Date: 08-02-2021
Business: Adv.Sonal Darbar for plaintiff present.
None for defendant.
Exh.2-She filed service affidavit. TOR. O- Seen.
She states that defendant refused to receive writ of summons.
I have gone through the service affidavit. Refusal is not valid service of writ of summons. Plaintiff has to take steps to serve writ of summons as per Order 5 Rule 17.
Matter adjd for steps by plaintiff to serve writ of summons on 10.06.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: P.O. is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv. Jinkal Vira for plaintiff present.
None for defendant.
Ex.03 Ld Adv for plaintiff filed application for extension of time to serve fresh writ of summons t.o.r. O- Issue writ of summons through RPAD as prayed as per rule.
Matter adjd for affidavit of service to 22-10-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv. Ms. Sonal Darbar for plaintiff present.
None for defendant.
Exh.4 Service affidavit. O-seen.
Matter adjd for Ex-parte Order on 15.12.2021.
Next Purpose: ORDER
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv. Sonal Darbar for plaintiff present.
None present for defendant.
Representative of plaintiff present.
Order below Exh.01
Defendant duly served as per Exh.04, but he failed to appear. Hence to proceed ex-parte against him.
Matter Adjd for ex-parte evidence on 07/02/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: In view of Office Order No.27 of 2022 (regarding declaring public holiday on 07.02.2022)
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv. Sonal Darbar for plaintiff present.
None present for defendant.
Representative of plaintiff present.
Exh.05 - Claim Affidavit. O-read and recorded.
Exh.06 - Certificate U/S. 65(b) of Indian Evidence Act. O-seen.
Matter Adjd for filing compilation of documents on 17/06/2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Adv. Sonal Darbar for plaintiff present.
None present for defendant.
Representative of plaintiff is present.
Exh.07 - List of documents. O-be filed.
Heard ld advocate for plaintiff on admissibility of document.
Order on Admissibility of documents
Exh.08 (Colly) - Original purchase orders.
Exh.09 (Colly) - Invoices alongwith lorry receipts.
Exh.10 - Demand notice dt.28/01/2020.
Exh.11 - Returned Envelope.
Exh.12 - Board resolution.
Exh.13 - Evidence closing pursis. O-seen.
Matter Adjd for ex-parte argument on 21/07/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Preeti Gada for plaintiff present.
None present for defendant.
Heard final argument of plaintiff.
Matter Adjd for ex-parte judgment on 12/08/2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv. Jitendra Gupta for plaintiff present.
None present for defendant.
F.R.S.R. following order in Summary Suit No.490 of 2020 is passed-
ORDER
1. The Summary Suit No.490 of 2021 is decreed with costs.
2. The Defendant shall pay the amount of Rs.95,789/-(Rupees Ninety Five Thousand Seven Hundred and Eighty Nine Only) to the plaintiff along with further interest at the rate of 9 percent per annum on the principal amount of Rs.57,535/-(Rupees Fifty Seven Thousand Five Hundred and Thirty Five Only) from the date of filing suit till its actual realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 12-08-2022