Date: 30-09-2019
Business: court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Adv. Harshal Bafana for plaintiff present and filed affidavit of service. The defendant is served as per the postal acknowledgement but absent.
None present for defendant.
Matter stands Adj for Written Statement to 16.10.19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. Bafana for plaintiff present.
None present for defendant.
As per roznama dated 10.10.19, the defendant has been served with writ of summons by post on 18.09.2019, as per postal acknowledgement on record. Today the defendant is absent and WS not filed. The 30 days period of limitation is yet to expire. Hence, Matter stands Adj for filing WS to 23.10.19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Plaintiff through Adv. Aachal Jain present.
None present for defendant.
Heard Ld. counsel for plaintiff. It is submitted that as per affidavit of service and postal acknowledgement filed on record, defendant has been served on 18.09.19. 30 days period of limitation for filing WS is over. There is no appearance by the defendant. Hence, necessary order be passed against the defendant.
As per record defendant has been duly served with writ of summons but is absent. Hence, Suit to proceed exparte against defendant.
Matter stands Adj for Ex-parte Evidence to 20.11.19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Plaintiff present.
Adv. Bafana for plaintiff present and filed Evidence affidavit along with list of documents.
Evidence affidavit. TOR.
List of documents. TOR. O-Keep it for hearing on exhibiting documents.
None present for defendant.
Matter stands Adj for Hearing on Exhibiting documents to 12.12.2019.
Next Purpose: HEARING
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. Bafana for plaintiff present.
None present for defendant.
Heard Ld. counsel for plaintiff on exhibiting documents at Ex-3.
Perused the affidavit of evidence at Ex-2. Document at Sr. no. 1 is computerized copy of ledger account of defendant from 01.04.2014 to 31.03.2016. The document at Sr. no. 2 is certificate under section 65B of Evidence Act supporting the document at Sr. no. 1. Document at Sr. no.3 is the computerized copy of IT Returns for A. Y. 2015-16 and 2016-17. It is verified true copy by the CA. Document at Sr. no.4 is computerized copy of demand notice dated 30.10.2018 signed by advocate for plaintiff along with document at Sr. no. 5, which is original postal acknowledgement.
Ld. counsel for plaintiff submitted that necessary averments have been made in the evidence affidavit. All the documents have been duly proved and admissible in evidence. Hence, same may be exhibited.
I am satisfied that the documents at Ex-3 have been duly proved by the plaintiff on strength of Ex-2. Hence, documents at Sr. no. 1 to 5 are marked and exhibited at Ex-4 to 8.
Computerized Copy of Ledger Account of the Defendant from 01.04.2014 to 31.03.2016.
Certificate u/s 65B of Evidence Act.
Computerized Copy of Indian Incom Tax Return verification form for Assessment year 2015-16 and 2016-2017.
Computerized copy of the said demand notice dated 30.10.2018.
Postal Receipts along with Acknowledgement card.
Matter stands Adj for Ex-parte arguments to 10.01.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: None present for plaintiff and defendant at 11.20 am.
Keep Back
Later on at 12.36 pm
Adv. Rakshan Bafana for plaintiff present and submitted that in para 8 of evidence affidavit there is some typographical mistake in the claim amount. Hence, he sought permission to file additional evidence affidavit to rectify the mistake. Permission granted.
Matter stands Adj for filing additional affidavit to 22.01.2020.
Next Purpose: FOR___________________
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Called out at 12.10 pm
Adv. Darshan Bafna for plaintiff present and filed additional evidence affidavit and evidence close purshis
Evidence affidavit. TOR.
Evidence close Purshis filed by Ld. counsel for plaintiff. Seen and filed.
None present for defendant, suit is Ex-parte .
Perusal of record shows that the plaintiff has not submitted the statement of truth as per amended provisions of order VI, R 15A r/w O-11, R-3. Therefore, the plaintiff is directed to submit the statement of truth, as per appendix-I on the next date.
Matter stands Adj for compliance and Ex-parte arguments to 28.01.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Called out at 11.40 am
Adv. Bafana with Adv. Anchal for plaintiff present.
None present for defendant, as suit proceeded ex-parte.
Heard final arguments on behalf of the plaintiff.
In the course of arguments, a query was put up to the counsel regarding the documents on the basis of which rate of interest is claimed by the plaintiff @ 24 percent p.a. The Ld. counsel for plaintiff made a statement at the Bar that he will be producing some of the invoices in this regard by way of additional document and shall also filed statement of truth as per procedure.
Matter stands Adj for Compliance/Judgment to 30.01.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Called out at 11.27 am
Plaintiff present in person and submitted that his advocate Mr. S. K. Jain has expired. Hence, orally prayed for adjournment. Adjournment granted.
None present for defendant.
Matter stands Adj for taking steps to 17.02.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Called out at 11.30 am
Plaintiff present in person and filed filed further additional affidavit in lieu of examination in chief of the plaintiff along with statement of truth.
Further additional affidavit in lieu of examination in chief of the plaintiff along with statement of truth. R and R.
None present for defendant.
Plaintiff has already closed the evidence. Now compliance is also made. Hence, matter stands Adj for Ex-parte Arguments to 24.02.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Called out at. 11.05 am
Adv. Mandavkar for plaintiff present and filed VP.
Vakalatnama filed on behalf of plaintiff.
None present for defendant.
As per record of the case, suit has proceeded Ex-parte against defendant. Therefore, after filing evidence affidavit and list of documents by plaintiff vide Ex-2 and 3 on 20.11.19 at the stage of first case management, I had heard Ld. counsel for plaintiff on exhibiting documents and document at Sr. no. 4 to 8 were exhibited. Due to typing mistake in evidence affidavit on 10.01.2020, plaintiff had sought permission to file additional affidavit. It was granted.
On 22.01.2020, plaintiff filed additional affidavit vide Ex-2A and closed the evidence. It was also found that along with plaint and list of documents, the plaintiff had not filed statement of truth under O-6, R-15A r/w O-11, R-3 of CPC. Hence, direction was given to plaintiff.
Accordingly, further additional affidavit along with statement of truth was filed vide Ex-2B on 17.02.2020.
Heard oral arguments of Ld. counsel for plaintiff.
Matter stands Adj for Ex-parte Judgment to 28.02.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: None present for plaintiff and defendant.
FRSR following order is passed below
ORDER
1. Suit is decreed with costs.
2. The defendant is ordered and directed to pay an amount of Rs. 14,04,393/- to the plaintiff, including interest.
3. The plaintiff shall be also entitled to pending interest over above said decretal amount @ 18 percent p.a. from the date of filing of the suit till decision in the suit AND future interest @ 6 percent p.a. from the date of decision till actual realization.
Decree shall be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 28-02-2020