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 Representative of defendant has accepted 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: Court is busy recording evidence Suit No.6900 of 2005 and Suit No.7247 of 2004.
None present.
Matter is adj to 08/01/20 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Matter is called out at 11.41am
None present.
Matter is adj to 15/04/2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: None for plaintiff.
None for defendants.
Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the parties.
Adjd to 14.06.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 28.06.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 12.07.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021. Hence, Matter is adjd to 10.08.2021 for ex-parte hearing.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv.Parikshit Desai for plaintiff present.
None present for defendant.
Witness Nytalchand Baurabhai Rupani, PW-1 present. He tendered affidavit of evidence a/w. documents. Affidavit of evidence is read and recorded and marked at Exh.5.
KB
LO at 01.19 pm
Same appearance.
Order on Evidence Affidavit regarding exhibition of documents.
Heard the plaintiff. Defendant absent. Suit is ex-parte.
The document at Sr. No.2, Exh-A is the original invoice No.S000182 dated 28.01.2016 and Challan No.485, 627, 648 dated 27.01.2016 (page No.13 to 16). It is at Article-X1 (Colly.).
The document at Sr. No.3, Exh.A-1 original invoice dated 20.09.2016 and challans dated 09.02.2016 (page No.17 to 19). It is at Article-X2 (Colly.).
The document at Sr. No.4, Exh.A-2 original invoice No.543 dated 07.03.2016 and challan No.1223 dated 20.02.2016 (page No.20 and 21). It is at Article-X3 (Colly.).
The document at Sr. No.5, Exh.A-3 original invoice No.548 dated 08.03.2016 and challan No.840 dated 09.02.2016 (page No.22 and 23). It is at Article-X4 (Colly.).
The document at Sr. No.6, Exh.A-4 original invoice No.646 dated 15.03.2016 and challan No.853 dated 09.02.2016 (page No.24 to 26). It is at Article-X5 (Colly.).
The document at Sr. No.7, Exh.A-5 original invoice No.770 dated 26.03.2016 and challan No.845 dated 09.02.2016 (page No.27 to 29). It is at Article-X6 (Colly.).
The document at Sr. No.8, Exh.A-6 original invoice No.1034 dated 18.04.2016, challan No.1181 dated 19.02.2016 and challan No.1224 dated 20.02.2016 (page No.30 to 33). It is at Article-X7 (Colly.).
The document at Sr. No.9, Exh.A-7 original invoice No.1090 dated 21.04.2016 and challan No.847 dated 21.04.2016 (page No.34 to 36). It is at Article-X8 (Colly.).
The document at Sr. No.10, Exh.B, office copy of notice dated 04.09.2017 alongwith RPAD card. It is at Exh.6.
The document at Sr. No.11, Exh.C, office copy of letter dated 22.04.2019 alongwith postal receipts and acknowledgment card (page Nos.41 to 43). It is at Exh.7 (colly).
The document at Sr. No.12, Exh.D, copy of letter dated 16.05.2019 alongwith postal receipts and acknowledgment card (page nos.44 to 45). It is at Exh.8 (colly).
The document at Sr. No.13, Exh.E, copy of letter dated 16.05.2019 alongwith postal receipt and acknowledgment card (page nos.46 and 47). It is at Exh.9 (colly).
The document at Sr. No.14, Exh.F, email dated 16.05.2019 (page nos.48 and 49) certificate of 65B is at page No.54. It is at Exh.10. (page No.48)
The document at Sr. No.15, Exh.G, email dated 21.05.2019 (page nos.50 to 52), certificate of 65B is at page No.54. It is at Exh.11 (colly).
The document at Sr. No.16, Exh.H, statement of accounts of defendants ledger (page nos.53). It is at Article-X9 (colly).
The document at Sr. No.17, Exh.I, affidavit and certificate U/S.65B (page no.54, 56). It is at Exh.12.
Suit is ex-parte, hence, no cross.
Matter adjd to 25.08.2021 for R/E (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Plaintiff present. His Adv.absent.
None present for defendant.
KB
LO at 11.55 am
Adv.Parikshit Desai for the plaintiff present.
The plaintiff wants to file NM for permission to lead additional evidence.
Matter adjd to 30.08.2021 for ex-parte evidence.
Judge
LO at 03.12 pm
Adv.Sheetal Chavan h/f.Ashok Purohit and Co. present and undertakes to file vakalatnama for defendant on next date.
Matter adjd to 30.08.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.55 am
Adv.Parikshit Desai for plaintiff present.
The plaintiff tendered draft notice of motion a/w. affidavit in support for permission to lead additional evidence. O-Leave granted to register draft NM.
Matter adjd to 18.09.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.35 pm
Adv.Parikshit Desai for plaintiff present.
The plaintiff tendered registered NM No.1939/21 a/w. affidavit in support t.o.r.
ORDER ON NM NO.1939/2021
This notice of motion is taken out by the plaintiff requesting for permission to get additional evidence for the purpose to rectify the errors in the claim affidavit of PW-1.
Heard the Ld. Adv. for the plaintiff. The suit is already proceeded ex-parte. No argument of the defendants.
Read the contents of notice of motion. The PW-1 was unable to identify the signatures on invoices at Sr. No.2 to 9 of the list of documents. The plaintiff wants to examine Samir Rupani, PW-2 by filing additional affidavit of evidence. It appears that the plaintiff wants to examine new witness in support of this claim. The plaintiff is not examining himself by filing additional affidavit of evidence. Hence, there is no requirement for permission to file additional affidavit of evidence. The examination of PW-2 is not filing of additional affidavit of evidence, hence, the plaintiff is at liberty to examine his witness by filing affidavit of evidence of PW-2. For these reasons, the notice of motion has no substance therein. It is required to be disposed of accordingly, in result I passed the following order.
ORDER
1. The Notice of Motion No.1939/2021 is dismissed.
2. The plaintiff is at liberty to examine his further witness by filing affidavit of evidence of the said witness.
Witness Samir Nytalchand Rupani, PW-2 present. He tendered affidavit of evidence a/w. documents. Affidavit of evidence is read and recorded and marked at Exh.13.
Order on Evidence Affidavit regarding exhibition of documents.
1. The document at Sr. No.2, Exh-A is the original invoice No.S000182 dated 28.01.2016 and Challan No.485, 627, 648 dated 27.01.2016 (page No.13 to 16). They are original. They are proved by the witness. Hence, They are marked as Exh.14.
2. The document at Sr. No.3, Exh.A-1 original invoice dated 20.09.2016 and challans dated 09.02.2016 (page No.17 to 19). They are original. They are proved by the witness. Hence, They are marked as Exh.15.
3. The document at Sr. No.4, Exh.A-2 original invoice No.543 dated 07.03.2016 and challan No.1223 dated 20.02.2016 (page No.20 and 21). They are original. They are proved by the witness. Hence, They are marked as Exh.16.
4. The document at Sr. No.5, Exh.A-3 original invoice No.548 dated 08.03.2016 and challan No.840 dated 09.02.2016 (page No.22 and 23). They are original. They are proved by the witness. Hence, They are marked as Exh.17.
5. The document at Sr. No.6, Exh.A-4 original invoice No.646 dated 15.03.2016 and challan No.853 dated 09.02.2016 (page No.24 to 26). They are original. They are proved by the witness. Hence, They are marked as Exh.18.
6. The document at Sr. No.7, Exh.A-5 original invoice No.770 dated 26.03.2016 and challan No.845 dated 09.02.2016 (page No.27 to 29). They are original. They are proved by the witness. Hence, They are marked as Exh.19.
7. The document at Sr. No.8, Exh.A-6 original invoice No.1034 dated 18.04.2016, challan No.1181 dated 19.02.2016 and challan No.1224 dated 20.02.2016 (page No.30 to 33). They are original. They are proved by the witness. Hence, They are marked as Exh.20.
8. The document at Sr. No.9, Exh.A-7 original invoice No.1090 dated 21.04.2016 and challan No.847 dated 21.04.2016 (page No.34 to 36). They are original. They are proved by the witness. Hence, They are marked as Exh.21.
Suit is ex-parte, hence, no cross.
List of witnesses, Exh.22 filed by Adv. of plaintiff t.o.r.
Advocates\'' certificate, Exh.23 filed by Adv. of plaintiff t.o.r.
Evidence closure pursis, Exh.24 filed by Adv. of plaintiff t.o.r.
Matter adjd to 29.09.2021 for filing statement of truth and argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv.Parikshit Desai for plaintiff present.
None present for defendant.
KB for final argument.
LO at 01.42 pm
Adv.Parikshit Desai for plaintiff present.
Plaintiff tendered statement of truth, Exh.25 t.o.r.
Partly heard Adv. of plaintiff.
Due to recess, matter is KB,
LO at 03.12 pm
Adv.Parikshit Desai for plaintiff present.
Heard Adv.of plaintiff.
Matter adjd to 30.09.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv.Parikshit Desai 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 partly decreed with costs.
2.The defendant do pay to the plaintiff the amount of Rs.13,40,031/- (Rupees Thirteen Lakhs Forty Thousand Thirty One Only) alongwith interest at the rate of 11 percent per annum from the date of filing of suit till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 30-09-2021