Date: 21-01-2019
Business: Adv. Desai for Plaintiff present.
None for Defendant.
On the oral request of the advocate for plaintiff,
Matter is adjd. to 05/03/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 05-03-2019
Date: 05-03-2019
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 03/05/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: Adv for plaintiff Mr.Yadav present
Matter is Adjd for Affidavit of Service to 23/07/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-07-2019
Date: 23-07-2019
Business: Adv Parkshit Desai for plaintiff.
None for defendant.
Adjd for service on 7/11/2019
Next Purpose: SERVICE
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Next Purpose: SERVICE
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: None present.
Adjd to 22.04.2020 for service
Next Purpose: SERVICE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: None present
Adjd to 21-06-2021
Next Purpose: SERVICE
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: SERVICE
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: Both the parties absent when called out.
Next Purpose: SERVICE
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv. Parikshit Desai for plaintiff present and filed affidavit of service with original writ of summons t.o.r. marked as Exh.2
Matter is adjd.to 06-09-2021 for ex-parte order.
Next Purpose: ORDER
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Advocate Parikshit Desai for plaintiff present.
None for Defendant when called out.
Matter is adjd.to 04-10-2021 for Ex-parte Order.
Next Purpose: ORDER
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Parikshit Desai for plaintiff present.
Adv. Ravina Yadav for defendant present and submitted that she needs some time for filing vakalatnama for the defendant. She prayed for two days time.
Adv. Parikshit Desai submitted that ex parte order was going to be passed and submission of Adv. Ravina Yadav cannot be considered.
Considering, submission of both sides, short date be given in the matter.
Matter is adjd.to 07-10-2021 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv. Parikshit Desai for plaintiff present.
Adv. Sheetal Chavan for defendant present and submitted that short adjournment may be granted for filing vakalatnama for the defendant.
On perusal of record, it appears that writ of summons is served upon the defendant on 07-12-2018 and thereafter, the defendant did not appear in the matter. Period of 120 days to file written statement expired on 07-04-2019. As per proviso to Rule 10 in Order 8 of the C.P.C., the Court cannot make an Order extending time provided under Rule 1 of this Order for filing of the written statement.
Considering, bailiff report on original writ of summons annexed with affidavit of service Exh. 2, no written statement order is passed against the defendant.
So far as question of appearance of the defendant is concerned, there is no legal bar to his appearance, but he has certain restrictions to play their role in the matter for want of written statement.
Matter is adjd.to 30-10-2021 for Evidence of the plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Adv. Parikshit Desai for plaintiff along with witness Jaideep Rajanikant Doshi present and filed evidence affidavit of witness Jaideep Rajanikant Doshi (affidavit is filed in list of documents) t.o.r. and marked as Exh.3
He also filed list of documents t.o.r. and marked as Exh. 4
Oath is administered to witness Jaideep Rajanikant Doshi . He stated on Oath that evidence affidavit Exh.3 bears his signature and contents therein are correct. He also proved documents filed with list Exh.4 and they are Exhibited as under -
Exh. 5 – True copy of resolution dtd. 05-01-2018.
Exh. 6 colly - Invoice No. BMS002344 dtd. 08-09-2015 and challan No. 4273 dtd. 28-08-2015.
Exh. 7 colly - Invoice No. BMS002360 dtd. 11-09-2015 and challan No. 04618 dtd. 11-09-2015.
Exh. 8 colly - Invoice No. BMS002430 dtd. 24-09-2015 and challan No. 04720 dtd. 13-09-2015.
Exh. 9 colly - Invoice No. MUM-1165 dtd. 01-10-2015 and challan No. 09498 dtd. 30-09-2015.
Exh. 10 - Invoice No. BMS002544 dtd. 03-10-2015
Exh. 11 colly - Invoice No. BMS002745 dtd. 27-10-2015 and challan No. 04567 dtd. 09-09-2015.
Exh. 12 colly - Invoice No. BMS002834 dtd. 04-11-2015 and challan No. 06165 dtd. 02-11-2015.
Exh. 13 colly - Invoice No. BMS00956 dtd. 25-11-2015 and challan No. 04565 dtd. 09-09-2015.
Exh. 14 colly - Invoice No. MUM-001344 dtd. 12-12-2015 and challan No. M-45 dtd. 11-12-2015.
Exh. 15 colly - Invoice No. BMS003203 dtd. 29-12-2015 and challan No. 07094 dtd. 09-12-2015.
Exh. 16 colly - Invoice No. BMS003204 dtd. 29-09-2015 and challan No. 07091 dtd. 09-12-2015.
Exh. 17 colly - Invoice No. MUM-001432 dtd. 11-01-2016 and challan No. M-150 dtd. 09-01-2016.
Exh. 18 colly - Invoice No. MUM - 1574 dtd. 09-03-2016 and challan No. M- 369 dtd. 06-03-2016.
Exh. 19 colly - Invoice No. MUM - 1649 dtd. 01-04-2016 and challan No. M- 443 dtd. 01-04-2016.
Exh. 20 - Invoice No. MUM - 1672 dtd. 15-04-2016
Exh. 21 colly – Office copy of notice dtd. 04-09-2017 with postal receipt and acknowledgment
Exh. 22 - Printout of letter dtd. 13-03-2019.
Exh. 23 colly – Office copy of notice dtd. 22-04-2019 with two postal receipt and two acknowledgment
Exh. 24 colly - Office copy of notice dtd. 16-05-2019 with postal receipt and acknowledgment
Exh. 25 colly - Office copy of notice dtd. 16-05-2019 with postal receipt and acknowledgment
Exh. 26 – Email dtd. 16-05-2019
Exh. 27 - Email dtd. 21-05-2019
Exh. 28 – Statement of Ledger account of the defendant
Exh. 29 - Affidavit u/s 65 B of The Evidence Act.
Exh. 30- Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 20-11-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv. Parikshit Desai alongwith plaintiff present.
Heard Ld. Adv. Parikshit Desai for plaintiff.
Matter is adjd.to 24-11-2021 for ex parte Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: None for plaintiff.
Adv. Akshay Mehta for defendant present and filed vakalatnama for defendant t.o.r. and marked as Exh.31
He prayed for short date for filing notice of motion to set aside no WS order- short date be given.
Matter is adjd.to 01-12-2021 for steps by the deft.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Parikshit Desai for plaintiff present.
Adv. Akshay Mehta for defendant present.
LO 1.40 pm
Adv. Akshay Mehta for defendant present and tendered draft
NM with supporting affidavit t.o.r. and Leave is granted to
register the NM.
Matter is adjd.to 07-01-2022for NM reply. (2.45pm)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: None for plaintiff.
Adv. Akshay Mehta for defendant present and filed original registered NM No. 3182/21with supporting affidavit t.o.r.
Matter is adjd.to 03-02-2022 for NM Reply(2.45pm)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 28-02-2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Saloni J. Shah for plaintiff present and prayed for adjournment - short date be given.
None for defendant
Matter is adjd.to 11-03-2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. Saloni Shah for plaintiff present and prayed for adjournment -short date be given.
None for defendant
Matter is adjd.to 21-03-2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv. Parikshit Desai for plaintiff present and filed affidavit in reply in NM No.3182/21.
None for defendant.
Matter is adjd.to 01-04-2022 for NM hearing (2.45pm).
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Adv. Parikshit Desai for plaintiff present.
None for defendant
The plaintiff has filed reply in NM No. 3182/21 on 21-03-2022. The defendant and his advocate are absent on previous date and even today. Hence, last chance is given for NM hearing.
Matter is adjd.to 18-04-2022 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv. Parikshit Desai for plaintiff present.
None for defendant
The defendant has filed NM NO. 3182/21, but he failed to argue the same. Last chance was given for NM Hearing on previous date. Adv. for the defendant is absent today. Hence, NM No. 3182/21 is dismissed in default. Proceeding of NM No. 3182/21 is closed.
Matter is adjd.to 28-04-2022 for ex parte argument.
11.00 am
Next Purpose: ARGUMENTS
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv. Parikshit Desai for plaintiff present.
Heard Adv. Parikshit Desai for plaintiff.
Matter is adjd.to 02-05-2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Adv. Saloni Shah for plaintiff present.
Exh.32. Ex-parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 750/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs. 34,23,846/- (Rupees Thirty-four Lakhs Twenty-three Thousand Eight Hundred Forty-six Only) to the plaintiff with further interest @ 12 % p.a. on principle amount of Rs. 21,41,251/- from the date of the suit till the date of realization within three months from the date of decree.
3. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly.
Judge
Nature Of Disposal: PARTLY DECREED
Disposal Date: 02-05-2022