard final argument of Adv. of plaintiff.
Matter adjd to 01.04.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Plaintiff absent
Defendant absent.
Adv.Bafna for plaintiff present.
Adv. for defendant absent.
Matter adjd to 3.4.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv.Bafna for plaintiff present.
None present for defendant.
Adv.of plaintiff filed list of dates and events, Exh.29 t.o.r.
The matter is posted for judgment today. Some clarifications are required from the plaintiff. Adv.Shanay Bafna informs that Adv.Vyas is not keeping well and he is to argue the clarifications. He request to keep the matter on 09.04.2021.
Matter adjd to 09.04.2021 for clarificatory argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Adv. Jash Yyas for plaintiff present.
None present for defendant.
Heard argument of Adv. Jash for plaintiff.
K.B. for Judgment.
L.O.
Judgment dictated in open Court.
F.R.S.R. following order is passed.
ORDER
1.Suit is decreed with costs.
2.The defendants are directed to pay to the plaintiff the amount of Rs.45,00,000/- (Rupees Forty Five Lakhs Only). The defendants are further directed to pay the interest at the rate of 10% per annum from the date of issuance of first cheque by the defendants i.e. 12.08.2017 on amount of Rs.45,00,000/- (Rupees Forty Five Lakhs Only) till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 09-04-2021