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
He filed affidavit of Service with the remark that clerk of defendant signed on acknowledgement on the original writ of summons.
O-It appears defendant fail to appear in the suit. Therefore, suit has proceeded exparte against deft.
Matter is Adjd for Exparte Evidence to 23/07/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-07-2019
Date: 23-07-2019
Business: Adv Parkshit Desai for plaintiff present.
None for defendant.On oral request.Adjd for exparte evidence on 9/10/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. Anisha Balse for plaintiff present.
Adv. Aditya Vyas for defendant present. .
Adjd to 13/12/2019 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: None present for the both the parties.
Adj. For Evidence on 05/02/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: None present.
Adjd for ex-parte evidence to 03-04-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: P. O. is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: None present
Adjd to 22-07-2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Plaintiff present.
Adv. Parikshit Desai for plaintiff present.
Affidavit of service is already filed on record on 03-05-2019 and it is exhibited today as Exh. 2
He filed evidence affidavit of witness – Jaideep Doshi t.o. r. and marked as Exh.3
Adv. for plaintiff filed list of documents t.o.r. marked as Exh.4 (Exh. 3 is shown at Sr. no. 1 in Exh. 4).
Witness Jaideep Doshi verified contents as well as his signatures on evidence affidavit Exh. 3 and admitted the same to be true and correct. Witness Jaideep Doshi proved documents filed with list Exh. 4 as under :-
Exh. 5 – Resolution dtd. 05-01-2018.
Exh. 6 colly – Invoices Sr. No. 3 to 55 in list colly.
Exh. 7 colly – Credit Notes Sr. No. 56 to 107 in list colly.
Exh. 8 colly – Letters Sr. No. 108 to 121 in list colly.
Exh. 9 colly – Emails Sr. No. 122 to 123 in list colly.
Exh. 10 – Statement of accounts of the defendant / Ledger account
Exh. 11 – affidavit alongwith certificate u/sec. 65B of The Evidence Act.
Matter is adjd.to 07-09-2021 for (ex-parte) evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. Anisha Balse for plaintiff present and filed Adv. Certificate t.o.r. and marked as Exh. 12
Adv. for plaintiff filed list of witness. t.o.r. and marked as Exh. 13
Adv. for plaintiff filed evidence closed pursis t.o.r. marked as Exh. 14
Matter is adjd.to 18-09-2021 for Ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Adv. Parikshit Desai for plaintiff present.
Heard argument of Ld. Adv. Parikshit Desai for plaintiff.
Matter is adjd.to 24-09-2021 for ex parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Court is on leave
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Parikshit Desai for plaintiff present.
Court busy in hearing argument in Com Su. 64/21 in NM No. 902/20
Matter adjd. to 01-10-2021 for ex parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: None for plaintiff.
Exh. 15 – Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 751/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs. 16,35,939/- (Rupees Sixteen Lakhs Thirty-five Thousand Nine Hundred Thirty-nine Only)to the plaintiff within three months from the date of decree.
3. The defendant is further directed to pay interest @ 18% p.a. on the amount of Rs. 16,35,939/- to the plaintiff on expiry of 15 days from the dates of invoices (Exh. 6 colly.) till the date of filing of the suit.
4. The plaintiff shall bear his own costs.
5. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 01-10-2021